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(910 Montgomery 100,000 TM «M1M1tgvmexy RÆ MTHÆ 1910 Montgomery 100,009 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.