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THE DAILY PRE88 It the only newspaper In Newport News that receives full Asso? ciated Press report. VOL. XII. NO. 4 TRYING TO OUST MAYOR M'GLELLAN Attorney General Jackson o! New York State Begins a most Remarkable Action. MAKES THE STATE THE PLAINTIFF Thin Latest Move of the Hearst Peo? ple Will Not Cost Them a Cent, But Will Saddle on the Common? wealth, and Expense of $200,000? Jackson Scored. (P.y Associated Press). : NEW YOitK, Jon. 7.?Attorney General Jackson, on behalf of the people of the State of New York to? day entered suit in the Supremo Court against George H. McClcllnn. praying that the hitter be ousted from the of? fice of mayor of the city of New York on the ground Unit he bnr. usurp? ed and unlawfully holds such office whereas William Randolph Hearst is legally entitled to the same. It is stated that this new proceed? ing lias nothing to do with the quo wnrranto nction which last week was temporarily enjoined nt the applica? tion of Mayor McClellan. A copy of the summons and com? plaint In the nction were served upon Mayor McClellan at the City Hall tins morning by Deputy Attorney General Deford.' One difference between this new action and those that have pro? ceeded it Is that' It is brought in the name of the State of New York, whereas the other was in the name of Mr. Hearst. L. Richards Jr., Mayor McClellan's counsel, Issued a statement outlining the Mayor's position regarding the Jackson suit. The statement declnres that the Mayor is Justified in holding to the office and the Attorney Gener? al is "so careless of his dignity; so reckless of his conduct; so con? temptuous of law." It also scores Mr. Jackson for "sad? dling upon the state an expense in ills efforts to defend Mr. Hearst." An expense of $200,000. which is the esti? mate of the cost of the quo warranto proceedinggs "in the orderly course of justice," says the statement, is nn outrnge." "A suit against Ma'ytt McClellan to test, the title to his office, ought not in reason and justice or be brought. This decision was arrived at by the Republican Attorney General after a most careful inquiry. At the request of the succeeding Attorney General Mr. Hearst was asked to renew his application to have an action brought, which was done. Mayor McClellan asked the court whether the new At? torney General has power to reverse the decision of his predecessor on the same ."..cts. "The court has made an order and issued a writ of provision against the Attorney General forbidding him to determine the question involved, viz: whether lie has the power to reverse his predecessor and bring the suit. "The Attorney General Immediately thereafter determined that he did have power and has brought the suit | After the writ was served he imme? diately came to New York ami sought the counsel of Mr. Hearst and of his attorneys. They advised a de? fiance of the court's writ. The Attor? ney General forsook the dignity of Iiis office and of his own autonomy, violated his oath of office to maintain the law, and. inaugurated a reign of riot. "What hope of justice does there remain to any litigant, let alone the mnyor of our city, when the chief law officer of the state in his first import? ant net, overrides the authority of the courts?" MANY WOMEN ATI END GOOD MURDER TRAIL People in Luray Find Much to Inter? est Them in the Trial of Miss Stroop's Slayer. LTJRAY, VA.. Jan. 7.?The trial of Charles Good, for the murder of Miss Fannie St.roop in this county last No? vember, began in the Circuit Court here today. The prisoner's mother, a woman about C5 years old, is by his side. Good's ruddy, complexion has given wny to the prison palor. He is np ' parently about 25 years old. His ap? pearance is anything but preposses? sing. Ho has a sandy beard, promi? nent chin and long blnck hair, which Is kept well combed and parted In the middle. He seems to bo one of the least concerned In the vast crowd. Many women are attending the trial. WILL ENFORCE BLUE LAWS. Prosecutor at Wllllmantlc Overlooked Violations. But Warns for the Future. PLAINFIELD. CONN., Jan. 7.?Ow? ing to contracts here with publishers for Sunday newspapers, the blue laws NEWP( wore not enforced in Wllllmantlc to? day, but the prosecutor has uotlfieii all niorehunts, news dealers and rail? road men that next Sunday the blue laws against any kind of labor or business will be enforced to tho let? ter. Other towns are Interested. The recent conviction of a judge for watch? ing a man paper a room on Sunday, nlso of another man for working in a paper mill on Sunday, and rumors that at least u dozen grand juries in different towns have complaints against Sunday workers In factories, have caused a sensation. It Is thought a strict enforcement of the blue laws at this time will cause their repeal by the incoming Legislature. Boys Missing; Hats in Canal. PORTSMOUTH, VA.j .Ian. 7.?Ef? forts are being made today to re? cover the bodies or George Williams, aged twenty-live, and David and Pec ry Arnold, youths, believed to have been drowned in the Dismal Swamp Canal late Saturday night. Their hats were floating In the caual yes? terday. INCINERATED IN A BURNING SCHOOL HOUSE Threats Had Been Made to Destroy Building and Man Who Lost His Life Was on Guard. (Special to theDaily Press). RICHMOND, VA.. .Ian. 7.?The pub He school huilding at Shooting Cre> in the long branch scnoul district of Franklin county, was burned to tho ground last night. Thomas Lemon, n young white man, was cremated In the building. He was sleeping in (he school house, und has not been seen or heard of since. The building was located In a wild i and lawless district and threats had | been made more than once to burn the building because? the teachor, Is-1 aac Lemon, was unpopular. Thomas j Lemon was sleeping in the building as a guard. The school house at Ottar Creek, I near Shooting Creek was recently i burned, and not long ago n fine barn | of C. T. Snead, together with all his! live stock, was burned In that neigh-1 borhood. There is no clue to tue Identity of tne perpetrators of the outrage. MOTHER AND CHILDREN RUN DOWN BY HORSES Baby Crushed to Death by Maddened Horses and Four Others Fatally Injured. (riy Associated Press). NEW YORK. .Ian. 7.?A runaway team dashed Into a crowd at a First avenue crossing tonight, killing a baby in its carriage and so Injuring the child's mother and three other children that they cat, hardly survive heavy truck turned Into the avenue. Mrs. Minnie Klappel pusning a car? riage occupied by her 1C months old boy, Sidney, and with another son, Harry, aged four, and a daughter j.... lie, C years, on tho other side, started for the opposite curb. v> ith them were Frank and Frederick Leachman, seven years old. The woman saw their peril nnu made frantic effort to get hor children back to the cur.? Only Millie escaped. The baby was crushed to death while Mrs. Klappel and the other three children were trampled upon and frightfully Injur? ed. They were Internally wounded. Alexander Tagget, tho driver, who is nllcged to have left nis horses In the ? street was arrested. He was charged with homicide after ho had been dragged through a tnreatening crowd to a police station. NO RAISE YET FOR SOUTHERN EMPLOYEES Conference Between Officials and Employees Held in Washington Adjourns for Two Weeks. (By Associated Press.) WASHINGTON. D. C. Jan. 7.? No definite decision was reached at the conference between officials of the Southern railway and the conductors and trainmen which was in progress for several days. The men asked for an Increase of wages of from ten to twenty per cent and the adjustment of some minor griev? ances. The conference was conducted in a perfectly friendly manner and the various questions raised were thresh? ed over so far as was possible In the time consumncd. Finally a decision was reached to defer a definite determination of the ques? tions until a subsequent time, as both the members of the commit? tee and the oilicinls were needed at their stations. In a week or ten days another conference will be held at which it Is said, a solution of the problem presented will be reached. Tri-State In Organized Ball. (By Associated Press). CINCINNATI. OHIO, Jan. 7.?It was agreed by the Nntlonal Bnscbuo Commission today to extend the na? tional agreement and admit the Tri State league to class B. The agree? ment provides that all players who jumped contracts and are on the inel? igible list of the national commission ?hall remain In the Trl-Stnte league. August Hermann was re-eiected chair? man of the National Commission and John P. Bruce secretary. )RT NEWS, VA., TU! STRIKERS APPLY TORCH TO FACTORIES - Several Towns in the State of Vera Cruz, Mexico, in the Hands o! Rioters. STERN MEASURES USED BY TROOPS Two Regiments Sent from the City of Mexico and Though Details Are Lacking, It is Believed That the Strikers Have Been Subdued by the Bayonet. (By Associated Press). CITY OP MEXICO; Jan, 7.?A spe? cial train carrying two regiments of soldiers lias just left for Orizaba. Vera Crux. Strikers in tho-local factories have burned the company store to the ground nnd it Is snlil are threatening to destroy tho mill. The property is owned by A. Gar ctn, a citizen of Prance. It was thought' thnt the textile strike had been amicably Bottled through the in? tervention of President Illnz and Vlco-Presldenl Corral, but It appears that a number of men are dissatisfied with the terms. Orizaba Is about for? ty miles southeast of the City of Mex? ico, nnd Is one of the Important towns of the state of Vera Cruz. ' In u despatch late tonight from a private? source received by the Asso? ciated Press, the statement was made that a condition of chaos existed at Rio Blanco, Nogales and Santa "Ttosa mills In the stale of Vera Cruz, where workers have been on n strike. The telom-ani states that the strikers were applying the torch to the factory owners' property and robbing pawn shops. The troops, which arrived from the canltol, the doBpateh added, had succeeded In pacifying the men In part by employing Btern measures. BARBERS ORGANIZED. Officers Elected By New Local L'n Ion Last Night. The journroynien barbers of New? port News held a meeting last nipuf and organized a union. The fol? lowing officers were chosen: President-C. F. Krause. Vice President?W. P. Cross. Corresponding and Financial Se? cretary?lingo Yncabl. Trustees?A. Corbott, O. Bullman and A. Peltz. Guide?Frank Pecona. MERCHANTS WANT TO NAME NEW ALDERMAN Committees Appointed to Walt Upon Messrs. Robinson and Nelms. Tho Merchants Association held a special meeting' last night nnd appointed committees to look Into the matter of having Kx-Aldermnn P. J. Mugler's &eat filled by a man to be named by that body. Messrs. Alex Meyers, G. W. Burcn er, A. T. Moore and Abe Horwitz were appointed to wait upon Alder? man E. W. Robinson, or the first ward, to ascertain whether or n? he will nominate a candidate to bo solected by the merchnnts. Messrs. J. H. Burcher, R. H. Harvey and .lohn R. Morton were appointed to call upon Mr. C. G. Nelm^, who has been nominated by Mr Robinson, and ask him whether or not he will withdraw from the field in favor of one of the association members. Tho merchants arc anxious to bo represented on the board, claiming that they are entitled to at least one member In the two branches. Mr. John R. Morton, who was first mentioned in connection with the race, hag stated that, he will not accept the office and another can? didate will be named when the committees have reported. Schooner Given Up As Lost. (By Associated Presa). NEWPORT. R. I., Jan. 7.?The schooner Henry Sutton, of Newport, which sailed from Chevor, N. S., Oct. 31st. for Baltimore, with a cargo of lumber, before reported missing, has been given up a3 lost with all on board. The Sutton carried a crew of six men nnd was commanded by Cap thin Sole. The vesso was of C02 gross tonnage. Bishop Duncan Very III. (By Associated Press). SPARTANBURG. S. C, Jan. 7.? Bishop W. W. Duncan, of the Meth? odist Episcopal church, whose home is in this city is very 111, and mem? bers of his family are greatly alarm? ed. He Ib suffering from general breakdown and has undergone an op? eration for a carbuncle. Marshal Killed by Negro. COLUMBUS. OA., Jan. 7.?Kawart Carter, marshal of Hlchlond. On., was shot and instantly killed , by nn un? known negro last night. Carter was endeavoring to nrrost the negro. ^^^^^^^^^^^^^ SSD^frY, JANUARY 8, ! TALK NEGRO TROOPS The Viakciiuselts Senator Says j lue Fad Is Proved and Law |:ls With President. POwS AS CDMMOEII III CEF ; : .. - The Ohio Man Challenges the Presl dent oj' His Champions to Show One Case Which Is a Precedent?For ak^jt- W?jl Talk Again on tho Sub? ject Tomorrow. nfi - -,iBv "Associated ProsB.i WAS|HINTON. I). C. .Ian. V.?Pres? ident Roosevelt's dismissal <.f the no Rio troops was again Hm subject or contentions In the Senate- today and Indications point to a protracted de? hnte before aiiy oi the pending roan lutlonn; Wi tbo subject arc? voted on. The fehllerles of the Senate wen? crowdj?d.Vnnd the debate was llBlened to with Abe closest attention by an un? usually'.-: large number or Senator?. SonntorjLodge delivered a new phase of thaAfjueflllon by presenting n reso? lution* prodding tor an Investigation of the /'affray" at Brownsville and conceding the authority of the Presi? dent tp-tflke the action he did. Thlu reHolujlr)jh , wan supported by Mr. Lodge, in* an address and opposed by Mr. ForakoY. who followed and spoke* until t>:?o o'clock, giving notice that he would continue tomorrow. Mr. tLodge said In )inrt: "Two questions are here involved, a quen tlon of : fact and a question of law. They are entirely distinct, they ought I to J>o-entiled separately and neither] should.bo jiermitted to cloud or ou scuro the other In the public mind. '?rii< ^nuoBtlon of fact may bo stat? ed' lir^tnttf-way. There was shootlug in the streets of Brownsville on tue night of August 13. ,ufl(i. houses were fired into, one man was killed and I the lieutenant of police had his borne shot from under him and was so bo veroly wounded In the arm Hint nm I put a lion was necessary. These facts are not disputed by anyone. "The President, the Secretary of War and the officers of the army de? tailed to Inquire Into the affair navel made affidavit that the shooting was | done by the soldiers from Kort Brown , and furnished testimony to sustain their opinion. The Constitution league, representing the soldiers, deny j that, the shooting was done by them \ and aBHert that, it was done by tho citizens of Brownsville, disguised in ' cast off uniforms of the troops and provided with exploded shells from the gun rnnges, who committed this outrage for the purpose of casting odium on tho troops of Fort Brown. One of these two positions must bo proved for genernl negations are of no use here. It. will bo tho duty of the committee under this resolution to take nil possible testimony and do i cldo whether this shooting was done I by tho soldiers or by citizens of nmwnsville. This Is the question of fact. The Question of Law. "The question of law .'k whether the President in dismissing those compa? nies without honor exceeded his pow prs under law nnd the constitution This question can be settled by the Senate just as well now. and I think better, than at any other time with? out tho least regard to the commit? tee. It is purely a question of law and I think it ought to be detached from tho question of fact nnd settled at oneo, because I thing that confus? ing one question with another has al? ready done harm, towards justice and will crente great delay and prevent prompt action. The constitution makes tthe President commander in chief of the armv nnd navy of tho United States and Congress Is given authority to make rules for the gov? ernment and the regulation of the army and navy. In the fifth amend? ment of Ihe constitution the land nnd naval forces are executed from the rights guaranteed to all persona who are held to answer for n capital or nny infamous crime. It nppears thnt the soldiers and sailors were recog? nized as being subject to a law dif? ferent from thnt administered in tho civil cotirts. In making the President commander in chief the constitution conferred upon him all the power and authority ordinarily exercised by Ihe commander In chief under tho mili? tary laws of the times. Tho principle of the "mutiny act" nnd the articles of war adopted by Kngland were in the main adopted by us nt the time of the revolution and which may be found embodied In the articles of war which are now a Statute of the United States. Rights of Commander In Chief. "The commander in chief has the right, inherent in his office to punish or discharge except so far as it Is limited or rocnlnted by tho law mak lng power which has ennetcd the ar? ticles of war. There can bo no doubt whatever that the power of summary dismissal was inherent in the office 1907. of commander in chief whon Hie President wan invested by tho conatl tutlon will) Hint office und Utero has never boon nny attempt on the purl of Congress to prevent or Interfere witli llu> exorcise of tili? uutliorlty. The power of Bunintnry dismissal niuHt rest where It always rontod. .1 Is Impossible to conceive of maintain lug an army on any other principle. If a soldier cannot he separated from the service except by being convicted of crime on evidence which would satisfy n Jury In a civil case thorn Is no possibility of maintaining military discipline. "The power to dismiss or terminate ilie ciintract of enlistment Is absolute? ly ossentlnl to the maintenance of an army. In fact Ihe principle runs through all business and BOOloty, The law. the constitution, the statutes and flic uniform practices are so clear as to the right of the President to torml; mile ihn contract tlint It hcoiiib n waste of words to anyone who has read the statutes to argue II at all." Foraknr Talks Some More. Mr. Fornkor replied vigorously to Mr. Lodge's speech Inking Issue with tho Massachusetts Senator on both the points as lo law nnd fact. Ho declared (but liiere Is no autocratic! nnd unrestrained power In this coun? try, "not even In the commander in ohlOf of the nrniy." Mr. Fornker con? tended Mint the power of the PtobI dent must be deduced from the con? stitution of the United Slutoa. The power of tho President derived from Congress wan IiIb legal power, it was pot. lie said, necessary to go to Rrlt Isli precedents to ascertain this newer, as the Supremo Court of the United Slates had RDokoH on the sub? ject many times nnd always had said Rimnly It wns the president's power to "command." Mr. Forakor emphasized ills posi? tion that if Congress hnd spokoy^ on any Biibject relative to nrmy regula? tions, there was no room for the oxer, else of any power to tho contrary on tho part fif tln> President. On mat? ters of regulation on which Congrons had not spoken the constitution gave the power to make necesBtiry regula? tions. Mr. Forakor maintained that tho officials of tho War Department nnd tho Department of Justice bad escaped themselves from denying that the affray nt Brownsville was a enso covered by the articles of war by the order that was given to Commander of the Department of Toxhb to prefer chtireos against till members of the companies involved. The Senator hnd procured copies of thoBO charges and ho then placed them In tho record. Mr. Fornkor challenged anyone to Bhow a slni.'le instance whore a man lias lieon discharged from tho army without honor when thnt man hnB been charged with crime and where he protested against so being dlsclinrg ed. "Is tlie President of tho United RtatoB over nnd above tho law? Cnn ho ignore It?" ho naked. MAKING MmTmiSKEV IN OLD DOMINION Reports Show Increase In Manufac? ture In Thia State of Over 25 per Cent?Business Still Growing. BRISTOL, VA.. < Jan. 7.?Reports for the six months ending Doccmber 31, 1900, indicate that the total receipts from the manufacture nnd isnle of liquor in the sixty-seven Virginia counties, comprising Col? lector Summer's district for the fls nil year which will end July 1, 190V,'| will nggregate tho stupendous sum of $2,000,000. I While sixty-seven counties nrc em-1 braced in Collector Summer's dis? trict, tho larger cities of tho Stale, I Including Richmond, Norfolk, Lyn loh burg, Danville are in tho other district, and the receipt*; of the other ofllce will be equally large if no! larger than those of the efficient Abingdon. These figures will Bhow an tn croaso of over 25 per cont over tlie receipts for tho flscnl year, which ended July 1. 190?, and Col? lector Summers stnted In Bristol that, lie believed that twonty-fivo per cent more whiskey would be manufactured In Virginia this fiscal year than ever before In the history of the State. Tho receipts for the last fiscal year wore approximately ?1,400.1100, which will be exceeded this year by SCOO.OOO or more. Bride of Six Weeks Drops Dead. (Bv Associated Pres?.) PETERSBURG, VA., .Inn. 7?Mrs. Dora Bonhnm, bride of six weeks, dropped dead last night ns she was about to embrace her motlior, after returning from the honeymoon, The physician, who was summoned, said iheart failure had caused Instant death. Caot. Macklin's Assailant Arrested. (Bv Associated Press.) OKLAHOMA CITY, Jan. 7.?A telephone message from the flherlffs office at El Reno today reporton I that a negro soldier of Company A j Twenty-fifth Infantry (colored), is now untfar arrest at Fort Reno, charged with the assault on Captain Edgar A. Macklin, December 21st. No Hope For Terry McGovern. STAMr-wltD, CONN.. Jan. 7. "There is no hope for Terry McGov? ern. He Is dead mentally now, and It will not bo long before be Is d^au physically," said Dr. Glvens, of the GIvcns ?Snnitariutn, today. The lit ito fighter's expenses? at the sani? tarium are SI 40 a month, nnd are being paid by Sam Harris, Iiis form? er manager. THE WEATHER. Partly cloudy Tues? day, rain and colder In extreme north por? tion: Wednesday fair, colder; variable winds ?ee^ie?*e-5>oe**?? PRICE TWO CENTS KILLED IN RGHV 3 MORTALLY WQUNDEO Pistol and Knife Fit In Apart? ment ot New York Manicurist Shrouded In Mystery. POLICE CAN ASCERTAIN NOTHING Not Known What Cauncd tho Fight Which Resulted In the Murder-? Ono of tho Wounded Mon, tne Proprietor of a Florist's Shop Held as a Wiltnosa. (By Anaoclntod Press.) NI3W YORK, .Ian. 7.?Mrs'. Lohn Woldman, n manicurist wllh nn establishment In Iho Hotel F.ndl cotl aj Seventy-first stroot und Co? lumbus nvenue, was shot und killed lit her apartment In West Thirty second til root tonight. iMrs. Wold matt, 'who was ;m yoara old. wan shot twloo through tho body nnd stubbed twice in tho nock. Paulino Itntell, twonly-flvo years old, an uu nlatunt to Mis. VVuldman In tho manicuring buBluens and who lived with her, was shot through the head and removed to a hut?j>lal. George Kalian, a florist, with a place of business at blight y-llrst street and Columbus avenue, re cilved a wound In (ho body am It Is Bald that he will die. An iinlndentllltid man, the fourth party, was cut about the thront. Kation was technically plncod under nri'OBt und charged wllh tho shoollng, but Ihe police at a late hour had been unable to learn but little ot tau origin of the trouble. PA YMENTOf $5<$G00,000 CANAL MONEY VALID Warren Wilson, the Chicago Lawyer, Beaten In the Highest Court In Long Suit. (By Associated Press.) WASHINGTON. 1). c. Jan. ~ ? That the action of the Secretary of Treasury in paying out JoO.OOO, U00 on account of tho puronnao or I'anatna canal property, to the Pan? ama Canal company of France, ob directed by the act of Congress of, 1902, was valid and regular wnn ofholnlty decided bv the Halted Stales Supreme Court today. Tho decision wns announced by Justice Brewer and was handed down In iho cane of Warren Wilson agnlnst Secretary Shaw. The caso was .m injunction suit by Mr. Wilson lo restrain the payment of tho mon ey and it originated In the local courts or the District or Columbia before tho .money had b?on paid. The decision or both the district ?Supremo Court and the district Court of Appeals wifj unfuvoniblu i i Mr. Wilson's contention that tho aft of Congiesa was tjiconntitutional, but neither these decisions nor tho fact that the Secretary had mndo tho payment as directed wns stir Iclent to dctor Mr. Wilson, who is a lawyer and a property holder.' residing in Chicago, and he prose cut oil the case to the court of hike result. lio argued his own caso before all the courts1, and when ho appeared beforo the Supreme Court ho held the attention of that tri? bunal Tor two hours. In his opinion, last lee Brewer says the United otale ^government has dominion and control over the canal zone and therefore has authority to appro? priate money io construct tho canal. Negro's Spectacular Death. RICHMOND, v"A., Jan. 7? Forty" feet above tho street level, on a gravelled roor, Joseph Hay-wood, 30 years old, met death in a spectacular form this morning about 8:15 o'clock. A lofty smoketttacg, \,is?o pounds in weight, sixty-five feet long, fortyslx by forty-eight InchcH in diameter, nnd made of iron sheet if a thickness of one-sixth of nn Inch, descended in a perpendicular line upon Haywood, throwing hint to the roof and practically decapitating him. Brownsville is Grateful. WASHINGTON, D. C. Jan. 7.~ President Roosevelt today received he official thanks of the Brownsville (Texas) Board of Trado for his dis? missal ol tho negro troops who, recently "shot up the town." John Banhon, secretary of the board, con? veyed the' mc"S.?>agc. Murdered In dames City County. W II. LI AUBURG, VA., Jan. ? .? Andrew Bradingham, a negro, waa murdered near his home. In Jnmea City county some time Friday night. The body was found lato Saturday and an inquest held by Justice Coleman Whltnker. The jury brought In a verdict to the effect that Brad? ingham had come to his death by a gunshot wound Inflicted by Peyton Ashloclt, the man last seen with tho victim.