The Montgomery advertiser. [volume], December 06, 1906, Image 1

About The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982

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VOLUME LXXVn.
MONTGOMERY, ALABAMA, THURSDAY, DECEMBER 6, 1906—TWELVE PAGES
NUMBER 340.
!
I
HAVE FLED
TO MOUNTAINS
— <
Town of Clifton is
Inundated.
• MANY LIVES ARE LOST
Fatalities Mostly Among Mexican
and Italian Laborers.
• —«
ShttNi I’rnoni Are Kioni To Hare
PeXshrd But Lhrt Will Prob
ably Be Larger—Comuinat
catloa Cut OS.
SOlomonvlile, Aria., Dec. 5.—As a re
sult of a thirty hours steady rain over
Southern Arizona, the mining town of
Clifton with *,000 population, ts swept
by a terrific flood and hundreds of peo-'
pie have fled to the mountains for
safety.
Owing to disabled wires details are
hard to obtain, but the known dead
reaches eighteen and will be doubtless
much larger. A large majority of the
population are Mexicans and Italians,
who live In squalid huts now Inundat
ed.
The town Is built In three sections.
Chase creek apd North and South Clif
ton. The catastrophe commenced with
the breaking of a big reservoir in the
mountains above, precipitating a vast
flood upon the Chsse Creek section.
The prlnolpal street is near the
stream and was completely destroyed.
It was there was the fatalities as the
flood came and engulfed the people
without warning. The dead are most
ly foreigner whose names cannot be
learned.
Two Americans are known to have
perished, one being cgught on a pile of
wreckage and drowned. North and
South Clifton are swept by the current
of the San Francisco river. A new
school building and scores of houses
are washed away,.
The railway bridge Is tottering. All
Information Is sent out from a tele
phone office surrounded by the water.
The great smelting works of the
Arlsona copper works were Inundated
and the companies loss will be heavy.
The Arisona and Mexican railway losa
also will be heavy Its shops and yards
were Inundated.
RIVER IS RECEDING.
No Further Damage at CltftOh Is Ap
prehended.
El Paso. ‘Tex.. Dec. 6 A special to
The Hertfld from Clifton. Aria., the
first authentic news out of that town
since the flood prostrated all the wires.
Is as follows:
The j-lvei* Is receding rapidly and the
weather has cleared, hence no further
damage is apprehended. The bodies
•v* grnra rstfr;.:—J from the wreck along
Chase Creek, but the number of deaths
cannot be told. Toe Throm, who was
rescued from the flood and whose wife
was lost, was taken to the hospital In
a serious condition, but will probably
recover. '
Three men were caught in the adt of
looting, and when thew refused to sur
render to officers, were shot and fa
tally wounded. The flood in Chase
Creek was caused by the breaking of
the dam of the Detroit Copper Com
pany. impounding a vast amount of
tailings, which ran down the creek
with a sevep-foot breast
Only one business house on Chase
Creek escaped damage, and many were
entirely destroyed. North Clifton wa#
badly wrecked. Nearly all of the resi
dences In that section were destroyed
or damaged.
The Coronado Railroad suffered dam
age aU the way from Clifton to Met
calf, and it will be several weeks be
fore the trains can pass over Its lines.
So many restaurants and hotels have
been destroyed that it Is almoA Im
possible to And a place to eat or sleep
In the town, but there will be no
shortage of provisions, as many stores
have escaped-the floods.
The railroad bridges are so badly
damaged that It will be Impossible to
cross for some time.
The Herald office and building was
swept away and The Era has been put
out of business for a couple of weeks,
Its building being flooded to a depth
of six feet and the plant greatly dam
aged.
GLOBE CRT OFF.
• No Railway Communication With Art
sona Town for Week.
Globe. Arls., Dec. 5.—All railroad
communication with this city Is cut off
for a week at least by the carrying
away o fthe bridge over the Glia River
near San Carlos.
Passengers and mall may be trans
ferred In a few days, but It may be
much longer before freight can arrive
here. The Old Dominion Company has
a three weeks' supply of fuel, but oth
er companies operating here may have
to close on account of shortage of oil.
It Is believed that there is enough of
fuel and provisions In the city to pre
vent any famine.
MURDER D AND ROBBED.
Brooklyn Man’s Death In Nashville not
Accidental.*
Nashville, Tenn., Dec. 6.—On the af
ternoon of Thanksgiving Day, the dead
body of William Ardley. aged 25, a
white man from Brooklyn, N. Y., was
found lying on the sidewalk of Fourth
Avenue, this city.
It was supposed that Ardley, while
intoxicated, fell down a stairway aril
was killed. The coroner's Jury investi
gated tire affair and returned a verdict
of accidental death, and Ardley's body
was sent to Brooklyn.
It has since developed that Ardley
was murderdl and robbed, and this
morning Atkins Harmon, 8am Taylor,
Arthur Morton and Grip Jones, white
men were arrested, charged with the
crime. It Is said Harmoh has confessed,
implicating the others._
Child Labor Regulation.
Washington, Dec. 6.--Senator Lodge
today introduced a bill designed to pre
vent the employment of child labor by
prohibiting interstate commerce in any
article in tho production of which a
child under 14 years of age has been
employed, and the prohibit! >n extends
to children under 16 years of age who
can not read and write. The violation
of the law is made a misdemeanor pun
ishable by fine of *500 and Imprison
ment for one year.
Coal Dealers Htdlefrd.
Danville. V», Dec. 5.—The Noell
inderson Manufacturing Company.
>henlx Lumber Company. F. I. Walker
,nd Company. Douthat-Rlddle Coal
Company and Douthat-Rlddle Company,
he leading coal and wood dealers of
>anvllle. were Indicted by the grand
Jury here today charged with forming
unlawful combinations to control the
prices of commodities in which they*
deal.
PREPAY INTEREST.
Secretary Shaw Glees Important No
tice to Federal Road Haiders.
Washington. Dec. 6—The Secretary
of the Treasury gave notice today to
the holders of United States bonds that
the interest maturing on the several
Interest dates, being and including
January 1 and May 1, 1907,'will b« pre
paid without rebate t>n and after De
cember 15, 1»0«.
Checks for the Interest due January
1, on registered bonds will be mailed
to the owners on or before the 15th
Inst. The amount of Interest which
may thus be prepaid Is nearly $12,000,
000.
In anticipating this payment. Secre
tary Shaw stated that he was Influ
enced by the fact that the treasury
collected surplus revenues amounting
to $7,000,000 In the month of Novem
ber and that the current month Is also
likely to be a month of surplus re
ceipts.
In December, 1908, the surplus re
ceipts were $5,600,000. The action ta
ken, therefore, releases for use in the
business of the country * sum practi
cally equal to the surplus receipts for
November and December. In the pres
ent activity of business, the Secretary
said he was unwilling to permit the
operations of his Department to aggra
vate present conditions in the money
market.
It was thought best to anticipate two
quarterly payments at one time, as In
this way, holders of registered bonds
will only be obliged to send the bonds
to the Treasury to be stamped once
instead of twice.
APPOINT RECEIVERS.
Atlanta Judge Issues Restraining Of
der to Insurance Company.
Atlanta, Ga., Dec. 5.—Judge Pendle
ton, in the Superior Court here today,
apolnted John/M. Slaton of Atlanta,
temporary receiver of the Atlanta and
Birmingham Insurance Company and
granted also a temporary Injunction
restraining that company and the Pru
dential Fire Insurance Company from
Interfering with or changing the status
of its assets, which were transferred
to the Prudential by the Atlanta-BIr
mlngham Company.
The case will be heard December 16.
The petition. Hied by the Provldence
Washlngton Insurance Company, The
American Insurance Company, O. W.
Carr & Co., of North Carolina, alleges
that the Atlanta-Btrmingham Company
Is Insolvent, as the result of losses sus
tained In the San Francisco disaster.
I ELEVATOR FELL.
Three Men are Killed and Oae Fatally
lajured.
Chambersburg, Pa., Dec. 6.—Three
men were killed and one fatally in
jured and five others severely hurt at
Waynesboro today by the fall of an.
elevator In the Gelser Manufacturing
Company’s shops.
Eleven men were on the life together
with a live-ton milling machine and
heavy truck, when a cable parted. The
men were dropped twenty-live feet
with the machinery into a pit, and
George Freeman, John Torson and
Larai1 Paplan were crushed to death.
Nicholas Bunson was fatally Injured.
FINLEY IS NAMED
BECOMES PRESIDENT OF THE
SOUTHERN RAILWAY.
Successor to the Lamented Samuel
Spencer Was Second Vice-Presi
dent of Company and r.sperl
euced Railroad Man.
New York, Dec. 6.—The directors of
the Southern Railway, today elected W.
W. Finley of Washington, president of
the company to suoceed the late Sam
uel .W. Spencer.
Mr. Finley has been second vice-pres
ident of the road since September lt>,
1896. He has been active in railway
work since 1875.
Prior to entering the service of the
Southern, Mr. Finley was second vice
president of the Great Northern Ral.
road; before that, he was third vice
president of the Southern Railway for
two years. He was chairman' of the
Southeastern Passenger Association at
Atlanta. Mr. Finley was at times asso
ciated With James J. Hill.
PELT IN ENGLAND.
Halted Kingdom Alan Haa Anti-Asiatic
Feeling.
London, Dec. 5.—President Roose
velt's declaration In his m3ssage to
Congress yesterday upon the treatment
accorded to Japanese In tho Ban Fran
cisco schools specially appeals to the
British at the present time because
both in South Africa and Australia a
anti-Asiatic, feeling has created embar
rassment for the emperlal authorities.
During the present week the home
government vetoed a "Tsanrvaal ordin
ance further restricting the privileges
of British Indians, even thovs long res
ident In the country, while quits re
cently, the government refused to ac
cept an Australian proffer of a prefer
ential tariff*’ provided the goods were
shipped In vessels not employing yel
low seamen.”
The newspapers here point out here
that the President’s remarks “convey a
lesson which might well be laid to
heart in other quarters than that to
which It is directly 'addressed.”
SERVING SENTENCES.
Cantoa Rubber Men Begin 1 heir One
• Year Terms.
Chicago, Dec. 5.—Robert Bradley,
president of the Canton Rubber Com
pany of Canton, fthio, and Edwin Da
vis, vice-president of .the same institu
tion, who were yesterday sentenced by
Judge Landis, In the United States Dis
trict Court, each to one year In the
house of correction, today began the
active service of their sentences.
William J. Oby, a former officer of
the compahy, whq entered a plea o'
guilty, at the same time as similar
pleas were made by Bradley and Davis,
was allowed to await his ser. ence until
March because of the 'll.ness of his
wife . He will also be Sirtenced to
serve one year.
Internal Revenue Receipts.
Washington, Dec. 5—The monthly
statement of the receipts from Inter
nal revenue sources shows that for the
month of October. 1906. the total col
lections wehe |24,82S,283, a gain over
October. 1905, of 12,500,994.
The receipt^ from the several source*
of revenue are given as follows: Spir
its. $15,238,955. increase, $1,736,904; to
bacco. $4,800,517, increase, $558,588;
fermented liquors $4,822,035, increase
$296,836; oleomargarine, $69,498. In
crease 28,936; adulterated butter, $400;
decrease $1,401; process or renovated
butter, $16,871, increase, $6,853; mis
cellaneous, $77,044; decrease, $35,773.
Negro Geld Respite.
Nashville; Tenn., Dec. S.—Governor
Cox has granted a respite of two weeks
to John B. 8mlth. colored, who was to
have been hanged in Knoxville today
for the murder of a woman with whom
he had been Intimate.
THREW ACID
AT DRIVERS
/
Method" Teamsters*
union*
* *oGER ON WITNESS STAND
♦ __
Caused Horses of Non-Union Men
to Bolt.
Wu Glvn HI* lastroctlons by Shea
Aa to Hew to Handle "Flaks”
—Scheme Worked Moat
Satisfactorily.
Chicago, Dec. B.—A startling expos
ure of the methods employed In the
teamsters' strike was given In the trial
of Cornelius P. Shea and his fellow
labor leaders before Judge Ball, In the
criminal court today, when Joseph
Schultz, alleged slugger, who with Al
bert Young turned State's evidence,
was on the stand as witness for the
State.
Schultz declared that Shea had told
him to break the legs and arms of the
strike-breakers and especially to at
tack the negroes. When this means
of bringing about desired results did
not work satisfactorily, Schailtz as
serted, that Shea ordered the hired
pickets to throw eggs filled with acids
at the horses being driven by non
union men. The acid throwers, accord
ing to Schultz, were responsible for
many runaways and were considered a
great aid in the fight against the em
ployers.
In referring^ to the eggs filled with
acids, Schultz said:
"Myself and other pickets were called
Into the picket headquarters and our
captain gave us a number of eggs.
The contents had been removed and
the shells filled with acids. Shea was
there and told us that if we carrfed
out the plan proposed It would create
a stir among the strike-breakers.
"Shea said that If this scheme was
not successful he had another In mind
that he believed would do the work.
"He said he had seen a man squirt
acid from a syringe at a team of horses
being driven by a non-union teamster
and that six policemen were unable to
stop the runaway that resulted in State
Street which was crowded with traf
fic at the time.
Hired by Sbea.
Schultz declared that he was former
ly a member of the truck drivers'
union and said he was hired by Shea
during the strike to act as a picket.
His work, he said, was done in the vi
cinity of the store of Montgomery,
Ward and Company.
■'I was hired by Shea," the witness
declared, “by the request of Timothy
Finn, a saloon keeper."
The witness declared that he re
ceived Instructions fr.om Finn and that
Finn told him not to allew any wagons
to deliver goods to Montgomery. Ward
and Company. He said that he Was
told by Finn to get “busy."
He said that he stopped about ten
wagons on one day.
Schultz testified that he received $2
per day while acting as a picket and
said that he worked In a squad of ten
men. He also testlged that he heard
Stephen ^umner, business agent of £
milk drivers' utvlon, who Is on trial 1
the present case, tell of how Sumner
had beaten up “a lot of Finks."
The witness was asked to define the
word "Fink." His efforts to do so
caused much laughter in the court.
Schultz declared that In labor circles
the meaning of the word was a non
union man who took the place of a
union man on strike
TRIAL OF COLUXI.
Turf Expert Will Fight Case te the
Limit.
New Orleans, Dec. 6.—The trial of
N. C. Collins, alias Harry Oates, who
was brought here from Chicago yester
day, and J. F. Barrett, who was as
sociated with Rollins In a "turf Invest
ment” company of Chicago, on a charge
of using the malls to defraud, was be
gun here today.
That the cjse will be a hard-fought
one was Indicated by the fact that the
defense exhausted their full quota of
peremptory of challenges before a Jury
was finally secured, late today.
Collins and Barrett were- Indicted in
May, 1904, and are alleged to have net
ted $60,000 In their scheme to secure
money to bet on New Orleans races on
"Inside information,” for which they
promised alluring returns to the In
vestors.
MODEL IS COMPLETED.
Sculptor Completes First Work ou His
Statue, “Reconciliation.”
Now York, Dec. B.—R. Hinton Perry
has finished the model for his bronze
statue, "Reconciliation,” which will be
erected at cost of about $75,000 under
the direction of the New York State
Monument Commission for. the battle
fields of Gettysburg and Chgttanooga.
Mr. Perry has been busy for more
than a year on this statue, which is to
commemorate the battle of Chattanooga
and will be erected on the summit of
Lookout Mountain.
The two figures in the composition
typify the reconciliation and reunited
country In the Blue and Gray shaking
hands under the flag of the Union. It
is expected that the casting of the
statue In bronze will be finished in
time for its erection next spring.
shipping tied up.
Government Fear* to Send Sailors to
Break Ulrlko.
Odessa. Dec. 5.—The suppression of
the Seaman's Union by the Government
has been followed by a strike of the
seamen with the result that the busi
ness of the shipping companies is com
pletely tied up.
About 11,000 men are out. The Gov
ernor appealed to Admiral Skrydlolt,
commander of the Black Sea fleet, to
send sailors from Sebastapol to relieve
the situation, but the Admiral refused
to do so. fearing that the sailors would
Join the strikers.
Arrangements were made to dispatch
steamers manned by novices, but one
of the vessels so manned ran aground
and the others returned to port.
Shuster Is Appolul-d.
Washington, Dec. 5.—The President
today sent to the Senate the following
nominations:
Member of the Philippine Commis
sion and Secretary bf Public Instruc
tion In the Philippine Islands, .W Mor
gan Shuster, District of Columbia.
Stuck Steamer Safe.
New Orleans, La.. Dec.5.—The Brit
ish steamer Carlton. Captain Adams.
! Norfolk, for New Orleans, which ran
i aground during a fog Monday night,
in a mud bank at Myrtle Grove, thirty
1 gve miles south of New O-leans, ar
WRATHBR FORECAST.
WutlMiot, A—Cor Alabama—
Fair TkanMtar, except raia la north
portion Friday! went to north winds.
rived hero today under her own
steam. The Carlton was pulled off by
t' i tu* Wllmot after discharging 11.
000 pounds of ballast. She was aground
fifteen hours.
PROHIBITORY Dl'TY.
Cotton Seed Products Ray Be Barred
From Frpnee.
Paris, Dec. 8.—Cotton seed and cot
ton seed oil. of which there 1s an enor
mous Importation from America, are
threatened with almost prohibitory
duties.
The subject was not Included In the
budget estimates, but Is being pressed
for consideration not only as a new
source of revenue, but on the demand
of the olive oil Industry for protection
agkinst cotton seed oil. which Is ex
tensively replacing olive oil. The
customs commission of the Chamber of
Deputies, has decided to propose a
rider to the budget, Increasing the tar
iff on cotton seed to 6 francs and the
duty on cotton seed oil to If francs per
kilogram.
The Commerce Commission of t the
Chamber has protested against the In
clusion of the proposed new duties In
the budget and having a. reciprocity
agreement In view, proposes to bring
up the question in Parliament as a
separate matter.
The foreign office has received from
Ambassador McCormlok strong repre
sentations against the suggested In
creases in duties. The most favorable
feature In the situation from the
American standpoint lies In the dif
ferences between the two commissions.
WOMAN SUICIDES.
Repeated Deaths la Her Family Caused
Rash Act.
Chicago, Dec. 6.—Mrs. Rose Viral of
1636 West Fifteenth Street, committed
suicide today, because, it is believed,
of rumors circulated regarding the nu
merous deaths In her Imiqedlate family
within the last ten months.
Her husband, Martin Vsral. died first,
and then within nine months her four
children died, the cause of each deith
being given by the attending physician
as "stomach trouble.” An anonymous
telephone message was sent to the po
lice department saying that It was ad
visable thst an Investigation be made,
as all the members of the family were
In shred a short time before death
hate Is the day the police arrested
Herman Brlleck. said to be a fortune
teller. In connection wltb the case. No
direct charge has as yet been made
against him.
REAL ESTATE LOAN
NATIONAL. RANKS ARE GIVEN AD
DITIONAL POWER.
Minority Leader Williams Declares
Thst Bill Will AM Farmers Great
ly aad Have Teadeaey Ta Re
duce Stock Speculation.
Washington, Decfl 6-—The House to
day passed the bill permitting na
tional banking awoclatlops s> inaka
loans on real estata a* security Jiui
limiting the amount of such loans. The
vote was 111 to flfty-one.
The bankers In the House urged the
passage) of the bill, while the oppon
ents of the measure Insisted that real
estate was not a proper security lor
national banks. They contended that
the system had proved a failure where
ever tried.
Mr. Dearmond, of Missouri, thought
the bill wu bad legislation as It would
tend to limit the power of the State
banks. "Any man who has unincum
bered real estate can get a loan at a
lower rate of Interest rrom loaning
ootnpanles than be can rrom a bank,"
he said.
Mr. Williams, of Mississippi, the mi
nority leader, was enthusiastic in fa
vor of the measure, urging that the bill
would aid the farmers very greatly
and have a tendency to reduce stock
speculation.
Representative Hill of Conecticut.
took the position that the bill had not
uvfu mrcu tui u/ / ----
and expressed the opinion that It wai
a dangerous precedent to establish.
Rallies Action st Caucus.
Washington. Dec. 6—The House to
day ratified the action of ihe Demo
cratic caucus of last night and placed
on the rolls Paul D. Porter of Missis
sippi to succeed the late COionel Isaac
R. Hill as a special officer of the House.
HO ACTIOH TAKKH,
Negro Troops Resolution Was Passed
by Senator Porafcer.
Washington, Dec. 5.—The resolutions
relative to the discharge of negro
troops of the 25th Infantry were called
up In the Senate today by Senator
Foraker of Ohio, who proposed the
adoption of his resolution, which calls
on the Secretary of War for informa
tion as a substitute for that of Sena
tor Penrose which calls on the Presi
dent.
Senator Warren of Wyoming offered
a substitute for both, which was ad
dressed to the President. To his sug
gestion Mr. Foraker was opposed. He
did not wdnt to disturb the President
about the matter. The Information he
desired was, he said, In the possession
of the War Department and could be
secured there without difficulty.
Senator Penrose was not present and
Mr. Foraker. not desiring to put the
resolution of the Pennsylvania Sena
tor aside In his absence, asked that his
own resolution be considered indepen
dently and not as a substitute.
Senator Culberson offered an amend
ment to the Foraker resolution calling
In addition for the order Issued to Ma
jor Penrose In command of the 25th
Infantry, dlrecttng him not to deliver
to the civil authorities of Texas certain
members of his command charged with
assault to murder and murder.
This was accepted by Mr. Foraker.
who was about to demand a vote on
the question of Immediate considera
tion when Senator Spooner called at
tention to the fact that Senator Pen
rose was absent from the city, and it
was unusual to press matters In tyhlch
a Senator was especially interested in
his absence. Mr. Foraker at once ac
cepted this view and after the Warren
substitute had been formally offered
and read, the whole question went over
until tomorrow.
Favor Secretary MelcVfe|
Washington. Dec. 5.—Too Senate
committee on Naval affairs today or
dered a favorable report on the noml
n-tton of Victor H. Metcalfe of Calll
fornla. to be Secretary of the Navy.
tiovcrameat Right of Review
Washington, I>ee 5—The bill giving
tiie government the same right of re
view in crlmtnul cases that is allow
ed by law to defendants, which was
referred to the Senate last session by
the Senate Committee on Judiciary,
was ordered recalled today by the
eommtttee to secure further consid
eration with a view to unanimous act
ion on the floor. The measures grew
out of the trial of tlit- Chicago pack
ing house caaes in which tho packer*
escaped trial through tachnicalitlM.
MR. ROOT
CAUSED ACTION
Order to Test California
Law* *.
SENATE WANTS THE RECORD
Japanese Ambassador Personally
Thanks President for Message.
la Mnallmr Ike PaolSe Stairs Declare
They Kaon Their O nollii.ln.u
■ ad Will Disregard
Treaty.
Washington, Doc. S.—Inquiry today
disclosed the fact that the legal pro
ceedings to be taken In Sar. Francisco
by the United States District Attorney
in the matter of admission of Japanesj
to the public schools of that city with
out discrimination, were inspired by
Secretary Root, who • expressed the
opinion that It wotild be one way of
effectively disposing of the controver
sy.
That the President’s views on the
subject met with the hearty approval of
the Japanese government was mad)
evident today when Vlscoant Aokl, the
Japanese ambassador, said that he had
personally thanked the President for
what he had said.
A rumor that a new treaty between
the United States and Japan was to
he negotiated, designed to remedy any
defects In the one now In force was
set at rest today when both Viscount
Aokl and Secretary Root unequivocally
denied that such a thing ever was con
sioereq.
W ANTS THE! RECORD.
*«*<• WII! Look Into ComitMdnM
I* Prlnco Affair.
Washington, Dee. 5.--Without doubt
the Senate today adopted a resolution
railing on the Secretary of Commerce
and I-abor to furnish the Senate cop
ies of all official letters, telegrams, re
ports. etc., tiled In the department In
connection with the Investigation of
the matter of Japanese attending the
public schools of San Francisco.
The resolution was presented by Sen
ator Flint of California.
MBSSAOR IS EXPLAINED.
Raasevelt Says He Will Use Military
To Protect Japs.
Washington, Dec. 6.—The California
delegation In Congress has received
what they consider sufficiently assu
rances that the President did not deslrn
to be understood as saying In the
Japanese section or his message that
he would use the military force of the I
united States in fofotog Japanese Into
the‘California schools in which white
children are taught
It Is said to have been his purpose
to convey the idea that he .would use
the mlllAry to protect the Japanese
against mob vlolsnce. Californians
take no offense at this Interpretation
of the message and agree that the chief
executive should do everything In his
Dower to protect Japanese and all oth
er foreigners against violence
TEST THE STATUES.
CorerumeuI to Investigate Legality ef
Separate School Law.
San Francisco, Deo. 6.—Under direct
orders from Washington, the represen
tatives of the Department In Justice
In California havs been Instructed to
begin an action In the courts to teat
the legality of the State staute which
provides that children of Mongolian
descent shall attend a separate school.
When the attention of President All
man was called to that por-lon of the
President's message, made nubile yes
terday, he said that the utterances of
the President on the Japanese ques
tion would have no effect on the action
of the board.'
A -
TROUBLE WITH JAPS.
Saloon Hangers-on Attack Orientals at
Tacoma.
Tacoma, Wash., Manager Chester, of
the Adler Mill Company, thlrty-flve
mllea south of Tacoma, who came Into
town last night, says there was some
trouble there Sunday and Monday,
caused by a few hangers-on at a sa
loon. who asaulted two Japanese In an
endeavor to drive them away.
Two deputy sheriffs arrived Sunday
evening and the Japanese are now .at
work in the yard, doing common labor
for which other men could not be se
cured.
FOR TARIFF REVISION.
Congressman Amen Wants Republican
Ansorlntea to Woke up.
Washington, Dec. 6.—Congrehstnan
Bqtler Ames of Massachusets has be
gan a propaganda for an Immediate
movement in the interest of the tariff
re vis. on.
He says he is not undertaking to se
cure action at the present session of
Congress, but is urging upon Republi
can members the advisability of a gen
eral caucus to "give concrete expres
sion of heir determination to immedi
ately revise the Inequalities present In
our tariff laws so that all possible no
tice to the country at largo may be
gl\An as to the time of revision.’’
He thinks that the subject should be
taken up Immediately after the fourth
of March and would, have the caucus
determine the best method of proce
dure and whether the -vh.de tariff
laws should he revised or only partic
ular schedules amended.
BROTHERHOODS CONFER.
Will Endeavor <o Cause Reinstatement
of l nlon Clerks.
New Orleans. Deo. f>.—Representa
tives of the Brotherhood of Railway
Trainmen. Brotherhood of Locomotive
Firemen anil the Order of Railway
Conductors employed by the Southern
Pacific Railroad between New Orleans
and El Paso, today began a series of
joint meetings in this city.
The sessions were executive, but
were believed to he for the settlement
„f the strike of the brotherhood of rail
way elerks of the Southern Paelflc. So
far me movement Inaugurated for a
settlement of the troulde by Mayor
Behrman and the Mayors of towns
along the line has been fruitless.
Killed Police Chief.
Memphis. Tcnn.. Deo 5.—A special lo
The News-Scimitar from Pine Bluff,
Ark.. says J. K. Culpepper, former
Chief of Police and widely known
throughout the Southwest, was shot
and killed Ir. a istol duel with a negrj
named Brock, early today. After re
ceiving mortal wounds, Culpepper fired I
at the negro, lending a ffiillet through
his heart.
ISItUIKr INTO WRECK.
Statements of Trlesrapli Operate** do
Not Conform.
Washington, Dec. 5'—Officials of the
Southern Railway today begun a for
mal * Investigation Into the causes of
the wreck oil that line Thanksgiving
morning In which President Samuel
Spencer Of the Southern System and
severest other persons were killed.
The Inquiry Is being held at the gen
eral offices of the Southern Railway In
this city, and probably will not be con
cluded before tomorrow or Friday. The
investigation Is being conducted by
General Counsel A. P. Thom and Gen
eral Superintendent E. H. Copeland.
The accident occurred on Superin
tendent Coapman's division. The hear
ing Is being held behind closed doors
and all statements of witnesses are be
ing reported by stenographers. The
Inquiry will be very rigid. R. J. Ja- j
cobs, the Southern telegraph operator
at Lawyers, Va., and G. D. Mattox,
the tower operator at Rangoon, upon
one of whom It generally Is supposed
the responsibility for the disaster rests,
were witnesses at today's Inquiry.
Their statement* do not agree and
one of the purposes of the Inquiry Is
to ascertain if possible which Is cor
rect.
In addition to Jacobs and Mattox, nil
of tho Southern operatives who had
anything to do with the running of the
two trains which were in collision will
be examined exhaustively.
DLNEVT statement.
Calls Os Policyholder* to Cost Votes
Immediately.
Now Tork. Dec. 5.—Tits following
itatement was Issued today by Richard
Olney, chalrnmn of the international
policyholders committee;
"The right to vote for the boards of
directors in the New Tork Life and tile
Mutual Life Insurance Companies ex
pires on the 18th. A large proportion
of the entire vote remains to be cast
and the surcoag of the policyholders to
vote both In their own Interests and as
a matter of public duty.
"The Issue Is not to be mistaken.
It Is between condoning the proven past
of the administration of the two com
panies and rondenialng such maledic
tion; between re-electlny traitors and
delinquents and putting In their place
trustees whose record thus far is un
lmpeached. which Is the best possible
guaranty that they will administer the
trust committee to them
“The New Tork legislature offers you
the opportunity by on# and the same
stroke, both to safeguard your own
pecuniary Interests and to prove to the
world that official probity and trust
worthiness are as much prised and
counted on in America as they can be
anywhere. The opportunity thus off
ered may not return again and not to
avail of it Is both unwise and unpa
trlotlc. •
Qnnke at Kingston.
Kingston. St. Vincent. B. W. I.. Tues
day, Dec. 4.—A prolonged earthquake
shock was felt here last night.
lasted fully eighty seconds. The vi
brations were slow. The people of
Kingston were thrown Into a panic.
No other shock felt here lasted so long.
The Island of Barbados (about ion
miles to the east) and the Island of St
Lucia (about twenty-five miles north
west) also felt the shock.
THE BIRDSONG TRIAL
YOUNG HISMIMSIPPI MATRON
CHARGED WITH Ml/'RDEIt.
Difficulty Was Experienced in bre ur
lng Jury, Venlrr of One Hundred
Talesmen Having Been Ex
hausted-— Distinguished
connsrl.
Hazlehurst, Miss.. Dec. 6.—The trial
on a charge of murder of Mrs. Angle
Birdsong, a young member of one of
the most prominent families In Missis
sippi began today, the choosing of a
Jury having been nearly completed this
morning.
Mrs. Birdsong shot-and killed Dr. T.
H. Butler, also a member of a promi
nent family and nephew of former Gov
ernor Longlno of Mississippi, on No
vember 25, 1905. The shooting occur
red In Dr. Butler's office In Montlcello,
Miss., where Mrs. Birdsong resided.
The young woman went to the office,
watting until a patient had completed
hlB Interview with the physician and
then entering Dr. Butler's presence fir
ed five shots. Going to the street she
remarked to a gathering crowd that
they would find the result of her work
upstairs In the doctor's office and she
then surrendered herself to the sheriff.
Although admitting the shooting, she
has not let her line of defense become
public and the Interest in the case has
been heightened by the subsequent in
dictment of her husband on a charge
of being an accessory. He is not, how
ever. to be tried at the present time.
A few days before the shooting Mrs.
Birdsong attempted suicide. At her
preliminary hearing her mother-in-law
testified that the prisoner had exper
ienced an extreme mental agitation
over rumors concerning her character.
The prominence of both families In
the case and Intense feeling in Montl
cello caused a change of venue to be
granted. Mrs. Birdsong is about 22
years old and her youth and the pres
ence in court of her two small chil
dren have already exerted a strong
sympathetic Influence on the case, mak
ing the choice of a jury difficult.
Among the special counsel present
at the trial are Senator A. J. McLaurtn,
former Governor Longlno, H. N. Miller.
A. C. McNair and R.1 I. Dent.
It was nearly night before the jury
was completed, the first venire having
been exhausted and about a hundred
men having been examined V1 the pro
cess. Court adjourned after the Jury
was completed and the beginning of the
trial was fixed for 9 o'clock tomorrow
morning.
United States Senator A. J. McLaurtn.
whose family Is related to Mrs. Bird
song. has been retained In her defense,
while former Governor of Mississippi
Longlno, Dr. Butler's uncle, will assist
in the prosecution.
OFFICIALS ARE INDICTED.
L and N People Charged With Discrim
inating Against Employes.
Mobile. Dec. 5—Warrants were to
day served on the attorneys represent
ing the Louisville and Nashville Rail
road Company. and Superintendent
Charles Marshall of the New Orleans
and Mobile Division of that roud,
charging them with a violation of the
arbitration act; otherwise discrimina
tion agaiust oertaln employes of tho
company. The parties made bond and
were released.
The Indictments werqafound by the
Federal grand Jury Jus^adjourned at
the Instigation of the authorities at
Washington, and they alleged that
these men wore discharged because
they were members of the union
known as the Order of Railway Tele
graphers.
Good Reads Meeting.
Muskogee. I. T.. Dec. 6—The National
Goods Roads Association met here to
day In annual convention. Men of na
tional romlnence took part In the pro
ceedings.
L E* SMATHERS
IS EXONERATED
Awarded Memphis Gold
Cup.
GUILTLESS OF DRUGGING
No Proof That Lou Dilloa Wa*
Doped,
Milker of Formal Affidavit I huegee
Testimony Declaring He Waa
i*alil to Make Statement—Hlll
Icfi la Troablr.
Now York. Dec. 5.—Tko Memphis
is offic
gold cup dispute was officially end©4
tonight when the board of levlew of
the national trotting association deck •
ed that the trophy had been woe oil
merit and dismissed the charged
against K. E. Smathers of New York.
The case which was taken up by the
Hoard ut a continuation of Its winter
meeting today grew out of I he alleged
drugging of Lou Dillon at .he Mem-%
phis. Tenn., meeting In October, 1R. 1M
.Smathers, who owned Msjor Dolmaf
and drove him In the race, waa ebarg
ed with having been cognisant of 111
treatment to C. O. Itllllngs's mare
which resulted In the latter s failure to
show form In the race, and the winning
of the 15,000 gold cup by Major Del*
mar.
When the charges were made suit
was brought by the Metnph's Assocle*
tion, but It rvas stopped by Injunction,
Today's hearing was for the purpose ot
determining the facts. The res* occu4
pled the whole day but was soon de
elded after the board retired for dellb*
eratlon tonight. Many affidavits were
Introduced and several witnesses «*
amlncd. *
Some of the testimony was sensa
tlonal. One affidavit read was made by
Ed. Saunders who originally preferred
the charges against Smathers. Saun
ders In his earlier affidavit bad sworn
that Smathers had paid him $5,000 to
administer eight ounces of a drug into
Lou Dillon so as to stop 4cr In the
rare. In the affidavit read from Snun
ders today he said that he was paid to
make the charges agaln«t Smathers
and that they wero absolutely without
foundation.
George W. Spear was the most dam
aging witness against Sm i*herjt, Ht
swore orally that Smathers had re
quested him to open negotiations with
Saunders as to whether Lou Dillon
could not be “fixed." Spear said thal
Saunders offered to do the Job for $10,,
000 4P-t Shat It era thought that to»
much and told him to drop the job.
The defense immediately produced wit
nesses who declared that Spears-'* -eJwus-*
aetrr. was bad.
‘ Through an affidavit Louis Strenhei
said that after the charges were made
against Smathers he went to St. Loult
and interviewed Edward Saunders,
brother of Lou D'llon's trainer. Ed
ward Saunders, the affidavit states, krai
formerly Mr. Struber's betting com
missioner and the witness knew h«
would tell him the truth.
Saunders, said Mr. Streuber, toll
him that he had made the charges
against Smathers for a money consid
eration. He had been approached, h«
said, by George Spears. Smathers’*
former trainer and then was placed
In communication with Murray How*
Secretary of the Memphis Trotting As
sociation. He met the latter In Chi
cago and received $5,000 for making »n
affidavit that I-ou Dillon had beeg
doped before the cup race.
Later Streuber said Saunders wrott.
him that he regretted he had said any
thing to hurt SmatheTS and that he barf
made a seeond affidavit to clear Major
D'elmar's owner.
At the conclusion of the hearing
John 8. Wise, counsel for Smathers,'
made a bitter arraignment of the men
who procured the charges against hl(
client, mentioning particularly C. K
Murray Howe, Secretary of the Mem
phi* Trotting Association.
"I feel that we have suffered Ion*
and patiently and bitterly,” said Mr.
Wise. “The charges are absolutely tin,
sustained. And as to Billings ani
Howe—that Is a matter for further de
velopment which later will take un
der consideration.”
The case went to the Board In exec*
utive session, which lasted hardly *
quarter of an hour.
MG9SAUG FROM MOTHER.
Says She Will Be At Sea’s Side Durian
Ordeal.
Herkimer, N. Y. Dec. S—Chester EV
Gillette, who last night was found
guilty of the murder of Grace Brown,
at Big Moose Bake, today received a
telegram from his mother, Mr*. F. S.
Gillette of Denver, Colo.
The mother urged her son to have
courage and trust In God, adding that
she had wired to his attorneys to ap
peal tho case. She rromlaed that she
and his father would be at Chester's
side when his next trial took place.
Former Senator Mills, Gillette's sen*
lor counsel, stated this afternoon-that
he will be present In cdurt tomorrow,'
the day sot for the sentencing of his
client, ond make application to have
the verdict set aside.
•Should ttyo court over-rule our mo
tion. we will at once file nbtlce of ap
peal." he said. “There Is always *'i
chance of getting another trial, you
know. Yes, the appeal will be brought
on Tather unusual grounds, but I am
not at liberty to talk about It until
Mr. Thomas and I have completed our
plans.”
Gillette shows little concern over his
position.
REPORT POSTPONED.
Department of Agriculture to Issue Its
Estimate Tuesday.
Washington, Pee. 5.—It, is announced
at tho Department of Agriculture that
the quantitive estimate of this season’s
cotton crop will be Issued on Tuesday^
December 11, at 2 o'clock p. m., in
stead of on Monday, its heretofore an
nounced .
The Bureau of the Census has de
cided nut to publish their report ol
the amount of cotton ginned up to De
cember 1. until Monday, tho loth inst.,
at ■: p. m.; and tho Bureau of Stati*
ties ef the Agricultural Department de
sires to consider the Information con
tained In the census report In connec
tion with information derived from
other sources.
Te Regulate Sucre—Inn.
Washington. Dec. 5—Senator Fry*
today Introduced a hill regulating th*
succession to the Presidency. It pro
vides for a constitutional amendment,
giving Congress authority to legislate
in case of death or disability to serv%
of both President atm Vice President.