. r, - v " .- . ' " ik- ... ' .' .. '. i- TBLNllT COLLEGE WEATHER v Fair- and warmer today; Wednesday fair, light to fresh southwest winds. : The News A paper for all the people and for the people all the time. Read it and keep posted. VOL.111. KO. 49 LAST EDITION. GBEEXSBOBO, N. C TUESDAY, DECEMBER 3, 1907 LAST EDITION. PBICE FIVE CENTS -. LITTLE BUT TALK THIS SESSION OF 1ITIJW0E5S Close Obsei vers Think It Unlikely That Any thing in Way of Legis lation Will Be Accomplished, ECONOMY IN PUBLIC EXPENDITURES GERTXlN Lid of the Pork Barrel Will Be Tightly Nailed Down and There Will Be No Way of Opening It Liquor Question Will Play Part in the Discussions. By JOHN E. MONK. Washington, D. C, Dec. 2. It is tlie opinion of olose observers that there will be little doing in the way of general legislation in the first session of the Six tieth Congress.- There will be an abund ance of talk on a wide range of subjects and the session wilt continue Until the time when it becomes imperative for senators and representatives to give per sonal attention to the election of dele gaes to the national conventions. The two great national conventions will be held early next summer. It is the custom of the party in power to put the curb bit on its membership in the Congress immediately preceding a national election.' No cut-and-dricd pro gram has been agreed on, but in a gen eral way Speaker Cannon, Bcpresenta" tives Payne and Sherman, of New York, and other leaders are in accord that the time is not propitious for a general over hauling of the statutes at large. With the annual supply bills there will be thrown in a few general laws that are regarded as of imperative necessity. Tariff revision will not be a bone of legislative contention, for the commit tee on rules will not permit it to rise above the surface. As usual, there prom ises to he considerable discussion of this question, especially in the House. The steel trust, the watch trust, the paper trust and other de facto and alleged - (Continued on Page Seven.) JURY IN THE BRADLEY GASE, FAILING TO AGREE, LOCKEDJJPTOR NIGHT Court Convenes at 10 o'clock When Result of Del iteration May be Announced. CASE GIVEN TO JURY AT 4.17 Washington, D. C, Dec. 2. After de liberating for five hours and forty-three minutes, the jury in the case of Mrs. Annie M. Bradley, charged witlr the murder of former United States Sena ' tor Arthur M. Brown, of Utah, failed to reach an agreement and were ordered locked up for the night. , It was 10 o'clock when the court ener announced that they would be unable to reach an agreement tonight and that the court would convene tomorrow morning at 10 o'clock Justice Stafford, who went home shortly after 6 o'clock, re ceived word by tleephone of ttie failure to reach a verdict and thereupon ordered the jurymen locked up for the night. The case went to the jury at 4:17 o'clock this afternoon and it was 10 , o'clock before any word was heard from the lurv room. The announcement was. received by those in the court room without comment, mere fifty people present at the time, the ma iority being women. , ., ., Mrs. Bradley ape" e ime h,le the iurv were deliberating in an anteroom. WJ son Arthur was with her. Jc who saw her said she bore up under the rdeal with remarkable .fortitude and Doeared to be cheerful. ' Mrs. Bradley W taken back to jail for the n ght.. Throughout the earlier part of the da Attorney Powers and Hoover, with re eHalTof the episode, that led to the tragedy and pleading insanity of the de fendants at the time alio shot Brown m -a hotel here on Decemebcr 8, last, ar med for the defense,, and whciv court Convened after recessDistnctttorney : Baker, attacKing the theony of insanity and arraigning the defendant in scath ing language, made, the closing address. A new point brought tmt in the argu ment bore on Mrs. Bradley's intention When fhe started on tlie interrupted trip from Salt Lake to Ogden enroute to Los Angeles. , The government contended that the. fact that on arrival here she tailed at a hotel for her mail, indicated that when she left Salt Lake the last time, which waa the' projected Lo An: teles trip, she really proposed coming ' ere to'aee Brown. The. court permit ted the defense to refute this by quoting from the evidence to show that after Mr. Bradley started on that trip she ' change 1 her mind, atopped at Ogden, tele- i i 1 1... .f D.U. I a!-.. ftl,A pnourU llir BinbCI kt ! VHIJ. (Continued on page Two.) :;' i Advertising TRUST DOESN'T CONTROL RETAIL E Vice-President Hill Says That A, T. Co. Has Part In But 1,000 ol the 600.000. CONSUMERS MASTERS OF SITUATION, HE DECLARES They Call for Such Goods As They Want and Tobacconist Must Buy What His Trade Asks ForAdmits Ownership of "Independent." ... New York, Dec. 2. Of the six hun dred thousand retail tobacco stores hr the United States, the American Tobacco Company controls less than 1.000, and of the 5,000 jobbers in the country it controls only one, according to Vice President, Percival S. Hill. This state ment was made today in the course of the hearing in the case of the, I'nitcd States against the American Tobacco Company, before United States Commis sioner Shields as referee, Mr. Hill declared that the company has no hold whatever on oOD.OOO stores which are doing business. "The retail stores," said he, ''are practically under the control -of the consumer, wlw calls for such brands and goods as suits his fancy. , The consequence is that the dealer buys what his trade asks for,'' .. He. said also that any jobbers cpn get the goods of the American Tobacco Coin parry direct, except in Now York city, and that the American Tobacco Company is willing to mi ply any jobber in any other city who can pay for the goods he orders. i The United Cigar Stores Company, he said, handles some goods not made by the American Tobacco Company.. An allowance, averaging 5 per cent., witness- said, was paid alt jobbers for . (Continued on page Two.) . TOBACCO T FIRST CLASH BETWEEN FEDERAL GOVERNMENT AND STATE OF ALABAMA Judge Jones Issues Order Ordering State Solicitor to Appear and Show Cause Why He Should Not Be Adjudged Guilty of Contempt. Montgomery, Ala., Dee. 2.The first clash between the federal government and the State of Alabama came today when Solicitor Henry B. Stegall,- of Ozark, Dale county, was cited under a rule isued by Judge Thomas C-. Jones, of the federal court, to appear and show cause why he should not be adjudged guilty of contempt for his alleged mis behavior towards Deputy United States Marshal I'ullum. The alleged misbehavior consisted of,, a threat said' to have been made by Mr, Stegall, that he would have the sheriff of Dale county arrest the deputy mar shal for attempting to serve on him the papers in the Central of Georgia case. Mr. Stegall is cited to appear before Judge Jones on December 5. v Solicitor Stegall was but lately a member of the Alabama legislature from Dale county. In the legislature he was recognized as one of the leaders of the House. Ho was appointed solicitor by Governor Comer. Tho incident which resulted in the is suance of the rule by Judge Jones oc curred on November 6. It' is described in an affidavit signed by the deputy THE ENGINEER IS KILLED WHEN LOCOMOTIVE HITS, BROKEN : RAIL IT OVERTURNS BLOOD V'v' HOUNDS ON THE TRAIL'. Montgomery, Ala., Dee. ' 2.-1An east- bound passenger tpiin on the Southern , railway turned . over ; when it struck 'a broken rail near Marion, -Ala., late .to- night; and Engineer Frank Little was I yuuglit under the engine and killed. His fiftrtanan..' Wai fatally injured.. No., pas- sengsrs were hurt, j . , , ' There were evidence, of ' train wrecker and bloodhounds have been placed oti the ar Pullman Cars Burn Ia .Shopa. Buffalo, N. Y Deo. 2. The Pullman company 's Dig "painf shop here,burnect to the ground in' les than an hour tonight. Tiywitv-one Pullman, cars were de-atrovj3.-''T'he total' loss will be about 341)0,000. : . - ., . y V.f .'H . v-:' E rr STRIKE LETTER T, "J Declares Danger of Clash Be tween Federal and State Courts Should Be Averted. REVIEWS CONFLICTS IN RAILROAD CASES Says Congress Should Pass Law Prohib iting Interference With State Laws Until They Have Been Passed Upon by the State Courts. '.; Raleigh, y. C, lc. 2. (iovernor U. It. Glenn tonight forwarded to the North Carolina 'senators and representatives a striking letter, in which he declares that the conflict which arose during the past sumer between the federal courts and the state 'courts in testing the consti tutionality of he North Carolina legis lative act reducing passenger rates warns all thinking persons that such conflicts may eventually result in seri ous trouble' and should, therefore, be averted by suitable legislation. lie calls on North Carolina congress men to direct the attention of Congress to the dangers from such conflicts that an act may be passed .forbidding federal judges from needlessly interfering with state court in administering criminal laws. A statute should be enacted, he de clares, forbidding the federal courts from, by injunction or habeas corpus proceedings, in any way interfering with the state courts in enforcing its laws and such prohibition should continue un til the state courts have first passed on the constitutionality of its own acts and then pass by writ, if either party desires, to tile United State supreme court. This course, he says, is advo cated by some of the ablest law jour nals and authorities on the ground that it would forever prevent any conflict (Continued on page Two.) marshal and which was reported by United States Marshal Judkins to Judge Jones. Deputy I'ullum had gone to Ozark to serve the sheriff, the. solicitor and the clerk of the court. He says that Solicitor Stegall refused to accept the papers. CONFERENCE TO CONSIDER THE RATE SITUATION Birmingham, Ala., Dec. 2. Gov, B. B. Comer, Attorney-General Garbor and counsel held a long conference here to day, to determine the next step to be taken by the state in the railroad rate litigation, which is now tied up by the injunction of Judge Thomas G. Jones. While no statement was-given out it is understood that two plans arc -under contemplat'on.. One is to seek a writ of prohibition 'from the United States Supreme Court holding up Judge Jones' orders until his jurisdiction in the mat ter can be determined.'. The other is to allow a test case to be made, and on a writ of habeas corpus take the question to the Supreme Court as speedily as pos sible. " . R N OB nMPnrprniirM UUIlbntDDIYILN FIFTY MEET AWFUL DEATH IN A PENNSYLVANIA MINE Killed by Explosion and Resulting Fall of Rock or Suffocated by Poisonous Gasses Before They Got a Chance to Escape. Pittsburg, Pa., Dec. 2. The fate of five American and forty-five foreign ; miners, while not definitely known, was pretty well established late today by the finding of the. body of a mine pumper near the. twenty-second 'entry of the N.toini mine of the .United,. Coal Com- j pariy at Fayette City, thirty-five miles from '.this city, in which an explosion occurr.'il last night.. The man had died from suffocation. ' Judt'.ing from -the two fatalities thus far known, both having been caused h poisonous , gas fume;., it is almost cer tain that, the forty-eight miners still en tombed in the mine have succumbed to the deadly after-damp. ! -. Thcro is also a possibility that the ex plosion of last nigiit occurred sa close toi the. men that they were killed by It force, or. the resultant fall of , tone of Totk and earth., ; ." . ' r" t Sinctf shortly after eight o'clock last night rescuers have labored, almost con' FIRST SESSION OF THE SIXTIETH CONGRESS IS HELD; VAST AMOUNT OF IMPORTANT BUSINESS IS AHEAD Carolina Delegation On Hand BY JOHN E. MONK. Washington, D. C, Doc. i--All the North Carolina members in Sciiat and House' were present today when the Sixtieth ('onuress was convened in what may prove to In; a. notable session. One feature of the day was noteworthy from -the-standpoint'-of North Carolina. For the first, time, in many years, and probably the last time for years lo conic, twelve Demo crats responded when t.be roll of states was called in the House. Senator. ..Simmons, today entered upon another six-year term in llie upper house of Congress. The- state, boss was extivuicly happy, and wore in addition to a broad smile, a handsome button-hole. bouquet in the lapel of his frock coat. In accordance' with custom lie was .'accompanied to the bar of the Senate by .his colleague. Senator Overman. On the flint day of every new Congress old members are reduced to the rank and level of the older member for an hour or so. Each representative must take his chances in drawing for seats. Claude Kitehin was the lucky. ' Carolinian today. He drew a seat in the renter 'of the Democratic section, on the middle aisle. Immediately in front of him sits minority leader John Sharp Williams, of. Mississippi!, while across the way is Theodore K. Burton, of Cleveland, who was recently defeated '-for-the office, of mayor by Tom Johnson, of Cleveland. Representatives Thomas and Webb were the only other 'members from the state to draw aisle seats. Representatives W. W. Kitehin. Ilackett and Page occupy adjoining seats in the back of the house, and the other North Carolinians drew scattering locations, none of them very desirable. Representative Thomas introduced a biil removing the customs duty on pulp, which is used in the manufacture of paper. ; WASHINGTON THE MECCA EOR REPUBLICANS EH ALL PIRM COUNTRY Assembling of National Commit tee and Opening of congress Draw Leaders. EAGER FOR CONSULTATION Washington, D. C, Dec. 2. Political Washington is making' ready for this week's invasion of the head men of the Republican party. They are all expect ed to be here when the Republican Na tional Committee assembles the latter part of the week. Not in many years has the quadrennial meeting of tho party organization excited so much in terest. ' ". In the preconvention campaign of 1896 it was generally conceded that William McKinley, of Ohio, would walk away with the presidential nomination. He did. At Philadelphia, in 1000, the Republican convention was nothing more or less than a Alctvinlcy rally, ana in terest in it was kept alive only a? a result of the controversy that took place over the question as to who should be named . as the vice-presidenwal can didate. Tom Piatt,', of New York, and Matt Quay, of Pennsylvania, put their heads together, and decided that the best way to shelve Mr. Roosevelt, then governor of New York, was by placing him on the tail end of the McKinley ticket. In l!K)l McKinley was struck low by an assassin's bullet, and Theo dore Roosevelt became president of the United States, Roosevelt's was the only name presented to. the Republican Na tional Convention of 1004. : Lively Fight Probable. Present indications point to a lively fight for the Republican ' presidential nomination in 1!)0S. This, in the-event that Mr. Roosevelt is eliminated from the situation. That done, there will be Taft, Cannon, airFbanks, Foraker, Knox, Hughes, Cortelyou and 'others to reckon with. A determined simple in the 1008 convention, many party leaders believe, will have a wholesome effect on the or ganization throughout the country. Manv leaders that come to Washing- (Continued on page Two.) stantly in an effort to reach the im prisoned men. Work has been necessarily slow on account of the wreckage and after-ilanip. Notwithstanding the fact that the rescue parties have worked in fifteen minute relays, a score or more of their members have been compelled to go to their homes, suffering from the poisonous gases. Two of the rescuers are in a critical condition. All day long a crowd estimated at 2,000 persons have stood about the mouth of the illfuted mine, awaiting some news- from the entombed miners. Hundreds i of these persons are. relatives or friends of the unfortunate men and their grief 1 pitiful. ' The rewuera are divided in' opinion a.to when they will reach the impris oned men. Some believe the end of their search will come late tonight, While others dp not look for this until tomor row, evening. ' 1 ' '". In the meantime, it is the opinion of all that the men are dead. and Insepar able---Are Never Found Apart in Business T UNTIL MM SIXTH His Counsel Opposes Delay. Urg ing Prompt Trial for the Prisoner. WIFE ATTENDS PROCEEDINGS New York, Dec. 2. On motion of Dis trict Attorney Jerome the second trial of Harry K. Thaw, for the killing of Stanford White in Madison Square Roof Garden, in June, 1006, today was post poned until Monday, January 6. A spe cial panel of three hundred talesmen will report that day for jury duty. Thaw was not brought into the court room, but waa allowed to stand in the corridor leading from the prisoner's room at the rear and had an unob structed view of the proceedings. His wife, Evelyn Nesbit Thaw, was the only member of the prisoner's family present. She looked much better than she did a year ago. Her face is plump now and there is a touch of healthy color in her cheeks. She seemed in high spirits to day. " .The proceedings came up before Jus tice Dowlnlg of the Supreme Obnrt. The defendant was represented bv his new 1 - r a' ... iraumg counsel, wan in . Littleton, and by Daniel O'Reilly and A. Russell Peabody, who served throughout the first trial. Mr. Littleton opposed the de lay and on behalf of the defendant de manded the right or n speedy trial. .Mr. Jerome ; requested the delay on account of the great difficulty that would be encountered in securing 'a jury with tho prospect of being locked up over the holidays staring each talesman in the face. It was necessary, ho said, for the protection of the interests of the public and of the defendant's counsel that the jury should be kept in custody through out the trial. Justice Howling said that while he favored a-speedy trial he believed time and expense 'would be saved by putting the case over to the first Monday in Januarv. THREE 1IL CLERKS W WHEN TflfllNJS DERAILED EVERY CAR BUT DINER LEAVES TRACK ON L, & N. R. R. NORTH OP MOBILE. Mobile, Aln., Dee. 2. Every .ar ex cept the diner in the I.ou'sville and Nashvillo . northbound passenger train, was derailed at three o'clock this after noon near Dyas Creek, thirty-two miles north of 1-ere, and the three mail clerks, Campbell, Wharton and Labou, were badly cut and bruised. The injured were carried to Bay Mim ette for treatment. , V Fatally Beaten With Billiard Cue.. Americus, Ga., Dec. 2. ienjuu.'ur L. T.ightfoot, a prominent planter residing upon the Rylander plantation near Aemrieus. is at death's door from blows delivered with a billiard cue by Marion Sims, another furmer, Saturday night. Lightfoot's skull was crushed 'and he ha since been unconscious. s Brilliant Scenes Attend the Opening Exercises in House and Senate. Cannon Formally Elected Speaker and Fairbanks Assumes Gavel As President of the Senate. WASHINGTON D.C Dec;. 2.. .brilliant scene characterized the meeting .; of the SiMieih Congress today. In Senate and House of Representa tives there were notable jiatlierings in the gnllerie.i of representatives of the official society of the Capital. Tfo coming together for the first time of he men who lia c 1 cen c!eefpl to the Senate and the House, about one hundred i f whom have not before served in Congressmade the occasion one of particu lar interest. T!ie striking sceiies of the day were in the House of Rrrresentatives, where . the formal selection of Joseph Cannon to again be speaker oi that body end the design it ion bv the Democrats of John Sharp Williams as their leader, were occasion's for nvntiens for those gentlemen. , The vast hall el' the House of Rep resent Hives rang with cheers of Re publicans and Drnit( rats for their leaders, and the speaker received as warm a reception from men bers of the minority as he did from hin own party. CANNON EXPLAINS PURPOSE OF THE HOUSE IN ACCEPTING SPEAKERSHIP In accepting the speakership Mr. Can non said in part: "We are today organizing the Sixtieth Congress, marking the one hundred and eighteenth milestone in the history of government by the people under the con stitution. Our predecessors in the years that are passed have left to us an ex ample .of wisdom, moderation and cour age that has never failed to preserve the ideals and the interests of Republican government in many crisis, whether of peace or war, adversity or prosperity.'. "This House is the only institution under our constitution where tho will of the people may be expressed with a fairness approximating to scientific ac curacy. Other departments of the gov ernment have lofty and important, func tions, but to this House alone belongs the peculiar, the delicate and the aU siirpassing functiou of interpreting and putting in. definite form the M of the people. This duty we must perforin our selves. The principles of tile past may help us to the extent of showing us the points of the compass; but beyond that we1 must depend on our own wis dom, our own constancy, our own in dustry and our own fidelity to duty," The appearance of Hon. William J. s Englishman Had No Chance Against His More klll(ul American Opponent. HE LEAVES RING UNMASKED London, Dec. 2. Tommy Ruins, of America, knocked out Gunner Moir, of England, in the. tenth round before the National .Sporting Club here , tonight. Englishmen, never had great hopes of the ability of their representative to regain their lost honors in the boxing arena and in a somewhat unexciting contest the American champion had a compara tively easy task in disposing of loir's pretentions and securing for himself the title of heavyweight champion of the world. After the fifth round Bums' victory was certain and in the tenth -when the gunner failed to rise to the call of time and was literally cut to pieces, Burns left the ring with scarcely a mark. Moir owes his right to participate in championship matches more to influence than to merit, and his defeat. '..therefore, was not a matter of general surprise. Burn-' proved himself superior in every detail, lie d splayed greater scicnece and infinitely better' generalship, and his blows were delivered with much move power 1'haii were those of -the. English man; It was an easy victory for the American, which from the very outset, apearcd almost a foregone conclusion. Burns entered the ling the favorite at odds of 7 to 4. The work in the first round was most ly at long range, the fighters sparring warily. Finally Burns landed two heavy blows on the gunner's neck and ear, the second sending him staggering to the ropes, while the American himstif escaped without punishment, avoiding Moir's rushes cleverly. The pace in creased in the second round, the men getting into close quarter, whew Burn thowel hi superiority and did a lot of damage on Moir's boily. He received a nasty jolt nnder the chin, however, (Continued on page Two.) Bryan on the floor of the House also was the occasion for enthusiastic cheer ing by the Democrats. When the adoption of the rules for the government of the House during the Sixtieth Congress came up the rules of the last Congress were opposed by John Sharp Williams, and he was joined in that opposition by Democrats and by a ..single Republican, Mr. Cooper, of Wisconsin. The old rules were declared to be too autocratic, placing too much power in the hands of the speaker, but after a somewhat acrimonious discus sion, they were adopted by a party vote. Committees were appoined by both Houses to inform the President that Congress had met and wns ready to re ceive any message he might wish to communicate. New senators and representatives were sworn in and both Houses adjoumed out of respect to the memory of members who hare died during the recess of Con gress. ' if While t he voting v.as going on neither Speaker ..Cannon nor Representative Wil liams was present. The roll call showed the following re sults for speaker! (Continued on pago Two.) OPENING DF LAYMEN'S TWO FINEIDDRESSES "Money and Missions." and "Mon ey and the Kingdom," Dr Lilly's Subjects. THE CLOSING RALLY TONIGHT Charlotte. X. C, Dee. 2. "The Bible doesn't say that in laying up .wealth there is danger of man getting too much money: it says that the danger lies in money getting too much man." This -epigrammatic sentence was the keynote to the ; magnificent, address of Rev. Dr. D. Clay, Lilly,.' of Winston Salem, at the auditorium last nigiit on the -subject 'of- "Monev and the King dom.'' A Splendid audience was present to hear. The huge building was f nil v three-fourths full anil it must lie rarely that Dr. Lilly has a greater opportunity lo deliver this vital message of his than last night. It. was a lilting bee'nning of tin! three-day campaign of the lay men's mis-ionarv movement iu Char lotte. Dr. Lilly also delivered an address yesterday afternoon when he spoke on 'Men and Money," the meeting taking the place of the usual afternoon Y. M. C. A. meeting, and the ..one at night, launched 'the campaign of the lavnian's Missionary movement in this city. It is an inter-denominational movement de signed to arouse a greater knowledge of mi-sions on the part of the men of tho churches and consequently to increase their zeal and liberality. It sends out no missions of its own. It is strictly a movement within the churches . It hod its origin a year ago in a prayer-meeting, in a New York city church, when a numbcr of devoted men of wealth de cided to finance the movement in tin! way of sending out Mr. White and other to work in conjunction with tlm missionary swretaies of all the church boards. Far reaching results have al ready been met with on this tour. At Toronto, the churchei decided to in crease, their gift to misions bv $.VK).. 000; at St. Louis by $230,000; at Knox-' ville by SUU.OOO, and so on in the other cities. .-,' This afternoon ut 3 o'clock there wa (Continued on page Two.) &'t,, 'v.-.-f. .a- . '..,.;';'' '-'i