North Carolina Newspapers

IU II El S' i i . f, ' " ' ' Year, In Adnna. " FOR GOD, FOR COUNTRY AND FOR TRUTH. " Slngl Cy $ Cm ' y ' ' ' ' it VOL. XVIlE PLYMOUTH, N, C FRIDAY, MARCH 20, i908. NO. 42 tyi-r V"" )5V ? Items Gathered from Charged With Abduction. Wilson, Special. Thursday even ing Jesse Brinkley, a married man who has been living apart from his wife for several months, eloped with Miss Mary Vann, daughter of Mr. and Mr3. 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 8 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 find her. Finally I found where she had passed out through a L , panel in the fence. Gaining the out "side of my yard I was told that my daughter and Jesse 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 Thomasvillo. Thomasville, Special. Thursday night the home of Mr. L. R. Imber was entered by a robber and a num ber of things were stolen. Among them was about $35 in money. The familv was sleeping in the room at the time, but no one awakened and the robbers escaped. Early Sunday morning the front window in tho store room in tlie Wyche Block oc cupied by Max Wager, clothing mer- "vgjit, was broken, and robbers en- reru-"HiiJ, siuie aim muic u iuu ui clothes, hats and other furnishings. Diligent search is being made to ap prehend the robbers, but as yet no one is suspected and it is doubtful if the perpertators will ever be caught. Wilmington Merchant Assigns. Wilmington, Special. Capt. S. F. Craig, retail grocer at 014 North Fourth street, has made an a?sign men, naming A. G. Hankins as as-sis-nee. The liabilities schedule a little over $3,000 with assets about the same The creditors are largely WiJmington wholesale grocers, J. W. Brooks being the largest, to the amounts of something over $000. Capt. Craig reserves for himself the lcs'al real and personal property. In ability to collect outstanding obliga tions is assigned by Capt. Craig as the cause of the assignment. Taken Back to Madison. Asheville, Special. John Randall, the Madison county man charged with til murder of his wife who was b light here several weeks ago for f.ale Keeping on account oi lineup feeling against him, was taken bacic j to Marshall by a deputy sheriff of j that county who came here for him. J It is said that feeling against the i alleged murderer has abated and that it is believed there is no Ion 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's Collections. Raleigh, Special. The State De partment of Insurance by its collec tions for the past month has broken all of its previous records. For Feb ruary the collections amounted to $.')0iJ1.13 and this amount was turn ed over to the State Treasury, the books showing that this amount was in excess of the collections in any other one month of the existence of the department. The fiscal year will end on the first of April and the col lections for tho year will bz in excess of $220,000. ... - All Sections of Hip Stat WORK EE GINS SOON. On Construction of Teachers Train in SchooL Greenville, Special. The trustees of Eastern Carolina Teachers Train ing School appointed by the Legisla ture of 1907, et here last week and inspected the site selected, on which to locate the school. Those present were: J. Y. Joyner, Raleigh; T. J. Jarvis, Greenville; C W. Wilson, Scotland Nec"k; J. C.' Parker, Tren ton;; I. T. Turlington, Smithfield, and Y. T. Armond, " Kinston. The board met and organized with J. Y. 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, associate architects in competition. Work of construction will begin as soon as plans are completed and material col lected . Clamis ' 1 Unwritten Law. ' ' Asheville, Special. Claiming that he had killed Paris Sumner, and thai he was justifiable in doing so under tho "unwritten law," James Fardy, a well known citizen of Limestone township, twelve miles from Ashe ville, aroused Deputy Sheriff Mitch ell at the county jail here about mid night and demanded admittance. The shooting occurred twenty five yards from Frady's home. Frady and Sumner, both well known and highly respected citizens, are neighbors. Frady alleges that Sum ner was intimate with his wife and finding the two together, opened fire on Sumner. Frady shet five time, three of the bullets taking effect. Then Frady beat Sumner's skill in with the butt of his pistol, and le'ft 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 State Democratic executive committee i session here Wednesday night seleet 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 and was finally defeated. Serious Play With Pistol. Asheville, Special. An accident as a result of playing with a pistol occ'irr'ed near Weaverville, ten miles from Asheville, and it is feared that two boys, Harmie Black and an 8 year old lad named Eller, will die. Yeung Black, 15 years old, was at tempting to drive a 32-calibro cart ridge into a pistol of 22-calibre bore when the cartridge exploded, JMier i effort. The bullet entered just under his left eye and, going through the head, lodged under the skin back of the right ear. Two of Black's fin gers were torn off and blood poison has developed. Neither of the boys are expected to live. Sales of 'Fertilizer. Raleigh, Special. The president of the Caraleisrh Phosphate Mill says I that ordera are now coming in very well. He cannot yet tell how the sales will compare with those last season, though there is a general fall ing off of about 25 per cent., it seems. The Agricultural Department will in a few days mate up its figures as to sales of fertilizer tax tags. Receiver Begins Action. Saisbury, Special. In the United States Circnit 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 attach- ent was issued by Judge Boyd, at . . i ii ii . Ureensboro against an uie property I of T. A. Gillespie Company in North j Carolina for the purpose of holding the property of the defendant to sat isfy the paintiff's claim. BAD FIRE AT R0XB0R0 For the Third Time in Two Months The Town Hac a Narrow Escape Blaze in Heart of Business Section. Roxboro, Special. The business portion of Roxboro early Sunday morning had its third narrow escape from being swept by fire within two months. The blaze originated in a large frame building owned by Mr. J. M. Blalock and used 'as a bowling alley, pressing club and lunch room, which burned. The Pinoneer ware house burned fiercely but was extin guished with a small loss. A large tobacco prizery and the Primitive Baptist church caught from flying sparks but were promptly extinguish ed. The stores of the Morris-Webb Drug Co., Woody, Long & Morton, Long, Bradsher & Co., and Sergeant, Clayton & Co., were in imminent danger, being saved only by a favor able wind and the keeping of a stream of water on them. Mr. Blalock 's loss is about $1,000 with no insurance. Mr. Walker, owner of the bowling outfit, carried $500 insurance. There is sus picion of incendiary origin but there is no evidence or clue to support it. WILL EE A GREAT MEETING. Twenty-Fifth Annul Convention of North Carolina Sunday School As sociation. This important gathering of Sun day School workers will be held in the Christian Church, Burlington, Tuesday, Wednesday, Thursday, April 7, S, and 9, 190S A very at tractive programme has been pre pared for the occasion, containing the names ;ol a number of the most act ive Sunday school workers in the en tire country All the phases of prac tical work will be covered by address es, papers and practical demonstra tions. The social feature of the oc casion will be emphasized and a good time is in store for all those who may attend. Great good will doubtless '.re sult from this meeting and the causa will be materially enhanced. Shoots His Foster Father. Monroe, Special W. D. James, an employe of the Monroe Cotton Mill, was shot in the left cheek by W. C. Basbee, a fellow employe, in a quar 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 between them were of the pleasantest till a short time ago, when James began to suspect that Busbee was too intimato with Mrs. James. When James en tered his house he found Busbee there, and a quarrel at once arose between them on the old subject. Upbraided Kv .TniYiPs for nctinsr as he had, Bus bee, who had been drinking, drew a 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 probably recover. Man With Bullet in Spine Will Re cover. Fayeteville, Special Henry Brunei-, who was shot by D. J. McDonald will probably recover, the attending physician states. Both are white men and well known and the difficulty was the outcome of n.arked attention from Bruner to McDonald's wife.Me Donald was evidently "shooting for a funeral," as he fired five shots, thmiHi onlv one took effect, lodging in the spine. McDonald's friends of fered $10,000 bail, but it was re fused and he is held in jail awaiting the result of the wound. Burglars at Claxemont. Newton," Special. Burglars visited the town of Claremont Friday nigui and entered the stores of II. L. Yoder & Co. and D. M. Moser & Son, 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. State News Items. Solicitor A. L. Brooks of the 9th judicial district, has tendered his resignation to Governor Ghv.n. This 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 gov ernor. Governor Glenn appoints Rev. J. O. Atkinson, of Elon College; Henry A. Gilliam, of Tarhoro, and li. T. Grav of Raleigh, members of the board of visitors of the University of North Carolina. BIG FINES TO STAND Supreme Court Decides Cases Involving Rebates THE ELKINS LAW INTERPRETED By a Division of Five to Three tho Highest Tribunal Declares That the Lowev Courts Were Right in Impoftig Fines on tho Chicago, Burlington & Quincy Railroad an the Kansas City Packers For Granting and Accepting Rebates. ' Washington, Special. By a divi sion of 5 to 3 the Supremo Court of the United States has affirmed the decision of the United State Circuit Court of Appeals for the eighth cir cuit, imposing fines on the Chicago, Burlington & Quincy Railway Com pany, for granting and the packers of Kansas City, Kan., for accepting rebates on shipments of packers' pro ducts intended for export. The de cision was announced by Justice Day and his announcement was con curred in by Justices Harlan, White," McKenna and Holmes. The Chief Justice and Justices Brewer and Peckham dissented in an opinion an nounced by Justice Brewer, which pungently critized the controlling opinion. Justice Moody took no part in the disposition of the case. Tho Points Involved. In his opinion Justice Day dis cussed the various points of con troversy involved in the cases. Taking up the first question as to what constitutes a crime. In the matter, of granting rebates he said : " Had it been the intention of Con gress to limit the obtaining of such preferences to fraudulent schemes or devices, or to those operating only by dishonest, under-handed methods, it would have been easy to have so provided in words that would bo un mistakable in their meaning. A de vice need not be necessarily fraudu lent; the term includes anything which is a plain contrivance." Discussing the effect of the ruling on the usual construction of con tracts Justice Day said: "There is no provision for the filing of contracts with shippers and no method of making them public defined in the statute. If the rates are subject to secret alteration by special agreement, then the statute will fail of its purpose to cstabish a rate duly published, known to all, and from which neither shipper nor carrier may depart. "It is said that if the carrier saw fit to change the published rate by contract the effect will be to make the same evailable to all other ship pers. But the law is not limited to giving equal rates by indirect - and uncertain methods. It has provided for the establishment of one rate to be filed as provided, subject to change as provided, and that rato to be while in force the only legal rate. Any ther construction of the statute opens the door to the possibility of the very abuses of unequal rates which it was the design of the statute to prohibit and punish. "It may be as urged by -petitioner, that this construction renders im possible the making of contracts for the future delivery of such merchan dise as the petitioner deals in, and that the instability of the rate intro duces a factor of uncertainty, de structive of contract rights hereto fore enjoyed in such property. But such ' considerations address them selves to Congress, not to the courts. It is the province of the' judiciary to enforce laws constitutionally enacted, not to make them to suit their own views of propriety or justice. "The statute being within the con stitutional power of Congress and being in force when the contract was made, is read into the contract and becomes part of it. If the ship per sees fit to make a contract cover ing a definite period for a rate in force at the time he must be taken to have done so subject to the pos sible change of the published rate in the manner fixed by statute, to which he must conform or suffer the penalty fixed by law." . In the course of his opinion, Jus tice Day gave the following general definition of the intent of the El kins ' act : ElknS'' Act Defined. "The F.lkins' act proceeded upon broad lines, and was evidently in tended to effectuate the purpose of Congross to require that all ship pers should be treated alike, and that tho only rate charged to any shipper for the same service under the same conditions should bo the one established, published and posted as required by law. It is not so much the particular form by which, or the motive for which this purpose was accomplished, . but the intention was to prohibit any and all means that might be resorted to to obtain or receivo concessions and rebates from the fixed rates, duly posted and published." Railroad Employes Strike. Denver, Colo., Special. Monday morning 1,500 machinists, boiler-makers and members of kindred trades working in the Denver & Rio Grande Railway's shops went on a strike in response to an order issued by W. J. McQueeney, representing the machin ists national organization, after a fi nal conference at which Manager A. C. Ridgeway, of the railroad, refused any concessions. Wins Rhodcn Scholarship. Athens, Ga., Special. II. L. Jewett Williams, of Macon, a member of tht University law class, was awarded the Rhodes scholarship in Oxford University, England, by the Rhode scholarship committee for Georgia, consisting of Chancellor Barrow, Pro fessor Bocock, of the University oi Georgia; Professor Murray, of Mer cer, and Professor Peed, of Emory. Mr. Williams leaves this summer foi Oxford for a stay of two years. Judge C. D. Clark Dead. Knoxville, Tenn., Special. Judge C. D. Clark, who was appointed to tho Federal bench by President Cleve land in 1895 as judge for the east ern and middle districts of Tennessee, is dead at Chattanooga, aged 61. He had been at Asheville, N. C, for some time for his health, and only recent lv was removed to Chattanooga. He was a native of Tennessee. Big Cotton Mill Fire. Winston-Salem, N. C, Special. The picker building and the warp lapper and machine rooms of the Cooleemee Cotton Mills, at Coolee- mee, Davie county, were destroyed by fire Friday, entailing an estimated loss of over $100,000, fully covered by insurance. The fire broke out in the picker room about 9 o'clock and it took five hours to get it under con trol; eight streams of water were placed upon the burning structures The oriain of the fire is unknown. Lone Bandit Holds Up Train. Butte, Mont., Special. Great Northern Railroad officers were ad vised that the Oriental limited was held up near Bonners Ferry, Idaho, by a highwayman. Both mail clerks were bound while; the mail car was rifled. No attempt was mado to blow open the safe. No estimate is obtainable as to the probable loss but I it is not believed to be heavy. The. bandit escaped. .- , , U NEWSY GLEANINGS. v Texas reports an orderly" lynch- Ing. Cleveland decided to close Its schools and spend $600,000 to make the buildings safe. Senator Johnston, of Alabama, ob serves that Washington, D. C, has no Sunday observance laws. WInchendon, Mass., rejects Mr. Carnegie's $25,000 and will build a library out of Its own hands. James J. Hill discussed the busi ness outlook, saying conditions would improve if they had an opportunity to do so. King Edward entertained Premier Clemenceau and M. Pichon, the French Foreign Minister, at luncheon at Paris. The letter of Emperor William to Lord Tweedmouth and the latter's re ply have caused a storm of criticism in England. The State Grange, In session at Hornell, N. Y., indorsed the attitude of Governor Hughes on anti-race track gambling. It is conservatively estimated that between 20,000 and 25,000 miners will go to different parts of Alaska and the Canadian Yukon. Naval militia organizations of the Atlantic coast States have been In vited to take part in the maneuvres of the auxiliary naval vessels. Fifty Terrorists, men and women, many of them heavily armed, some with bombs, were arrested in St. Petersburg, after a desperate resist ance. The first of the big battleships far the German navy, the Nassau, of 1S,- 000 tons, was launched at Wilhelms haven, In the presence of the Em peror. The present season has b.?en to a degree disastrous both in New York City and on the road for the "popular priced shows," as well as for the first class attraction. Of persons stricken with Insanity ibout one-third recover. MORE C0MPLICA1 l S. C. Supreme Court Take Hand in Dispensary Mud WILL JUDGE PRITCHARD REC South Carolina Supremo Court Hi Down Unanimous Opinion Uph ing Attorney General Lyon ir. i pensary Matter Nest Move Up Judgo Pritchard. Columbia, S. C, Special. On S urday, the South Carolina Supre: Court handed down an opinion, c curred in by the entire court, uphol ing attorney general Lyon's conte tion and declaring that the action Judge Pritchard 's court was contrai to the constitution of tho Unite' States. Monday's dispatches from Colon bia say: There is no mistaking tho fact tha the members of the Stato administra tion are feeling good over the decis ion of the State Supremo Court ren-i dered Saturday afternoon on the mandamus petition of Attorney Gen eral Lyon wherein the court sided in vigorous language with every princi pie of law contended for by the At torney General in the contest between the State and Judge Pritchard ovei the dispensary funds in litigation, i Attorney General Lyon and Attorney ! W. F. Stevenson, asd .'ialed with him, pvcssed themselves as much pleas- ; cd with and gratified at the decision. ! It was everything that they could j hope for. And Governor Ansel has ; given expression to s-mtiments. ! Opportunity For Pritchard to Reccda. But whether there will be an extra session of the Legisia.tue following l hi t!iti'o1r is stii m. u .ibt. AK. Iloundtree and Anderson, oi Atlanta will be here soon for consul laitu.'t with Atlornev General Lvo.. :u.i! other counsel associated witit him .ti the subject. Tho opinion seeis V l' that Judge Pritchard should h( given an opportunity to recede fiom his ' sition, in the -vay opened for Inns to ':'M in Liie decisio.. tlt Soiiili (Jar lina Su:)::jn.e Coui; It he does not give way, or if he mak". ni.::.tr ostile move, it is likely an extra seon will be ealled to env!t such leg.ii.rtion as will put tae SUt-'s attorneys and the uitpeusary qpmiis mission in full charge of affairs. Now that the receivers have quali fied, the intimation is that tho next move on the part of the opposition vli! be to attempt to get possession of the funds by a call upon the com mission. Members of tho administra tion have all along expressed perfect onfidence in being able to score a omplete victory in the Federal nirts when the case is finally got cforo the United States Suprema court, but at the samo time Govenor v el, r.s peace-loving as he has al ways shown himself to be has mani fested a disposition not to. allow tho funds to go into the hands of the Federal Court. . Just Debt:; Will E3 Paid. 1 1 New York, Special. In a state ment issued by Eugene P. Carver, counsel for Charles W. Morse, decla ration is made that tho indicted bank er believes he is able and with tho co-operation of his creditors proposes to pay all his j ist debts. Morse 'a counsel further states that all legal rights and remedies will bo invoked to accomplish the settlement of obli gations and that all pending criminal matters before the State and Federal courts will be urged for a quick de termination as to matters of law and facts. Richmond as Dry as the Desert of Sahara. -Richmond, Va., Special. For tha first time in the history of Virginia no liquor can be had at the various social clubs. The Byrd bill closing all bars on Sunday went into effect Sunday and even at tho oldest and most influential clubs, no intoxicating drinks were served. For The Aray and the Navy. Washington, Special. Navy De partment officials appeared, befora the congressional naval affairs com mittee and urged the purchase of the Jamestown Exposition grounds by the government, to be used as a naval training station. Secretary Taft and a delegation apeared before the con gressional committee on military af fairs and recommended the purchase of ten thousand acres adjoining Chicamauga National Park for man oeuvreing grounds for troops.