: 1 i . , - - - ; - .- - - OFFICIAL JOURNAL OF POLK COUNTY. INDEPENDENCE IN ALL THINGS. SUBSCRIPTION PRICE $1.00 PER YEAR, IN ADVANCE. VOL. X. , COLUMBUS, N. C., THURSDAY, MAY 12, 11)04. . , . NO 4 '. ' " ' ' '". -. ,. T . . : : i ." : .;' . - ' Ti : : "" . . . . - : - : ' T Meet And Indulge In Some Plain Laipap As to President's ' . Action. ROOSEVELT IS ABLY DEFENDED By Mr. McNeill of North Carolina -Effort to Adopt Resolutions wisurmg ine rreiucni uives Place to the Decision to Seek -Relief from Congress North 3SS N Lively Carolinians Took a Lively In- terest in the Meeting. The few North Carolinians remain ing at the national capital took a lively interest this afternoon in the adjourned Indignation meeting beld by Washing-' ton lawyers to vote , their sentiments ever the action of President Roosevelt in appointing a successor to Justice Prltcbard without giving local attor neys an opportunity to be heard. Very soon after the meeting was called to order consideration was given to the resolution which contemplated the ap pointment of a committee of five to draft resolutions expressing the disap proval of the members of the district bar of the practice of the President in appointing non-residents to the bench of the district, and particularly in the course pursued : by the President in making the last appointment. , Some plain language was indulged in before the meeting finally adjourned, after adopting a subsitute resolution provid ing for the appointment of a committee to draft a bill for introduction in Con gress providing that One-half of the dis trict bench shall be citizens of the dis trict. Andrew Y. Bradley thus ex pressed himself: "Imagine the storm of protest that would occur if a resident of the District of Columbia should be appointed to an office in New York; yet we sit down and calmly submit to such treatment.'' The -salaries paid the local judges amount to about $60,000 a year, Mr. Bradley pointed out. Of that half, or $30,000, while District citizens on the bench receive only $12,000 of it." But the financial view pales into in significance when we consider- the latest flasrrant abuse of power by the Chief Executive," Mr. Bradley con tended, "In spite of the fact that the President knew there was no need for haste: that he knew Justice Pritchard would remain here at least one mootb; Senate had ad journed and that he had postponed the filling of the last vacancy on the bench till ' the political campaign in some States was over rather because of those facts, he appointed a non-resident to the bench less than an hour before the time be knew we were to meet and decide on a candidate for the place.". ' DEFENSE OF THE PRESIDENT. The chief defense of the President was made by R. H. McNeill, secretary ei the North Carolina Republican State execntivA committee, and secretary to Justice Prltcbard, while the latter was in the United States Senate. It was while Mr. McNeill had the floor that the meeting showed real "feeling" in the i&atter,' for some of his assertions were met with laughter and grunts of den sion. Mr. McNeill the adoption of the rtmtAsf pd Rorftinat r motion. Such ac- tlon, he declared, - would be extremely untust. and he added 'that if he stood alone in that opinion, he was lndlffer ent to what others thought.' "The President has been exceedingly , liberal to thV District of Columbia." Mr. Mx7tii tt., v vaa ntcwiintad UutrhteW Ha referred those who laughed to the showing made by Re- ntii t,o monu mnpA mfltH.t. nAnlare employed in exec t AHMtnont than the District Is ntit.lA hRTA there. "Mv home is in m.i, n-ii- v tic HfNelll went on wiU viv-, ------- - .. r .tjitn mv vote there, w ' t.t .vu .hMiiri tm a ir roi. Hffhta " aeain 4u tucrc wu iDKrruLiiiivu it - " Vnr h PowxM. m .n fIhAlrma.ni Cordon dlrt. irondlnaturedlv. - " . m vmmuwv. . "It is not proper for you to refer to me In thufc majinnr Mr. McNeill re torted,' with some heat. "I am not here for the purtiosd of being ridiculed, but to express my- opinion.'', - J f ; FAVORS TO THE DISTRICT 5 . Continuing' Mr..'; McNeill said that Adoiph G . V Wolf,r a - District resident, ZiZSZZ- SZSZ oushcs o . .. V organ ueacn, united otai. u.l torner for th DLtrict of Columbia, had LAWYERS P.J. HART GETS 12 MONTHS. Prominent Citizen of Polk County Sentenced to Twelve Months Imprisonment. " In Federal court this morning P.' J. Hart, a prominent Republican citizen of Polk county was convicted of con cealing liquor illicitly distilled. The case against Mr. Hart was called yes terday and has, owing to the prisoner's prominence, attracted considerable at tention. Upon the rendering of the verdict by the -Jury Judge Boyd sen tenced the prisoner to 12 months im prisonment and fined him $200. Mr. Hart was one of the most prom- Inent Republicans in Polk county. He uroo aha m a - a oiv vavs oni had held other offices of public trust. public At the time he was arrested he was emDloved bv the government in the ca- pacity of storekeeper and gauger. It is -..5?rt"" tuico uui rcia jL iiiiuit wuismejr wore found concealed on his premises and the evidence aganst him was conclusive. Gazette News, May 7. A - , . AYCOCK FOR VICE PRESIDENT. Does Not Wish. His Name Pressed for Nomination. Mr. N. O. Fanning, who is writing for the Brooklyn Eagle a series of articles from the Southern States, makes this, reference to - Governor Aycock: "Governor Aycock 's nomination for president or vice-president would very much plase North Carolina. The State delegation will not, however, present his name, In view of objection which the Governor is known to have, and of the delicacy of the Democratic National situation. Leading men of the South look upon Governor Aycock as one of the great men of the country, and ex pect him to rise rapidly and surely in politics. But his - close friends feel that his nomination on the presidential ticket should not be pressed, nor even considered, if It appears at the time of the National convention, as it doos now, that both nominations will have to be thrown into the balance in doubtful northern State in order to win." 15 MONTHS FOR WHITMIRE Henderson Youth Sent to Maryland Reformatory. la Federal court yesterday afternoon the case of Jesse Whltmlre, a boy of extreme youth from. Henderson county, charged with violating the laws of government plead guilty. After the submission had been entered a strong plea for mercy was made. . .-v. - prison had died and that he had been unable In see her before or after her death. . k The case was a pathetic one and the age f the boy and . the circumstances surround ding the case excited considerable, syui pathy. Judge Boyd would not, ;, send - the boy to a Federal prison ibut ordered ' that he be placed irk the government reform atory In Maryland for 15 months. The morning paper stated that Whitmlre was the Emma postofflce robber. This was a mistake. The bov who broke Into the building at Emma in which is located . the postofiicc was waiter , Johnson. Johnuon is out on bond and, his case ha not yet been disposed of. Gazette-News May 6, announced positively to the speaker that lan assistants appointed in his office must be bona fide citizens oi the I' - - . ... District. This position taicen oy wr, Reach was loudly applauded by those in attendance at the meeting. According to Mr. McNeill, the local h&r had as much riffbt to censure Jus tice Stafford for coming here as it had for criticising the President for appoint- Itntr him. He ac&m declared that he was opposed to hurling a gratuitous in suit at the President. Mr. Philip I WAiker exDiamea ine situation in me executive departments, auu uecmrcu "If Mr. McNeill has a friend among the citizens of the District whom he would like to have appointed to a department - Tll 1 place under tne ciyu ervic, him ne can t iiavo: iv uuuw McNelltwas asked how the people o; North Carolina would have felt if a i . . ; . , . . , inltizen OI tne UlSiriUb luswnu ui tiuouiw jrritcnaru, wiiuao "vuiB . wy i . rr i . j ji. . Uiadjbeen appointed to me iiumhow- Circuit Court to succeed the late Justice Simon ton. "They would have gone to Congress ri Tflm and ed their rights.". Mr; Mo- Maill answered. V :- 'But we have no rights here," some body remarked. , , ."' In fa mnor at.tpntion to the fact that outsiders" have monopolized the best speaker? potions.in &j-22gXl n nv. of North Carolina.-W. . 'Vf , ruintta nhrTar A, H. in Charlotte Observer JOB FOR MARSHALL; L MOTTi , 9 Will Be Legal Advisor For The Creek Indians. - Marshall L. Mott, who has been here looking for a political" job all winter has been designated as an attorney for the Creek Indians in Indian Territory. - While the ehief of the Creek Indian tribe has formally made the designation, it is not certain thai Mr. Mott will receive the appointment, The action of the Indians will not be bind- lng until concurred la by the Secretary of the Interior, who is not certain that the In. j dlans are longer in need, of legal advice. It is supposed the position, which pays iSOOO - waa sftraired for i Mott bv Jndms Adamn. nr noma nf thn North Cerollniam now in the Territory. Gazette-News. NEGROES TO NAME THEIR MAN. ' "CfMrHsr .... National Congress of r Negroes to " Meet'in" St. Uouls Jiily"6. " St. Louis, May 4. What is expected to be the largest convention of negroes ever held In the United Stales will convene here on July 6, the same date, as that for the. National Democratic gathering. .Arrangements were completed today for the entertainment of 3,500 delegates. II is the purpose of the national liberty party,' as the organization has been named,' to place a negro candidate for President and Viee President In the field.' Chairman ones predicts that the -ticket will receive half a million votes. Joi ei says: "The failure of the Senate to confirm the nomination of Dr. Cruni as collector of the port of Charleston, has prompted the colored voters of the North to take active steps to secure recognition through the methods proposed by tbe 'Lfb ertyparty'-V ; "We art making our fight in New York, ennsylvaula, West Virginia, Indiana, Illi nois and Missouri. A RUSH FOR PENSIONS Eleven Thousand fleceived Under New Regulation. Washington, May 5. Although the recent order constituting the age limit of 62 years as evidence of physical dis ability in granting pensions has been h effect barely three weeks the pension office has already been swamped with applications under the order. Up to Saturday the number of applications filed had reached a total of 11,000 and they are still rolling In at the rate of several thousand a day. One reason or the great haste in filing the appfl cations is that, although the payment of he pension may not begin for several months, they actually date from the time of filing and the . accr j ed pension will be paid in lump when the eertl Tb tnlnirnum nensloh under the or I der is $9 a moath, which eovere the 62 year limit, and ranges up to $12, ac cording to age above that limit. " Con stress, appropriated $500,000 fer the payment of these pensions before June 30. but Commissioner Ware .thinks the first certificate under the new order can not be issued before June 1. and that the entire sum will not be disburs ed before the end of the month. After the beginning of the fiscal year. July 1 the navments will be made from the ...-.. regular pension appropriation. - Call for Congressional Convention. A convention of the democratic party ot the tenth congressional aistnct w. . . l.-,. ' t - 1 V. called to assemDie m xienuereonvuie, at 1:00 p.m., on Tuesday, June i, iw, ior the purpose of nominating a candidate to represent said dlstilct in the 59th congress, to elect an executive commute and perform such other nusiness, as may uc prupcuj brought before the convention. The va- rious counties wUl please take nouce and select delegates wine district convention. The counties of the district will be .en- titled to east the xoiiowing vote m ine con- vention, based upon .uie oemocrauc ow east by each in tne lass guoernaionai wee - tlon Buncombe S7 16 8 8 83 e.-. Cherokee ,f.;. - Clay , Graham . Haywood....... i Henderson.... .......... 23 Ad Jackson... - Macon 21 McDowell 23. , Polk.... 11. Rutherford.. ... ...; 48 Bwalii .Vv. .. " '.. xrauoyivaiuB.... . ... - f shall befullv represented by duly accredited I. .1 &V .V. .mini delegates, uy oider oi tne lenta .wincv Kzecntive Uommutee. la Besston ai Aav ville. NKl. on Anrll 28. 1 Thi8 April 30, i904. R-ncctfnTlv. It M. Willi, Chairman. M. L. SatnuN, Secretary. SURPRISE IN THE TYNER CASE. Former Clerk Says Practice Was h "Give Them a Chance." . Washington, May 5.-Surprlsewas sprung on the government In the Tyner case this morning . .when Hayes Morgan,-! formerly "farad order1' clerk in the postofflce depart nt, testified that he himselt was the au tQr of some of the letters complained of wherein- Tyner is charged with favoring rclh quick" concerns. He said the practice of the legal branch of the postofflce gepartment had always been to give con cems against whom charges of fraud had been made a chance to reform and bring weir operations within the letter of the law.aazetet-News. WHISKEY MEN FOUND GUILTY. Heavily Fined and Sentenced to Imprisonment CharfoUe, N. May 4. A verdict of guilty was rendered today - in the United States court in the cases sgalnst T. M. An gel, B. F. Sprinkle, and William iXonng, for defrauding the government by false en tries In etnnectlen with the payment of taxes on 'whiskey. Sprinkle was fined 3,000 and sentenced to two years Impris onment; Angle, $1,000 and one year; and Young $1,040 and six months. An appeal was taken. A. J. Davis, the government gauger, who some time ago was convicted of making falsa returns in cennection with these al leged frauds, was given 18 months impris onment and fined $1,000. Judgment fo f 20,000 also was assessed against him and suit will bg brought for the isWaaainrt his bondsmen. - STOPS DIVORCE PROCEEDINGS. Judgo Justice Takes Reins in Hand and OrdersJMistrial. Judge M. H. Justice, of Rutherford, Is presiding ever the present term of Meek "per,or.c " ?tir!ng a trI.a! for divorce mis wee a judge justice wouiu not allow the jury to take the. case, but In structed that a Juror be withdrawn and a mistrial had. The judge had learned that the cause of the divorce proceedings was due to the defendant's people, and In dis posing of the case said: . "This Is a reputable looking man, and no doubt bis wife Is a nice woman; and ( they should live together. I cannot allow the cue to go to the jury on this evidence. The cause of the separation should be re moved; that is, this plaintiff should make further efforts to live with his wife and her people should not interfere. A juror was then withdrawn and a mis trial ordered. ATTEMPT TO WRECK TRAIN the Soitoa Keir AsheyJe Came 1 Fear B8lni.0trrl6d.0iit. Infornatlonof a nattempt to wreck pas senger train No. 35,. westbound, which left this city at 1:20 Saturday morning, was re ceived in AsheviUe yesterday. , The train was ruining at a fast rate as it approached Gorman's brlige, fire miles west of the city, -when the engine struck an obstruction on the track. The engine was raised from the rails and had hardly righted itself until a second ob sUructlon almost derailed it: : Engineer Par- rott immediately shut off his engine at the first ar and the train was moving much slower wnen tne second oDstiucuon was reached. r- The wheels rode the obiect on the track i several feet before the enrinel nehted I .. . Uteelf , and by this time the tram was almost A at.ndatni The train was bronffht to a gtop &Qd afUr aq Investigation it was found a thlrd obstruction in the nature of au le bar was just in front of the engine. . had 0yer two of obgtacles. but Engineer Parrott not had his m naQd mtd obstruction would gupely dltcned the engine and train. There Is no question but that a bold at- temDt to wreck the train had been made. t xba supposIUon is that it was done for I the purpose of robbing the express and maU 1 IUng the passengers. .The train was carrying the usual number of 'coaches and a heavy passenger list aboard. It would be hard to contemplate the result ot such a disaster at this particular spot, but It is cer tain that the death rate would have been appalling had the train gone down the em ban men t ?.? -. ::?,r ' -i The escape seems ab&ost miraculous. There is not the slightest clue to the per petrators, -but a number of the company's detectives are at work on the case. Ashe viUe Citizen. Mav 8 ' ' : '., St. Petersburg xeports that a Russian olncer nas Duut an air- I ship after Professor Langley's pattern, and it flies I Professor Langley says he does not think it probable. : - - ANOTHER PARTY IN FIELD. Christian Party Will Put Out Ticket if.Plankis not Accepted. St. Louis, May 4. The United Chns- lon party, which has been In session here since Sunday, . appointed a committee ' of 2 to select candidates for the national icket for the next presidential election. The convention - adjourned to meet here after efforts had .been made .to secure en dorsement by one of the principal parties of the planks contained in the Christian platform.; It. this is accomplished It is reported . there will be no independent ticket, the party agreeing to support the ticket of the party endorsing its platform. HON. SOL GALLERT RETIRES rom Congressional RaceGudger Addresses Convention. Rutherfordton, N. C, May 2.-0 dem ocratic convention for selecting, delegates to state and congressional conventions was held here today. The convention waswell attended, but was lacking in enthusiasm, which has heretofore characterized Demo cratic conventions In this county. Resolutions endorsing Judge M. H. Jus tice for associate justice were unanimously passed. - The delegates to the convention today having been instructed by. their prescind conventions Saturday to vote for a primary the primary carried by a vote of ,70 to 27, so if the executive committee obeys: the mandates of this convention we will have our first primary in Rutherford county some time in Uie near future. ; ; , f Col Sol. Gallert addressed the convention stating that he was no longer a candidate for congressional honors, giving as bis rea son that the press of legal business in the Federal court would not admit of ( his giving the time necessary to his campaign pnoi to the meeting of the congressional conven tl on. ,: Congressman Gadger Was -on hand and n response to a call addressed the conven tion for a short time. Mr. Gudger' said he saw signs and predicted a land elide in No vember. He said there would be no mon ey or tarriff Issue before the people t this year, but the "democrats were demanding an investigation of the postofflce scandals and a peep at the books; that this, and bet ter roads, kept up by congressional appro priations, would be the paramount issues. . CANAL COSFEREKCE AT WHITE HOUSE Rules And Regulations Are Approved By Taft And Xnoi. : : Washington, May 5. An important conference was held at the white house tonight at which the general policy to be followed by the administration in the framing of rules and regulations for the Panama canal zone was agreed on. This policy provides for instructions to be issued by the President through the secretary of war to the canal commis sion for the administration of affairs in the strip, following much the practice n vogue. in the Philippines where the acts of the commission are subject to the approval of the secretary of war. There were present at conference Secretary Taft, Attorney-General Knox and chairman . Walker . and the other members of the canal commlsion now In this city. . The members of the com mission explaiaed to : the President the condition of affairs in the isthmus as they found them and made reco- mendations for the government of the Strip-.. ;:. t-.r They will embody these recommenda tions In a written communication to the President who will submit them to Sec retrry Taft and Attorney General Knox for such modifications and suggestions as they deem best. After the rules and regulations habe been finally drafted and approved by the President . the latter will isue them to the commis sion through the secretary oi war. Congress left the matter of the goyern ment of the strip entirely with the President and the instructions for its government will coyer every detai necessary for a complete and thorough administration of affairs there, includ Ing the establishment of courts ana police " regulations Editor Britton Attacked Raleiehi N. C, May 6. This after noon, in the lobby of the Yarboro hote here, there wis a fight between City Editor Edward E. Britton, of the Ral eigh News and Observer, and Attorney William H. Day, growing out of con troversy about Day's applications for the receivership of the Atlantic & North Carolina railway. - Day used a j- cane, Britton receiving several blows on his arm and liand, and Day a light blow on the face. An Ashe ville man seized Day, while two clerks held Britton and the affair ended.Citlzen, PL ARTHUIRBOTTLED At Last By the Japs, But Hot Vith- dut a Heavy. Loss of Men and Vessels. " FENG HUANG CHENG TAKEN Also By the Japanese With Heavy Losses On Both Sides The Russians Are Driven Back at Every Point-rFalse Reports Are Sent Out-From St. Petersburg Concerning Japanese Losses Port Arthur Entirely Cut Off. Lor don, Mav 7. Dispatches received rom Beoul Dring tne report mat J? eng Huang Cheng has fallen into the hands "of the Japanese after severe : fighting. Seoul traces the report to Antung, Manchuria, a point near, the Japanese advance posts. The losses on both sides, it is reported, haye been heavy. , ; Russia Clearing Chanacl With Dyaa- Cheefoo, China, May 7X Chinese coast-. ing vessels report a" succession of , tremen dous explosions at the entrance to Port Ar thur. It is evident that the Russians are rying to clear the channel of the obstacles and mines placed there by the Japanese. The cruiser squadron of the latter is watch ing the harbor to prevent a sally of torpedo poats against the Japanese transports now ying along the peninsula'. . ' Part Arthur Completely Blacked. ? Tokto May .7. Admiral Tago reports at ort Arthur is completely blocked ex cept for the passage of very small boats. The 'Japanese admiral adds that he did not ose a sicgle warship in his last attack on Port Arthur, though it was expensive. as , regarding loss of life. , St. Petersburg Admits It London, May .7, A dispatch from St. etersburg states that official admission is made that the Japanese have captured Fung Huang Cheng. - - - i 435 RoMlans Captured. ' Wiju, Korea, May 7 Word reached here today of another Russian repulse in . Manchuria. Thousands of the Russian rear guard, according to report,, made a stand at Hehmetang on the Liao Y&ae road. " The Japanese charged them and af ter a brief fight the Russians spiked their guns and -retreated. Four hundred and thirty-five Russians were captured. 1 A ; Port Arthur Bombarded. St. Petersburg. ' May 7. It if 'reported that Port : Arthur was again Bombarded yeslerdav morning. Owing to communica tion with the port having been cut-off by the Japanese, no confirmatian of the rumor can be obtained. ' ' Port A:thur Cut Off. St. Petersburg, May 7. Port Arthnr Is cut off from all communication by land, the Japanese having, disembarked In Its rear, occupied the railroad and cut the tel egraph. Vice Admiral Skrydloff , who Is en route to Port Arthur to take command of the naval forces In the far East, will be unable to reach his destination. Ninchwang Take By Japs London,. May 4. The Chef 00 correspond ent of The . Chronicle cables the follow.' ing underyesterdaJf'B (Tuesday) date: "The Japanese landed troops and attack ed and captured Winch wan g last evening, the. Russians falling back to protect the railway." Pygmies for tne World's, Fair. Pygmy ; Philpihos will be the most in teresting anthropological ty pes among -all the strange tribes in the Philippine display at ; the St. Louis Exposition. They are perhaps the smallest little people to be found in the world.? 'r-Ms ; Juan and Martina de la Cruz, brother; and sister, were - the second and third' children in a -family of . eight. Their elder brother, living in Manilla' Is 36 years old, 5 feet 1 inch high, and of nor mal weight, 138 pounds.-- Martina, the next eldest, is 31 years old and 28 inches high.. Juan, the next in age is 29 years old and 29 inches high. - Their -parents andVthe five youngest children, all of whom are dead, were Philiplnos of aver age height and weight. 7i The brother and sister are nine and seven inches smaller than General Tom Thumb. Juan says that God made his sister small; then, realizing : how lone some she would be, He decided that he should be just exactly two, inches taller. Juan is married and the father of a boy eight years old. , He is as large aa . any child of that age in the islands. His wife, who was a Filipino of normal size, died three year3 ago. Juan and Martina were born in Capiz, Island of Pany, New York Herald.

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