Newspaper Page Text
B.S ?rc^gggga lm. WHO'LE NUMBER, 16,156.
RICHMOND. VA.. TUESDAY, FEBRUARY 3. 100&.
PRICE TWO CENTS.
THE DAY'S SUMMARY.
WASHINGTON, Feb. 2.-/Forcca8t:
Vlrgiiiia-I'artlv cloudy Tuesday; Wed
nesiiay raln nnd colder; viirlablo wlnds,
Blilfilng to fresh north.
Jjortli Carollna?Raln Tuoadny and prob?
ably Wednesday; wluds becoinlng south
eust and fresh.
STATE OF THERMOMETER.
B A. M.52
12 M. I ..: f.S
B P. M. M
6K M. 68
0 P. M.', ...,,.,...... tt
12 mldnlght .67
Averngo ./. &7
Highest lompernture yesterday.'K
Lowest leinpeniture yesterday.42
ftlcan teinperature yesterday....48
Normal temperature for February.. 3<i
fjepnrture from normal temperature. 12
Pruclpltatlon during past 21 hours... 00
? Feb. J. 1003.
Sun aotB.7:11 I 11IC1H TIDE.
bi"i ?etH.5:W Mornlng.?:33
Moon setB...ll:3? | Evenlng.8:51
Councll approprlatos money to erect n
monument to MIbs Kobblc M. Tager, who
dled at the post of duty-No Investlga
tlon for Uie Councll-Tho Southern
Rnllways franchlso qucstloned-Con
tract ror doeplng tlio harbor awnrdcd?
AniV,gSJPu,* ,lK,,t ?" state dlspensary
pui-.Mlnlsters favor compulsory educa
iM."?;-A,) aI>P<?nl for tbe chlld-lobar
blll-Death of Mr. Sa.in.ucl B. Ragland?
Programme for ihe corifore'nco of char?
ltles-Tobacco trnde favors Increaslng
tlie nn-.'y-Negroes me<?t nnd repudlute
reported utterance Of James II. H.ives?
SalaHes of State orflclais aro flxed
Baltlmore mlnlster io be called to Rich?
mond-Lihor Commissloner to BUbtnlt
exhaustlve report?Grand Jurv indicts a
Htoclc broker-Unlted States C'lreulL
V?urt of Appoals meets to-dnv-Brllllant
Richmond german last nlghl-Thronts
of mimlredx to be blessed to-dav-Rob
berles by tlie wholesale In llenrlco coun?
ty-Death of an aged Methodlst mln?
lster-Good weatlicr predlcted by tho
ground-hog-Rlclunond prlcst trans
ferred to Portsmrmth-The city tug to
remnln ln oommlsslon-Record made by
Sunday Times-Dlspateh-Extra pay re
commended for work dono on the Jall.
MANCHESTER-Pollce to appear In
regulatloh unlform and helmts?Mr.
George M. Porter mlsslng?A famlly
in a row on the streets-Move to or
ganizo a lodg?- of Elks-Bank of Manl
chester opens for buslness-Rev. H. H.
A dry Sunday ln Norfolk. but fifteen
cases reported for drunkennesa-Rev.
Dr. BlackwelJL of Wllmlngton, N. C. call?
ed to the First Baptlst Church, Nor?
folk-Man of fnrly-tlve and a pretly
young womnn kllled iiv a loiornotlve near
Chrlstlansburg?Burglara In Itadford at
tenipt to rob both postofflces the same
night-Saloon? as tfght as wax on Sun?
day in Alexandrla?Porter Y. Johnson la
ac'iuitted on a chargo nf cinbezzlemnnt at
Newport Ncws?St. Vlnceiit's Zavarlan
Malo Academy ls opened und blassed at
Newport Ni'-vvs? I'rlneo Edward negroes
looklng to John Wlse?Wcstover church
reopened after repnlrs-Dr. W. W. Smlth
leaves for a Europcan tour?Captaln C.
'II. Cnusey has reslgned-Lody at Wln
chester scverelv burned by the exploslun
of a lamp-Lnlon Street lot purchased
for mechnnlcs' bulldlng at Petersburg
A man burned to death In an lce-house
near Ashland.-Marrlagc-s?T. A. Hul
flBh and Mlsa Bt-tty May Pollard at Alex
andria; T. E. Mend and MIfs Mary J.
Colllna In Loulsa.-Deaths-James
Brynn at Frede'rlrkMiurg; Rlohard Sound
ers In Spotaylvanln; R. L. Bohannan at
WIlllamsburK: Henry Dawaon at Heatlis
vllls; Mrs. Nannle Cooper in Dunvllle;
Mrs. Helen B. West at Norfolk; Mrs.
Mary E. Burgess at Norfolk: Lawienee
Anderson nt West Polnt; E. CI. Dunn
nt Ronnoke; I. E. Trotter at Lynchburg;
Mlchael Drlaooll, Robert Bledso In
Orange; Charles Whalj-ii ln Norfolk; Mrs.
Thomns L. Roblns ii| Lester Manor; Mr.1.
Klla Bell Hall at Petersburg; Mrs. Mar
paret Smllh at Petersburg; James G.
Taylor at Petersburg; Mrs. P. B. Jerdone
Xa Baltlmore. .
Mrs. Jordan Plerco is sent to Jall at
Drum 11111. X. C, on a chargo of "our
glary; her husbnnd was her accompllce
nnd was nlso sent to Jall. and her mother
wns Jalled for another burglary?
Charges of cruelty against State offirials
in connectlon wlth thertament of eon
victs-New Supreme Court convenes at
Ralelgh-Fivo pardons by Governor Ay
cock-^?Federal Court in session at Wll
mlngton?ITnlque crimina! case reported
Mlnlster Bowen seurts nn ullimatum to
the allles. rejectlng In toto their proposal
to take. two-thirds of the thlrty per cent.
ln paytnent of their clalms on Venczuela
antl givlng tho other Powers only one
third: will aubmlt questlon of divlslon to
Th? Haguo tribunal-Tobacco men meet
ln Washlngton to -day to propose leglsla
tion against givlng prizes nnd premlutns
with tobacco and cigarettes-Troops or
r'd'ered out. In Wnterbury, Coni'.. to permlt
the runnlng of street oars-M-iro anlma
tlon on tho Btock marl'.et yesterday and
volume of dealings was iucreased a mlllion
shares over the average of last week
Wordy war in the Sennte over nrmy
approprlatlon bill, v;hich went over untll
to-day to admlt of offerlng nmend
tnents-Sundry civll blll reported carry
lng an nppropriatlon of sevenleen mlllion
dollars in excess of tho current mens
ure-Housf passed ftrenate blll appro
prlatlng mlllion and a half dollars for
tho erectjon of a new Agrleulturnl De?
partment liullding-Anmuil ball of the
Southern Rwlief Society danced in Wash?
lngton last night under bright colors of
tho Confederncy. Many dlstlngulshed
guests Wero present-Stoek tralns col
llde, kllllnft two men and Injurlng nearly
a dozen others-Queen Alexandra'a Jeal
oiisy of her Royal husbnnd Is theme of
J-^iiidoii gosslps-New presldent elected
for the Brooklyn Rapld Translt Compnny.
MET DEATH IN
Man of Forty-five and Pretty
Young Woman Kllled by
(Rnc^liil to Tho TlmrH-DUnnteli.'l
JHRISTIANSBURG, VA., Fobruary 2.
On tho Norfolk and Western Rallroad
Bt Kettlo Hollow, throo mlles east of this
place, lale Sunday afternoon, Flomlne
Touiiff nnd Mnrgaret Stunrt, both wlllte.
were tofrlbly manglod by a pusher on
glne, whlcli was returnlng lrom hero to
They woro walklng on tho west bound
?track whon they mot a long frelght traln
ln a deop cut on a heavy curvo, and to
svoid It they stopped over on tho east
bound track, nnd wero Immedlatoly run
ovor by tlio pushor, which waa comlng
around tlie ourvo on a, heavy down
grado. Voung wns kllled Instantly, Ula
Bkull nnd neck being brokon, und ho was
otborwlso . terrlbly nmngled. Tho Stuart
-woman llvod untll 1 o'clock this mornlng,
aftor hnvliig her log nmpututod.
Thoy wero both orlglnally from Floyd
oounty, but had been llving at Elllston
for somo tlmo, Young was about forty
flvn yoartt old and had lwf? wlves niul
sevorul chlldion llving, but had desertcd
thom for tho Stuart womnn. who was
about twenty years old, and reoontly left
hor luiBband for Young, Sho wus well
drossed nnd vory pretty. Thoy hnd boon
vlaltlng ilier el?tert ?yho Itvea here^
Men Ente'r Protest.
GATHER AT THE
will Offer Blll That Alanufac
turers Can't Evade.
TALKSOF THE MATTER
Says His Association Are Not Fighting
lho Trusts, But Are Simply Endea
voring lo Put an End to a
Practico Which They Con
sfder Pernicious to
(Special to Tbe Tlmi-s-Dlnpatch)
AA'ASHINGTON, D. C. February 2.
A matter of great importance to the
tobacco manufacturers of the country,
and of considerable Interest to almost
every smoker of the present day,' has
caused the Asuoclatlon of Independent
Tobacco "Manufacturers to call a meet?
ing at 12 o'elock to-morrow at the New
AVIIIard. The dlrect object of thla meet?
ing, which. will probably bo Iargoly
attended, Is to formulate plans, which
?will be Bpeedlly executed, to preocurc the
parsagc by Congress of k-gislation which
will do away with the present system
of premlum coupons. tagg, and labels
employed by the ilmcrlcan Tobacco Com?
pany and others to advance the sale of
The Associatlon of Independent To?
bacco Manufacturers was formed some
months ago, and Ls made up of tho In?
dependent tobacco manufacturers of the
country. Tho purposc of the associatlon
Is to take up subjects of Interest to the
Independent manufacturers and lor.f after
them in a manner to brlng benef'.t tn
the members of the association. Sliortly
after organlzlng. the association took up
tho matter ot the redemption of tags,
coupons. labels, box fronts.
The conslderatlon of this flnally result
ed In the framlng of a letter. which was
sent out from Rlohmond by President
John Landstreet, calllng the meeting,
which will take place to-morrow,- nnd
?which will be attended by Independent
manufacturers from every Stato ln the
tobacco belt. _
Fifteon manufacturers from P.lchmond
?will be present.
The bill. which the associatlon will try
to havo passed at this sesslon of Con?
gress, Is ras lollows:
An act to suppress lottery schemes,
gift cnterprlses and brlberv ln connec?
tlon with the United States Internal
Be It enaeted by the Senato nnd House
of Representatives of the Dnited States
of Amer.lca ln Congress assembled.
That the last paragrapli of section 3394.
revlsod shaitiMes, as amendc-d by the tenth
section of the act of July 24, 1S?7, and
as further amended by section 2 of tho
act of July 1( 1902, |s hereby amended so
as lo read as followr.
Seotlon 1?No plug, pnekage, box, ba?,
pouc.ti, paiil, or other recc-ptacle for man
ufactured tobacco. snuff, clgars. or clga
rettes, and no cignr, clgarotto, little
clgar, or other form of manufactured to?
bacco bearlng mui Internal rovenuo stamp
shall have attached to, connected with,
or packed with It. anv article. or tliing!
wlintsoever, to be used for, or that shall
be used for. or In connectlon with any
prlze, premlum, gift, reward. redemption
Thon follows a penalty clause.
Section 3 ls a clause.. providing that this
act shall not be so construed as to prn
hiblt the use of tags, labels. bnamds, or
trade-marlts, so long as they are not used
lr. confllct with the provlslons of section
W. S. HAMILTON
Was a Noted Criminal Lawyer
and a Fighter?Shot by
Gen. Jas. A. Walker.
(Speclnl tn Tbe Tlmea-Dispnlrti.!
BRISTOU TEN1N., February 2.-A\'il
Ilam S. Hamllton, aged forty-tlve, dled
suddenly at his home ln Brlstal at 4
o'elock this afternoon. He Is survlvod
by lils wlfo and olglit chlldren. Mr,
Hamllton wns one of tlio most suocossful
crlmlual lawyers ln Southwest A'lrglnlu.
He was tho llrst Commonwoliith's Attor?
ney nf Biistol, Ara., having served four
yonrs followlng tlio eatnbllshnient of a
city court ln 1890,
Mr, Hamllton wns fond of oxelteiiient,
and some years npo whllo edjtor of a
llowBpnper liero aceepted c|ialleiige3 to
fight two dllt'erent duela with moii wliom
ho had offended. Thoso conilialu wero
prevented by oHlcors, As /itlmnoy for
Congreasmaii Itheu, when his aeat was
bolng enntostod hy ex-Cuiigrossman
AVulker, Mr., Hamllton wns in tlio nildtt
of an exoltlug aftvay |n 111-19101, nnd wns
shot In the nbdomon by Gunernl AValker
rturlner a dlsputo that nroso whllo depo
Hltlons wero bolng talton In contost ciu-o,
Mr. Humillon miirrlod a dutnchU.-r of
tiio Jute Judge BurjiHt of L.9Hnwt yut
THE GROUND-HOG LOOKS IN VAIN FOR HIS SHADOW.
OF THEM ALL
The Sunday's Times-Dlspatch
Broke All Virginla Records.
AS HIGH AS EIFFEL TOWER
lf Piled One Upon Another They Would
Reach 1,000 Feet?Thirty Thousand.
Copies Printed, 40 Pages Each.
II Tons of White Paper Used.
Tho owners and editors of The Times
Dlspatch were ambltious to make tlie drst
Sunday issue the greatest aj?d best neivs
paper ever publlshed In Virginla. How
well they succeeded the publlc can
The paper was one of the largast ever
issued in Alrglnla; the edltion was per
haps the largest that ever came from any
press ln the State. and the paper had ex
cc-ptionally wide distrlbution.
There were more than 80.000 copies of
the Sunday Tlmes-Bispatch printed and
Each. paper had forty pages, printed ln
two "runs"?two sectlons of twenty-four
pages ln one and slxteen ln tho other.
To supply this vast amount of white
paper, thirty-eight great rolls, each as
largo as a sugar barrel. wr larger, were
used. This waa 22..S00 pounds of white
paper?almost a solid car load. The
value of this pai>er Just as lt came from
the mllls was about |G0O.
AN AIJ^-NIGIIT WORK. !
Tho pross began to move on the Sun?
day editlon at 9 o'elock Saturday nlght.
For nearly three hours the labyrinth of
machlnery ground out papers at the rcite
of 12,000 an hour, prlnting twenty-four
pages. includlng the color section. This
contalned the special Sunday features,
the editorlal and soelety pages and the
vast quantlty of news that had been
collected and gotten ln type by eight
o'elock at nlght.
The press began to move for the last
section at 4:-10 A. M. Sunday. Three
tlmea the hundreds of wheels were
stopped and tho rapid chow-chow of their
grlnd was hushed for the press-fountains
THE PASSING OF
It.will Soon Be> One of Those Things
That Has Been in Rich-*"
The days of claret limeado in Rich?
mond aro numbered. AVhat little was
left after tlie Unitod ,States government
Imposed a tax of $:!5 upon soda foun
talns wheio It was sold will disappear
like a flash with the action of tlie city
of Richmond, which, through tho Corn
missionor of Revenue, hn.i Just made it
known that tho Federal tax will bo fol
lowed up by a niuniclpal tax eonskkra
It appears that tho confectioner who
sells cloret soda will be placed on a foot
Ing with the retall whiskey dealer, and
will be compelled to pay a regular'll?
cense tnx. Tho United States and the
city of Richmond luivo taken a hand nnd
the Stato of A'irglnla will probnbly fo!
low ln due. tlme. AVhen the Foderal tax
wns imposed about slx dealers ln Itlch
mond pald up nnd contlivued to sell. But
tho latest ndvlccs concernlng tho matter
llnlsk even those slx up. It appears that
thoy will have to pay f somethlng llko
5125 per year, and the most sangulno
do not hope to mako a protlt undor such
Mr. Crensliaw. of Branch Allen's, his
just hnd n conferenee with Mr, O, A,
Iliiwklns, conimlsaioiier of the rovenue.
Mr, Hawklns gavo Mr, Crcmliaw to un
derstand th.-it he would havo to tako out
a regular rotnil whhikoy donler'8 licen?o
herenfter. Mr, Crensliaw guve Mr. Hnw
klna to iiiKlerBtaud that he would slop
selling clui'ol llmpado in tho futiire.
NEW SET OF RULES
F(JR TRUST COMPANIES
<H\- Asiincliitwl I'ri'ia.i
NFJYV YOHK, February 2.?II was ati
nnuncwl to-day that tho Cloarlng Houso
Comm|tteo will recotiunoncl to tlio full
lissooiatluti ou AVodnosday a now sot of
ruleu eontrolllnir tho trust coinpanlcs,
Tho rules iu brlof will requlro ull aueli
cnmnanlos clearlng through tlio bhbocIu
?tlon \o l5?on a flvo per cout. roson'o nnd
pWvlihKfor aa Incroaso of Ihiu ainount
by dogrocs nt Bpoolfloil tlmes utitll n, ton
por eunt, j-e/ioi'vo plioJi imve been roaehod.
to he fllled with ink. Nearly a bairel
In all was used.
If. the Sunday papors had been lald
ono upon another they would have made
a stardc 1,000 feet high, or tis high as
Elffel Tower, Parls, tho highest stritcture
In the world, and but Jlfty feet lowenthan
the proposed tower for the St. Louls Kx
posltlon, which Is to outrank the fn?
mous FVench product lon.
lf the paper had been torn apart Into
leaves and theso. had been placed end
to end they would make an unbroken
path from Richmond to Phlladelphla, or
218 mlles, air line.
WAS QI'ICKLY HANDLED.
The prlntlng and handllng of a large
edltlon of a paper ot such proportlons,
even after the work of the reporters,
correspondents, edltors and printers. ls
done is a herculean task. Mr. Hol
derby, the buslness monager, had planned
t,.e> work well and evcrythlng ran wlth?
out a hitch. The press stopped at 7:30
o'clock Sunday mornlng and by 8 o'clock
all the papers, escept those kept for uso
ln the" offlce, were out of the bulldlng.
There aro slx men In The Tlmes-Dls
patch press-room. twelve In the mailing
department and twenty-flve master-car
rlers. each of whom has a number of
cnrrler-boys. These carriers havo chargo
of the dellvery of ihe papcr in Rich?
mond. Manchester, Barton Helghts and
Chestnut HIII and other suburbs. But
whlle, of course, the largest clrculation
of the paper Is in Rlcirinond and Ihe
sulmrhs. an ldea of the number of papers
sent out of the clty.by mall. may ho
formed from fact that it took 10fl big post
offlce canvnss bags to hold them. The
government charges for these by the
pound, and yesterday mornlng the Times
Dispatch Cornpany patd the postofllce ?ISj
for postage on this edltlon alone.
The nearesl postoffiee to Richmond to
which the Tlmes-Dispatch ls sent ls
Atlee's on tlie north. and Bon Alr on the
south. Coples of tho paper go to Eng
Iand, France, Italy, Greece; pnrts of Asia.
Japan and Chiaa on the east, and to
Australla and the Phillppines on the
Each page has seven columns, hence
each paper had 2S0 columns, 200 of which
was readlng matter and tho remainlng SO
advertlsements?all for flve cents.
TO THE FOUNDERS
Hollywood Memorlal Associa
tion Has a Meeting of Deep
A called meeting of the Hollywood Me?
morial Association was held yesterday ln
the Second Presbyterian Church lecturo
room. The absent members must long
regret their failure to attend this meet?
ing. It was a very lnterestlng one, nnd
will bo remembeic-d ns one of the most
Important over held liy tho associatlon,
It is tho plan of tho ladies to put In
permanent form memorials of the found
ers of and early heipers in their noblo
work. To this end papers havo been
wrltten by those selocted for tho purposo
nnd such as could he rcady ln tlmo wero
read to the association on yesterday.
Others will be read at the October meet?
ing of the nssoclutlon. -
Captaln Francls W, Dawson was one
of the most activn workers for tho Holly?
wood Memorlal Association In its veiy
beginnlng, and tho memorlal sketch-of
him was first on tlie llst yesterday. It wns
wrltten and read by Mrs. Geoigo W.
This wns followed by the following
trlbiites: To Mrs. Mnry Wallcer Barnoy,
written and read by Mrs. Joseph Bryrin;
to Mra. William 11. Macfarlahd, the first
presldent of tlie Holywood Memorlal As?
sociation, wrltten by Mrs. John Glenn, of
Baltlmore, and read by Mrs. Stophon
Putney; to Dr. Ohnrlea Mlnnegorodoi
written by Mrs. Adalr Ploasahts and
read by Mrs. E. C. Mlnor; to Mrs. Wil?
liam II, Brown. wrltten by Dr. J. 1'.
Smlth and read by Mrs. Calvln Stownrt;
to Miss KllziiU-th Mi-D. Crenshnw, wrlt
len and read by Mrs. E. C. Mln'or; to
Mrs. Marsbnll Gllllum, wrltten by Mrs,
Werth niul read by Mrs. Calvln Stownrt;
to Dr. Moses D. Hoge, wrltten and rend
by Miss Mary Crcnsliawj to Mrs. CH'arloa
Octinet, wrltten by Mrs. ,1. Hull Mooio
and road by Mrs. deorge L. Chilstlun.
Theso papers. which wero listenod to
with tlio deepest Intorost, nnd which nro
of great lilstorlo valuo, aro to bo care
I'nlly preaervid iiinoug tho archlvos of
tho usFoclatliiii, niul wlth them aro to bo
put photriRT.'iphs of tho liulles niul gen
tlenion tho Hollywood Momoilal Associa?
tion hplds lti mic-li lovlng and royorent
FOR MEMORIAL TO
(lly AB-iiirltlod I'rciin.1
WIASIHNGTON, !?? C, Fohruury ;'.
lu rospoiu'c to tlio uipeal mado yoKloiday
for subbcrliitloiis |o iho proposed moiiiru
Inl to Thonius Jofferwn as tbo nntlior
of lliu Uei.'lurutloil nf llldopondoiH'i', Ad
nihciil Qewoy to-dny rooe|vp<j <\\e tpst
subsoripMou to tlio iy^OQt,
Sent to Jail With Nursing In
fant at Her Breast.
He Was Shot by Owner of Store and
Borne to Jail on a Stretcher?The
Mother Also in Jail on Another
Charge of Burglary.
(Speclnl to Tho Times-Dhpntcn.) .
SUFFOLK. ArA., February 2.?Charged
with housc-breaking and burglary, along
with her brother, who was dangerously
shot when caught In the act, Mrs. Jor
dan Plerce. of Drum Hill, N. C, yester?
day was thrown into the Gates county
(N. C.) jail to awalt trlal. AVlth Mrs.
Plerce was sent to prison her nursing
lnfant. Besldes all this her mother,
Mrs. Bradsbaw, though not arrested on
the same charge, was takenlnto custody,
accused of another burglary. The man
who was her companlon In crime, was
Babo Bradsliaw, a brother, who wns
taken to Jail on a wagon-borne stretoher.
Johnson Parker is a rnerohant at Druiri
Hill. For some weeks he had been miss
ing ? mercliandlse from his store. and
peculatlons were so regular and ln such
proportlons that Parker set about to
know where his stuff wns gotng, for
there was no indlcatloii that entrances
by vlolence had been made.
Saturday nlght I'arket?closed- up early
and drove a,way In his carrlnge. After
drivlng a short dlstance ho left the team
at a nelghbor's and came back to the
storo on foot. Golng insldo he began a
Soon they" came. AAlth a false or skel
eton koy T^io stora door was opened,
The woman came llrst, then her brother,
Mr. Parker began to think lt was 'mo
-to do somethlng. The man inade a
break for freodoni, tho woman sotight
the secrecy ou the imderslde of a counter.
A chargo of gunshot was sent after
Bradshaw, and his nether llmbs were
badly perforated. The woman was not
It is said the mother of the couple Is
charged with taklng things from tho
storo of Mr. Cross.
The trlals will como up at the next
term of the Superior Court.
IN SUPREME COURT
Justice Holmes Discourses in a Learned
Manner on Art in an Important
CBy Assoclatod Press.1
AVASHINGTON D. C, Fobruary 2,-1 n
an oplnlon handod down by Juatlco
Holmes the Unitod States Supremo Court
to-day doclded that cliromo llthogrophlc
poslers of a clrcus aro properly protected
by tho copyrlght law. ln tho course of
his oplnlon Justlco Holmes suld tho bal
let ls as lc-gltlmate a subject of illustra
tlou ns any other.
The oplnlon rovorsed tho lliullngs of tho
Circult Court of Appeals for tho Slxth
Qireult, Tho caso was thnt of Blelhuteln
vs, DoimUlson, and was brought to pre
vt-nt tlie inf.-lugumoiit of copyrlght,
Justlces ilarlan and MqKehna dlssente'd.
Copies of tlio postors were exhlblted by
ln tho coilrse of liis oplnlon Justice
Holmes quo'ted Huskln ns lo the niorits of
lltliographs und snld: "Tho Conatltutlon
does not Unilt protoctlon to that which
satlsnQS. Irnniedliilo bodlly neods. Evon If
the plctures had been diawn from1 llfo
that fact would not dcprlvo them of pio
tectlon, Tlio oppoulto oplnloii would mean
that a portralt by Vosqu'ez or Whlstler
wns common property because others
mlght try their liuiid on tlie siunc face,
Others aro froe to copy tho prlginnlp!
they nre not I'reo to copy tho copy. Tho
copy is tlio pet'Hotml reactlcm of nn linll
vUlunl upon nutiire. Persoriajity always
coiiliilnn Homethliig unlqiio, Tlio lonst
pretentlous plcturo Iuih moro orlginnllty
ln lt than dlreotorles nnd tho llko, which
riiuy ho copyrlghted. A plcturo |b none
tho less 111 plcturp and tiotio tho |e*n a
bllbjoot of cupy right, even lf 11 la used for
an ndvertlscnient. PJoturos .may bo usoil
to ndvertlso sunp or. tlio theatro or tho
monthly niagatliua, aa they ?re; thoy may
tilso be used to u'dvortlso a clrcus, Of
i-( UfBO, the balli'l Is as Icgllimnto n. sllb
jt-et for Uliistriitloii as uny other. a rulo
ciwinot bo liiid down tlmt would excom
ir.uiilcatu tliu puliitlugs ot' Bcgas.i'
Tho caso orlglnatod In Covihg/on, Ky.,
nnd was llrst trle-rl lu tho 1-Vilolnl Olroult
Court in that city. Tlio 11/6'igraphs ln
ciueBtloii werg u,suu to ndvep^je a ciruue.
IS SENT TO
Bowen Rejects Proposi
tion Point Blank.
IS WRONG IN ITS
Would Be Contrary to Every
Ethlc of Civilization.
MAY BE SUBMITTED
TO HAGUE TRIBUNAL
The Allled Powers Proposed That They
be Given Two Thirds of the Duty
Levied on Venezuela for Payment
of Her Debts and That Other
, Other Third
(By Asaoclatcd PrM?.)
WASHINGTON, D. C, Fobruary 2.?
Herbert W. Bowen. representatlve
of Venezuela In the negotlatlons
a?t Washlngton for a settlement of
the clalms against this ooun
bassador hero wliat amounLs practically
txn an ultlmatum to the allled powers
of Great Brltaln, Germany and Italy
regardlng thoir lnslsitence for preferen
tlal treatmewt ln tho settlement of their
clalms against Venezuela. This note.
-which the Brltlsh Ambassador received
shoTtly before 9 o'clock to-nlght, wns
cabled at onco to London, coples of lt
being transmltted to tho Itallan and Ger?
man Embassles for transmlsslon to Romo
and Berlln. It ls In reply to the propo?
sltlon submitted at a Jolnt conferenco
of tho negotlators this afternoon by
tho Brltlsh Ambn^sador that tho allled
powers be allowcd two-thlrds of thlrty
per cent. of the eustoms rocelpts ot the
ports of Laguayra nnd Porto Cabella,
and that the Unlted States and tho other
claimnnt natlons, Prance, Belgium. Hol
land, Denmark, Spaln and Norway nnd
Sweden content tliemsolves -wlth the re
malnlng third of this percentage, that Is
ten per cent. of tho recelpts of these
REFUSES POINT BLVNK.
In the note received by the Brltlsh
Ambassador from Mr. Bowen to-nlght
the latter refuses polnt blank to accept
tho proposltlon for a twe>,*y and ten per
cent. dlvislon on the ground that to
recognlze the prlnciple lt embodles would
he absolutely offenslve to modern civiliz?
ln view of the fact that the nogotlators
are agreed on nll save the ciuestlon of
preferentlal trcmitinent, tho Ambassador
is Informed that Venezuela has declded
to suhmlt that question to Tho Hague
Arbltration TrihunaJ. This proposltlon,
Venezuela contends, carrles with It a
rallslng of the blackado wlth the gen?
eral understandlng that the blockade
would end when the negotlators at Wosh
ington had rcached an algroement.
It is understood that In refuslng the last
proposltlon submitted by the Brltlsh am?
bassador on behalf of the nllles Mr. Bow?
en takes tho posltlon that he cannot ac?
cept ln prlnclplo tho contentlon that
blockades and bombardment and conse
qjieht kllllng of helpless men, women
and chlldren entltles any power, or alll
ance of powers, to preferentlal treatment
at tho liiuiiis of a clvlllzed nation. lt Is
clalmed that should tho peaco powers and
tho blockadlng powers ngieo to such a
piinclplo they would lnoorpornto In tho
law of natlons a doctrlno In confllct with
all modern cthlos. Moreover, Venezuela,
it ls stated, regards tho preferentlal de
tnand of the Powers as objectlonnble, as
lt woml ennble tho cohtlnuance ot the
trlplo nlllance of Great Brltaln, Germany
and Italy for a perlod ot slx years or
longcr, and Venezuela would be encourag
lng and nbottlng tho malntenanco ot a
hostnllo alllnnco against herself.
Tho Brltlsh ambassador ls Informed In
(Conllmied on Second Page.)
OLD MAN K1LLED
George A. Rhodes of Roanoke
Kicked by His Horse and
His SKull Fractured.
(Snpclul to Tlie TIaie?Ul?|uitcli)
ROANOKE, VA.. Fobruary 2.?George
A. Rhodes, an old cltizen, wns found
dead ln his stiiblo this mornlng by hls
. wlfo. Ile went out early, us was his cus
toni, to feod his horuo and oolts and
mllk tho cows, Whllo engaged ln mllU
Ing a cow, iho horse kicked him ln the
buok of his hend nnd crushed hla skull.
Ho fell over, niul tlie horse tramplod on
hla forehond, leavlng nmrk of tho hoof.
Not returning, his wlfo went out tr
soo what wus tho matter, and found him
deiid. Thero wns somo talk of foul, play,
but It was plain thnt bu had niet'duath
as abovo stated. Tho docoased was n
mitlvo of Angusta, nnd was slxty-fc.ur
yoars old to-day. He waa a gallant
CimfederaloW tioldlur, liavhig served
through tlio'ontlro wur, nnd waa wvuntled
Whon tho body of Ithodes was llrst
found thoro was somo susplulon that ho
had been murdored, lmt at S o'clock this
mornlng Deluotlvo Grlillu mado a thur
oiigh Invostlgniiou nnd Ooroner Lewia
ducldcd that death was undoubtedly afl
oldontal. To-nlght Mr. Johnson, son-ln
Inw of tho doceased, suys It la posslbie
lluit Mr. Rhodes was sliockod wlth pa
nilyala und fell under tlio horse's haofs.
Tho fnmlly nro satlsllodi thnt It was ac
clricntnl. and that po|le9 havo glvon up
tho idea of its being murder.
Investigation is Killed by
THE FRANCHISE OF
Unique Questlon Wa^
Ralsed Last Nlght
THE CITY TUG IS TO
REMAIN IN SERVICE
Tho Councii Declined to Concur in th?
Action of the Board of Aldermen
Retiri ng tHe Thomas Cu n ningham,
Sr?Mr. Thomas Hicks Desired
to Resign, But Was Not Per
mitted to Do So.
AVlth aa little eeremony. aa posslbU
and ln less tlmo thaa It takes?to teli
the Common Council, for the thlrd tlm*
within as many months, last nlght rc
fused to concur with the Board of AU
dermen in regard to a special investlgat-'
Ing committee to inquire into certain al.
leged corruptlon ln the city, and.it may
now be truthfully stated. that all at
tcnipts along this llne aro dead.
Tho action of the Council last niglvl
was the most critel jab ot all that haj
been given tho Board, for by lt the lowei
branch refused absolutely to even s*
much as permlt their senlora, the stald
Board members, to lnvestlgate them<
And lt was all done so qulckly, s?
tieatly and bo quietly that many mem?
bers of tho Council, some of whom have
always bcea bltterly opposed, to the in?
vestigation, did not reallze what they
had voted on until after tha presldentr
had announced the result.
ITS FORAl DIFF/FJRENT.
The wordlng of the resolutlon. whlcb
was last nlght killed. was qulot dlffcrenl
from that contalned in any of i.he pre
vious resolutlons, but tho Intent nnd Jlna,'
result of Its passage would have been
practlcally the same. lt requested th?
City Attorney to prepare such an amend?
ment to tho charter as would give to a
commltteo of cither branch powers eq.ua,
to those now onjoyed by a Jolnt conv:
Such an iimendmciit was desired bj
tho Board that a commibtee from that-:
branch mlght have power to summons
witnesses and compel them to testlfy In
a special Investigation. which they pro- ??
posed holdlng for the purpose of aseer-,
talnlng certain rumors ln regard to mu
AVhon the resolutlon was read last
nlght the Cbuiicil members were busily
engaged, ln conversation with each other,
and few, lf any, were n.ware what tho
clerk was readlng. AVhen tho paper had
been flnished tho president sald, as ls hl?
custom, that the resolutlon was on ila
passage. and that those favorlng con
currcnce would- voto oye and those op?
Only a few weak volces crled aye.
whllo thero was a chorus of noes. The
resolutlon ,was 'declared ,lost. but Mr.
Crenshaw called for a dlvlsion. His rao
tlon was not entertained, os the vota
had been announced and ho had failed
to arlse from" his seat, as the rules .e
oulre. when he made tlie motlon.
THE SOUTHERN RAIBAVAY.
It developcd at the meeting last night
that thero Is a strong belief to tho effect
that tho Southern Rallway has no right
to enter the city of Richmond. and that
tho frnnchtsos under which thoy aro sup
posed to bo oporatlng were repealed a,
year or moro ago. It further developed
that under the now Constitutlon lt ls im
posslblo for the city to grant freo of
charge to tho Southorn Rallway any
franchlso In Richmond, the law stat
Ing plalnly that all frnnchlses shall b?
put up at auction and sold to the hlgh-.
est bldder. J"
A NEAV FRANCHISE. j
Tho pecullor condition of affairs Btirv
ni-.indlng tho Southern was brought to
light by nn ordlnanco from tho Board of
Aldermen, recommended by tho Commlt?
teo on Streets, which waa brought up for
cpneurrence. Tho glst of the measure
was to glvo to tho Southorn Rallway the
right to malntain Its niain Uno and spur
tiacks In tho city, being nothing more
nor less than a now franchlso, tha former
right of way undor which tho concern
has been operntlng having been repealed
over a yonr ago. t
Tlio ordlnanco was placed on Its paa*
sage on motlon of Mr. Peters. subchalr
man of tbe Streot Committee. He eald
that lt was In tho regular form and tha.t
tho matter had boun luvestlgated thor.
oughly by both tho Board and the com.
mltteo. lt was Important that tho con
cosslon bo grautcd, sald he, as lt gave
tho company no addltlonal rlsllts and
wns a mere matter of form.
When Mr. Peters took his seat Sir. Bl
Iett oroso to opposa the nicasura. Ho
uigod that. tho matter bo held up, pend?
ing further investigation.
BPRANO A SCIRPRISE.
It'remalned t'or Mr. Pollock, however,
to spring tho surprlso of tho evening.
"The now Conatltutlon," ho suld, "pialn
ly states tliat no franchlsc-jt shall 11
glvon iiway by tho city, and I am strong
ly of the belief Uliat thla Council cannot
pass tlil.-i ordlnanco. Thosa rlghts should
be put up at auction and aohl to the hlgU>
ost b'.dder, aH tlie law requlres."
Then on niotkm of Mr. Pollock the mat
ler wiii luld on tho tabla to -bo printed
niiil considerod at a future meeting.
A year or more ago tho franchlses un?
der whloh tho Southorn had been opera.
tlng were repealed, leavlng the company
wlthout a right to eutor thlij oity, and
lho ordlnanco that was tabled last nbilit
wns svtnply u franchlso in lleu of the on?
repealed, Blnco the old franchlso wua de
clared null aml vold, however, the Con
stltutlotial Conventlon has declared, t\m\
all iranehUo* shall bo put up at auction
Probably for tho fir?t tlmo ln the lil*.
tory of tha U>Uj?, lho Council roluaod 14