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The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, December 07, 1906, Image 1

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President to Explain to
Foraker Denies That Troops
Participated in Outrage.
Tljlmau Call* Ohio Senator >0 Tank by
Saying Report of Secretary Taft
Make. That Statement
Washington, Doc.6.—The t.onate to
day adopted the Penrose osolutlon re
questing the president to send It in
formation regarding the discharge of
the negro troops of the 26th Infantry
and also the Foraker resolution direct
ing the Secretary or War to transmit
all information in the posseraton of
his department on the same subject.
Both resolutions carried a.t .dentical
amendment by Mr. Culberson asking
specifically for the order to Major Pen-,
rose commanding the troops '.rhlch di
rected him not to turn over to the
Texas authorities certain of the troops
This action f<)llowed a debute of two
hours and was taken without a roll
call or opposing vote. The debate de
veloped along two distinct lines; one
as to the propriety of asking the pres
ident fqr the information tr of direct
ing the Secretary of War to furnish It.
and th^ other an indulgence by a
few Senatora In comment on the merits
of the case.
Mr. Spooner, who opened .he discus
sion, took the ground that in mattsrs
where Congress had an absolute right
to information in the possession of the
executive, it had always been custo
mary to direct a cabinet officer to fur
nish it.
In matters where It had not this
right and In which there were aome
doubt about the advisability of pub
licity, Congress usually nade a request
upon the PresidenfHf It desired the
Information with the understanding
that it should be furnished "if not in
compatible with the public Interest.”
Ti ls view was supported also by Mr.
Foraker, while Mr. Lodge quoted pre
cedents to the contrary.
Troops Committed Murder.
i o lay me rounuuuon tor a uiavuo
glon of this point, Mr. Carter c'..served
that "It had been alleged and not de
nied” that the troop* in question had
committed murder In ’’'eras. Thu
brought Mr. Foraker to hla licet witn
Hn emphatic disclaimer. This allege
tlon had been denied, he said. and
much evidence adduced to support the
"Well” continued Mr. Carter, "it has
been alleged and not denied that there
was a disturbance participated In by
"That. too. has been denied.” assert
ed Mr. Foraker.
"Well,” again began Mr. Carter, "It
has been alleged and not denied that
there was a disturbance.“
Mr. Tillman Interrupted to say he
had read in the morning papers "an
alleged report” from the Secretary of
War In which that official alleged that
this was a disturbance and ten or
twenty of the troops had "shot up” the
town of Brownsville, Texas.
Mr. Foraker here presented a printed
copy of testimony in the case which
he had obtained at the War Depart
ment, extracts of which he secured to
show, he said, that it was unsatisfac
tory. Incomplete and of a flimsy char
acter, and that no Jury In Christendom
would convict under it.
Mr. Culberson took the opposite view
of the testimony, but both agreed that
with the “unsatisfactory Information"
at hand it was useless to discuss the
Penrose Obeys Negroes.
Mr. Carter finally secured opportun
ity to’ finish his point, which was In
support of calling on the President for
Information. This was emphasized by
Sir. Penrose, who said he had Intro
duced his resolutions In the Interest of
a large negro constituency In Pennsyl
vania, and had addressed It to the
President because the action had been
h.v the President, and he regarded it
as a matter of courtesy to ask him for
the information. He also stated that It
had seemingly been agreed amohg Sen
ators that both resolutions should be
Mr. Foraker read at length the tes
timony furnished by the War Depart
ment. He said it appeared that mur
der. misprison of felony and perjury
had been committed by some one
three crimes for the punishment of any
of which the Constitution secured to
every man the right of trial before
punishment. He did not regard It from
the standpoint of race question.
The right of the President to dis
miss a man from the army was also
If he could dismiss any man he could
dismiss a company, a regiment or a
brigade, and. In fact on the same the
ory. the whole army.
Mr. Foraker admitted, at the sug
gestion of Mr. Warren, that the Pres
ident under the law had the right to
Increase or decrease the army within
aertain maximum and minimum limits.
During the debate the report was
current among Senators that the Pres
ident felt it would be a matter of
courtesy if the resolution should be
addressed to himself and so strong, It
was said, was the feeling on his part
that lie had Intimated that unless this
course waa taken there would be no
response. _
French Papers Bay Roosevelt Showed
His Courage.
Paris. Dec. 6.—The French newspa
pers today published editorials on
President Roosevelt's message to Con
gress. unanimously selecting for com
ment his remiirks on the Japanese sit
uation as being "most characteristic
ef the man,” and praising the Presi
dent's courage.
The general opinion can he summed
up in the words of The Petit Re
publlque as follows: “His presentation
of the Japanese question was an elo
quent feature of the address. It con
stitutes a lesson in international polite
ness and shows that in order for a na
tion to have the right to insist on the
proper treatment of Its own subjects
abroad. It Is necessary to begin a simi
lar treatment to foreigners at home."
Receiver l» Appointed.
Richmond, Va Do- Judge Scott
of the Daw and Equity court today ap
pointed a receiver for the Prudential
Fire Insurance Company of West Vir
ginia and the Atlanta-Birmingham Fire
Insurance Company. E. A. Catlin waa
named as receiver, giving bond In the
sum of $18,000, which covers both re
ceiverships. The application was made
by Virginia policyholders whose claims
ai“e unsatisfied. The two companies
Involved sufTcred heavy losses by the
San Francisco earthquake and fire.
Jacksonville Man Charged With Hold
lag White Mania Servitude.
Jacksonville, Fla.. Dec. 6.—Something
of a sensation was caused In the United
States Court here today when the
grand Jury returned a true bill under
Section 6525, Revised Statutes, against
F. J. O'Hara, for carrying a white man
away from Jacksonville with Intent
to hold him as a slave.
Under this Indictment, the Govern
ment has only to prove that the mat
was held against his win. Under the
peonage indictments they must prove
that the man was held for debt. The
grand Jury returned four Indictments
against O'Hara, three for peonage and
one for conspiring with other persons
to hold a man in slavery. Among the
alleged conspirators against whom in
dictments were returned was 8. 8.
Schwarz, the New York labor agent,
who sent the man here. The man held
in slavery is Franz Novel, a German
Remains of General Den lgaaela MaJIa
Raid to Rent.
Mexico City. Dec. 6.—One of the most
imposing funerals that has taken place
In Mexico for a number of years occur
red today when the remains of General
Don Ignaela Mejia was laid to rest In
the French cemetery.
General Dias, accompanied the mem
bers of his cabinet and a number of
high officials'of the Mexican army pre
sented themselves at the chapel in the
department of war of the national
palace where the body has lain for
the past twenty-four hours.
A few minutes later the coffin was
removed to the funeral Car. At the
cemetery1 the remains were given full
militia honors.
Declares Panama Railroad a Legal Fic
tion to Enable Country to Avoid
Its Responsibility an Com
mon Carrier.
Washington, Dec. 6.—Senator Mor
gan today addressed the Senate on his
resolution looking to giving the Pan
ama Canal Commission control of the
Panama Railway.
In reply to a question from Senator
Hale he Said that he would not seek
today to secure action on the resolu
tion. In making the inquiry Mr. Hale
mentioned the probability of an early
message from the President on the ca
nal question and suggested the wis
dom of deferring all action until it
shall be received.
Mr. Morgan spoke of the Panama
Railroad as "a legal fiction.” or as an
‘'artificial entity to enable this, coun
try to avoid Its responsibility as a
common carrer."
If Congress should enact a law re
quiring Die tearing op of the PanaUle.
Railroad, Mr. .Morgan said, no creditor
could enjoin »ueil destruction.
Mr. Morgan maintained that Mr.
Cromwell, whose several connections
with the Panama Government and the
Canal Commission he enumerated, was
the only one who benefited by this
maner of managing the road.
‘‘It gives Cromwell absolute control
of the load as though he were Its sole
owner,” he declared.
■Mr. Morgan advocated putting the
railroad under the control of the Ca
nal Commission, although with the Con
trol the President exercised over this
Commission, he said, "any wild, arro
gant man who happens to be President
could Inflict Incalculable Injury on the
Insurgent* Are Defeated.
Washington,, Dec. 6.—Senor Don
Emilo C. Joubert, the Dominican min
ister has received a despatch from his
government stating that a party of
tVelve Insurgent leaders who had
gathered at Puerta Plata and who
were on their way to LaBiga. were at
tacked by the government forces.
Perlco LaSalla was killed and the re
mainder of the party arrested.
Three Men Killed.
Wilkes Bat re. Pa., Dec. 6.—An explo
sion of gas In the Buttonwood colliery
of the Delaware. Lackawanna and
Western Coal Company, a few miles
south of this city, today resulted in the
death of three men and the serious In
jury by burning of eight others.
The Republic** Repre»e»t*llve*
Ckaige OB Ground That If Adopt,
rd It Would Tend to Ce*tr*l
liatlon of Power.
Washington. Dee. 6.—The Littlefield
pilotage bill to remove discrimination
against American sailing vessels In the
coasting trade was defeated in the
House today, 110 to 164.
Mr. Mann of Illinois asked if the
bill was not selfish to a degree, and
Mr. Humphrey of Washington replied
it was selfish in favor of American
vessels, and that the Middle West
seemed to want no legislation except
that which affects the cornfields. Mr.
Shorley of Kentucky said the bill was
drawn In the Interest of the North At:
lantic ports and to the hurtfulness of
the pilotage business in Southern
Mr. Littlefield stated that the meas
ure sought to create a free pilotage
system from Old PoinJ nmfort to the
Rio Grande such as exists from Old
Point Comfort to E iport. Me., and
also from British Col 'bia to Mexico,
on the Pacific coast.
He remarked that a p. rniclous sys
tem had grown up in Mississippi ports
wherein discrimination was made
against Maine coastwtie vessels and in
favor of vessels from other ports. This
Mr. Williams of Mississippi indignant
ly denied. , , ,.
The roll call disclosed a decided
change from what had been expected
by the le. ders. many Republicans vot
ing against the bill on the ground that
it was a move toward centralization
on the part of the nation.
lnv**tI»»'lon of Wreck.
Washington. Dec. «.—Investigation
into the causes of the disastrous wreck
on the Southern Railway. Thanksgiv
ing morning. by which President
Samuel Spencer lost his Pfe is being
continued by officers of tile Southern
Railwav. It is not probable the In
quiry will be concluded before tomor
row afternoon.
\ppolntments Confirmed.
Washington. Dee. tt. -The e.ufhtc in
executive session todav confirmed a
large number of appointment* to oen
sular post office and other positions.
Urtong the nominations confirmed was
that of Herbert G. Squiers, of New York
to be Minister to Panama.,
SchulV Does Not Seek
/ Reward.
/ -
«• - ,

Endeavor to Prove He Received
Consideration Fails.
William Kelly Testifies That President
Mira Kifrcnril bunging 10 Fire
Fitly Volley* at Ken-Union
Chicago, Dec. 6.—Only two witness
es were on the stand today To the Shea
The first' was Joseph Sehults, who
testified yesterday and waa called to
day for cross-examination. Hio apcond
was William Kelly, formerly an offi
cer of the coal teamsters union.
For several hours the -ttorneys foe
the defense made a strenuous effort to
impeach the testimony given yesterday
by Schultz but were unable to change
his story In any essential point. The
attorneys endeavored to show that
Schultz had entered a plea of guilty
for a consideration of some rort and
drew from him the admission that he
had received an overcoat f.cm an em
ploye of a detective agency whose op
eratives have been guarding him since
the commitment of the trial.
Schultz, however, denied that he had
been Induced to plead guilty and said
that he expected to go to the peniten
Kelly gave evidence regarding acts
of violence committed during the
strike, of which he had personal know
Corroborates Young.
He declared In corroboration of the
testimony given by Albert Young th*..
Shea had made the statement that with
fifty volleys to aid him he would put
the non-union men out of business.
The attorneys for the defense In the
Shea trial today made vigorous efforts
to obtain from Joseph Schultz, the wit
ness of yesterday, who tol.l of slug
ging non-union men and of throwing
acid eggs at horses, an admission that
he had been promised certain Induce
ments to plead guilty.
Almost three hours wers consumed
by attorneys for the defense In the ef
fort to draw from Schultz t.e state
ment that he had been promised some
thing If he would plead guilty and turn
State’s evidence. The only answer that
could be procured from the witness
however, was that he knew he waj
guilty as eharged In the Indictment
and had decided to throw hlviself on
the mercy of th* nitfl'fc"’
“The witness during cr^ss < xamina
tion admitted that he had on several
occasions held conversations with at
taches of the State attorney’ * office and
algo with attorneys of the cmployersas
soclatlon, the organization which made
the fight against the teamsters in their
Papers of Japan Pleased With Preel
dent’a Poaltlon.
Toklo, Dec. 6—Most of the papers
here highly eulogize President Roose
velt’s attitude toward the Japanese as
expressed In his message. The Asahl
Is delighted that the confidence re
posed In the President has been real
ized. It sayz:
”By his firm attitude, prompted by a
lofty sense of justice, President Roose
velt has added new lustre to his al
ready great fame. It. Is to be hoped
that true Americans will unite In sup
port of hts righteous policy.”
The Hochl praises President Roose
velt's attitude as Just and Impartial,
and Is rejoiced to find It In perfect ac
cord with the views of the Japanese
"Public opinion here,’ It says, ’‘be
lieves that he must have been actuat
ed by an exalted sense of patriotism
to save his country from dishonor by
clearly defining the relative power and
authority of the Federal and State
governments.” . ■
The Jijl is grateful that President
Roosevelt has expressed exactly what
the Japanese would say. "They feel
at ease." It declared, "since the Japan
ese cause has been placed in such a
powerful hand.”
The press Is almost unanimous in
confidently expecting a satisfactory
solution of the San Francisco compli
Horrible Condition of Louisville Mil*
Supply Reported.
Louisville. Ky., Dec. t — Aaron Kohn.
representing 100 dairymen against
whom charges were brought under the
pure food law of feeding swill to cat
tle. pleaded guilty for his client* in
police court today and accepted a sus
pended sentence of 1100 f.na and a jail
sentence of fifty days against each de
fendant. .
The fine and jail sentence will be
annulled only on condition that they
clean up their dairies by April 1 and
puit feeding swill to cattle.
Previous to the calling of the cases
in court a conference of lawyers, phy
sicians and health officers was held at
which startling revelations were made
in regard to the milk supply of Louis
It was shown that twenty-five
pounds of manure is consumed every
day in Louisville In the milk that is
drunk: that some of the milk contain!
pus; that a large number of dealer
return milk cans which are refilled
without being adequately washed and
J still containing lactic acid, odors and
sour milk, and that many subles quar
tering cows are In a filthy condition
Mechanical Engineers Tlilnk Metric
tlrmumi Would Muddy Vt ntera.
New York. Dec. 6—The system of
weights and measures now in use In
the United States and Great Britain
should not be supplanted by the metric
system is tlie opinion of a majority of
the delegates who are now in this city
in attendance at the convention of the
American Society of Mechanical, En
The expression of opinion twas made
in the general discussion that followed
the reading of a paper on the subject,
■ Weights Hnd Measures." bv Henry P.
Towne of New York, at today s session
of the convention. The discussion do
veloped almost a unanimous sentiment
in favor of the present system, possi
bly with slight modifications.
It was said that it would me well
nigh impossible to effect a change even
IX the metric system was made tha
WnsklngloB. D»r. u.—I’t'r Alabamai
Pair Mail Colder Frldsyi Ssturda, fair
• ad warmer) fresh a«rHm«l wind*.
legal system. and that It would dls
rupt business and disturb the title of
evory foot of land between the Atlan
tic and Pacific Oceans. Mr. Townes
’paper was largely devoted to descrip
tion of varloua measures which have
been Introduced In Congress from time
to time, and an argument In favor of a
commission to Investigate and report
to Congress that there may be an end
to ceaseless agitation.
He claimed that the only thing to
be gained from the metric system was
decimal notation, but this had already
been adopted In this country In manu
factures and that no change from
grain, Inch or gallon was necessary.
Counsel llld Not Have Time to Prepare
Herkimer, N. Y.. Pec. Chester E.
Gillette was not sentenced today.
He was taken Into court at the ap
pointed hour, but his counsel had been
unable to prepare In the brief time at
their disposal for a motion for a new
trial which they desire to enter before
sentence Is passed. The stenographer’s
report of certain parts of the trial are
essential In their preliminary work and
the stenographer was unable to get out
the required work In so short a time.
On that account the court enter
tained a motion that proceedings he
postponed until Monday at 10 a. m.
There are and hsve been for some
time all kinds of rumors that Gillette
has been overheard to make some kind
of a confession that he killed Grace
Borne of these stories are that Jail
officials heard him confess to his law
yers; others that he told a visitor who
called on him that he had struck the
girl and that the visitor told the Dis
trict Attorney. Nobody connected with
the case In any connection will confirm
any of these stories.
Declares He Weald Deem It An Honor
To Serve Hh State, Bat tears
Are Haaglag Heavy.
Louisville, Dec. It was learned
ndav that the repeated mention of
.esoclate Justice John M. Harlan, of
he Supreme Court of the United States,
s a possible Republican candidate for
overnor of Kentucky had finally call
1 forth * definite statement from him
n the subject.
This statement took the form of a let
sr from Mr. Harlan to his friend and
ormer partner. Mr. Augustus E. WH
on. of Louisville. Judge Harlan has
ot only1 been personally Importuned
y a great many to make the race, but
large number of newspapere In Ken
Licky and throughout the country have
ubllshed articles giving weight to the
onsideratton of his name.
The letter Is as follows;
"The talk In Kentucky about my bo
oming a candidate for governor, em
mrrssses no wo little, although ths
mmerous and rordlaV expressions of
rood will and confidence which have
ome to me from persons df m.v old
nine, of different political faiths, are.
n every account, most gratifying.
"They are very highly prized. Of
ourso It should be deemed a great
onor to be governor of a state which
as given to the country Lincoln. Clay,
rlttenden and many others, In all the
anks of life, who have rendered dls
Ingulshed public services. Partlcular
y It would be B pleasure to once again
raverse the old commonwealth and
30k Into the faces of the poople who
ave been very kind to me and for
rhom I naturally have the greatest af
ectlpn. . . ,
"But I must forego the honor which
artlal friends desire to bestow upon
ie. To give no other reason, a con
lusive one. for this course Is that a
anvass of the state, according to the
Centueky fashion and (If elected i the
Ischarge of the duties of the office or
overnor for four years, would, I fear,
oo severely tax the strength and vl
alttv of one who. although now In t.ie
njoymenl of excellent health, will, if
,e lives until the first day of next
une, be seventy-four years of age
"Please, therefore , as opportunity
nay present. Inform my Kentucky
rlends that they must not hink of me
n'connection with political station I
eel grateful for the pleasant wishes
n this matter.
"Sincerely yours,
“John M. Harlan.
Niimerou* Escapes from Death are Re
ported and inhabitant* of the
Arlionn Town are In
Dire .Need.
Solomonvllle. Arlz.. Dec. S.—Late de
tails of the Clifton flood disaster indi
cate a most deplorable condition among
the Inhabitants, and tremendous loss
°* Practically every building in the
town Is damaged. Many were swept
entirely away Numerous escapes from
death are reported. Two men were
swept through the streets and saved
themselves by catching the awnings
of a store and breaking through the
plate glass front. Patients in the hos
pital were placed In a car and sent to
higher ground before the flood reached
the bulging.
Monday night In Clifton was a night
of terror, as practically the entire
population stood upon the hlllsi unshel
tered It Is believed that many per
sons In the Mexican quarter, of whom
no one has any record, were drowned.
The damage will run Into the hundreds
of thousands of dollars. Thu town
may never be rebuilt.
Ha* No Idea Called States Hare Agree
ment With Germany.
London. Deo. G—As already an
nounced tn these dispatches. Foreign
Secretary Grey has not Information
regarding any arrangemeht under
which German merchant vessels would
be transferred to the American flag
In the event of a war Involving Ger
many, and in the House of Commons
this afternoon he so Informed Mr.
Bowles, In reply to his question.
Answering a question, of Col. Arthur
Lee. Conservative, the Foreign Secre
tary said he agreed that It was impos
sible for such an arrangement to exist
without Us becoming a mater of pub
lic knowledge, as the constitution of
the United States requires the ratltlca
tlon by the Senate of all such agree
ments with foreign powers
Khali of Persia Dying.
New York. Dec. a special cable
'to The Herald from Teh-wan. Persia
! reports that the shah is dying and says
I the shah is in a seiut-coiuclouz condl
• tlon and haa lozt his power of zpeech
Lauds and Roast the
Roosevelt May Be Threatening
Purely Local Government.
Nrbraikan Orplore* Warlike Altitude
of Kxrmllve In Recommending
Increase la Naval Armament
for Purposes of Peace.
Lincoln, Neb., Deo. 6.—Commenting
on President Roosevelt's message, Wil
liam J. Bryan say* there la much In it
which la bail, but It may be regarded
aa the President's moat Important atate
paper. Mr. Bryan aays:
“The meaaago contain* much that la
Democratic, and for which the gen
eral public may well thank him.
"It contain* acme things that ought
to arouae seven- criticism. The Presi
dent boldly appropriates some of the
doctrines which the Democrats have
been advocating and on the other hand
he announcea some doctrines which are
so absurd as to excite amusement. If
the suggestion came from a less prom
inent source. In some cases he takes
advanced grounds; in some cases he re
treats from ground already taken."
Mr. Bryan complains that what the
•President says on the subject of gov
ernment by Injunction will not be sat
isfactory to the laboring men or to
those who represent the right of trial
by Jury. The President's stand on
child labor Is commended as Is also the
position he takes on the eight-hour
law and the right of the people to crit
icise a Judge.
Referring to Mr. Roosevelt’s refer
ence to the Japanese subject Mr. Bry«n
says: "He pays a deserved tribute to
the progress of the Japanese nation
and asks for legislation which will en
able congress to protect the treaty
rights of foreigners. T£at there should
he such legislation cannot be general
ly disputed but a great deal depends
upon the character of the legislation.
"If any bills are presented In regard
to this suggestion, they must lie .care
fully scrutinized to be sure that tney
do not dyuy to the various states the
right to protect themselves and their
people in matters purely local."
{finally Mr. Bry&n deplores what he
calls the president s warlike attitude.
He says; There will he general disap
pointment at the warlike ton# of bis
message where he discusses the amy
and navy. He speaks of the navy as
the surest guarantee of peace which
tilts country possesses.
"Suanie upon the chief executive that
he should place an instrument of brute
force above the nation's sense of jus
tice as a guarantor of peace. The best
guarantor or peace is our nation s
principle to deal Justly with other na
tions. War ought to be a last resort,
not a first consideration. It is bad
enough to have a few protectional sol
diers. It Is not necessary that the
whole nation shall he keyed up all the
time to the fighting point.”
I*resident Is Overstepping His Rounds
In Japanese Case.
Seattle, Wash.. Dec. 6—Governor Al
bert k. Mead has come out In emphatic
language as being opposed to the Pres
ident's recommendation that an act be
passed specifically providing for the
naturalization of the Japanese.
"I am unalterably opposed to such a
course," said the Governor yesterday.
"Naturalization of the Japanese would
tend to degrade the American work
men. The sacred right of American
citizenship, acquired as it was by the
blood of our forefathers, should not be
lightly handed over to another, es
pecially as a foreigner of the Aslatlo
cot st.
"We are very near to the countries
of the Orient, whose teeming millions
could be poured Into our shores should
we throw down the bars to them. The
two races will not assimilate. China
is laughing In her sleeve. Should Ja
pan succeed In obtaining citizenship
rights. China would come to the front
at once with a similar demand.
"We cannot extend our citizenship
rights to one Aslatlo country, without
doing the same to the other. I have
great admiration for the President, but
I believe he Is wrong In this matter.
The Japanese are poorly fitted as
American citizens. I have always con
tended sc.”
Organized labor last night sent a
message to O. Tveftmos, of San Fran
cisco, stating that It unanimously en
dorsed the anti-Japaneso sentiment of
Cclifolnia citizens.
i '’resident and Viscount Aokl Are Roar
With Situation.
Chicago, Dec. 6.—A despatch to The
Tribune from Washington says.
Viscount Aokl, the Japanese ambas
sador. wont to the White House yes
terday at the Invitation of the Presi
dent They discussed a proposition to
negotiate an entirely new treaty, specl
ftelaly recognising the right of each
country to exclude the laborers of the
Such provision Is contained In the
present treaty, hut both the President
and .Japanese ambassador thought It
would satisfy the pride of the Japanese
If their rights to treat the Americans
as Americans treat them were recog
It was also believed that such a new
treaty would pleas.- the people of Cali
fornia and show them that the Presi
dent was prepared to go to the extent
of excluding the coolie Japanese If It
should become necessary.
Such a treaty would be easy to have
I ratified by the Senate. It would al
most Inevitably he followed by a Japa
nese exclusion law. burring out all la
borers front the mikado s islands. Our
laborers, would thereupon he barred by
Japan. . ,
All this is specifically provided for
In the existing treaty, but diplomatic
methods are .lurk and devious, amt the
President probably has a definite pur
pose. which wPl he developed later on.
It was said yesterday that Sr relary
Root, under the direction of the Presi
dent. Is actually, engaged in the nego
tiation for a new ireaty with Japan,
which will spo- Iflr.illt admit the peo
! pie Of that nation to the same rights
| of education as are granted to Euro
pean aliens, no m-.-r and no less.
If ii be trm that s'iv" a treaty Is
being negotiated, it will never get
farther than the Inside 01 tne Samite.
•The present sentiment In that body I*
•urh that not over 10 per cent of tn«
Republicans and none of the Demo
crats would vote for a treaty, which.
In any way attempted to limit the
rights of a municipality* or of a state
to manage Its own school system.
Wrafltr Norther* Man Mffl. Tragic
Death la Arkansas.
Vicksburg, Miss . De<\ A dispatch
to The Herald says that last night
about II o’clock. Benjamin H. Smith,
about SO years of age. a prominent
planter, was murdered In Ills room at
Luna. Ark.. Just above Greenville, Miss.,
by a masked burglar, who brained him
with an axe.
It Is evident that Mr. Smith awoke
when the burglar entered his room and
that a struggle ensued before the mur
der was committed.
There Is no definite clue to the mur
derer, who escaped, but he Is believed
to be a negro. Mr. Smith was formerly
of Philadelphia. The remains will he
taken to Orleans, Mass.
He was 60 years old and leaves a
valuable estate In Chicot County, Ar
kansas. This makes the second kill
ing of a Northern man In this section
in the last few days.
A posse Is still hunting for tho negro
Voung, who a few days ago shot and
killed, at Valley Park. A. fc\ Mlddagh,
the.Chicago real estate man. There Is
considerable feeling occasioned by the
two murders.
Postmaster Appointed.
Washington, D. C. Dec. «—(Special.)
—William E. Lightfoot, appointed post
master at Bughalla. Bullock County.
Rural Route No. i ordered established.
February 1. at Cedar Bluff. (Jherokee
County, aervlng 496 people, and .124
Presentation to Louisiana.
Newport. Dec. S—The battleship
laiulslana sailed from Hampton Roads
today for New Orleans, where she will
be presented with a silver service. De
cember 16*
Real Reason for This Action Said lo
Be Fear of Attempt on Life
of Hla Holiness.
Rome. Dec. %—At the consistory held
today in place of the public consistory
previously planned, Cardinal Samassa,
Archbishop of 8t. Rlgonla, Hungary,
who was present, although suffering
from illness, received the red hat.
The pontiff preconlsed eighty-four
bishops. Including the Most Rev. James
H. Blenk as Archbishop of New Or
leans; Right Rev. I. B. Walsh as Bishop
or Portland. Me.; Monalgnor John B.
Morris, as Coadjutor Bishop of Little
Rock. Ark.; Monalgnor Giuseppe Aver
se. Papal Delegate In Cuba, as Arch
bishop of Sardi; Most Ilev. R. McDon
ald. former Bishop of Harbor Gray.
N. F.. as Archbishop of Oortyna; Right
Rev. J. March, as Bishop of Harher
Gray; Most Rev. R. J. McCarthy, as
Archbishop of Halifax, and Right Rev.
W. McDonald of Alexandria, Canada.
The most slgniftcant appointments
were those of ten new French Bishops,
which wore blade without any opposi
tion on the part of the French Govern
"More than ever, now.” the Pontiff
said, "the church can be compared with
a ship buffetted by the waves In the
midst of the ocean. But our faith does
not vaccltate In the least. Indeed, we
are more than ever sustained by our
belief In the efficacious assistance of
Christ, who. when the time to succor
us comes, will rise and command the
wind and sea to go down so that the
perfect tranquility so much desired will
oeam on us.
“The greatest comfort of Catholi
cism, a comfort which Is confounding
the enemy, the Pope added, was th€
"singular concord which prevails
through Episcopacy, so fully united to
us. May God make all Catholics con
form to these most brilliant examples
of their pastors and follow their di
"This Imposes a sacred duty on the
Christian profession which Is empha
sized by the present needs of religion,
namely that where (alluding tc
France) there Is hostility against the
Church, the people there should be
urged to proceed with compact
strength, and in those regions (allud
ing to Spain) where hostility Is threat
ened, Catholics should generally sink
all personal animosity and dissensions
and neglect no means permitted by the
laws and by the Christian conscience
to overcome the evil.”
Count In Crop SbootlUK Attire, With
Hunt!* In Pocket* Woo Unebash
rd and Airly Argued Moroc
can tluentlon.
Furls. Deo. 6.—A remarkable scene
followed the Interpellation of the gov
ernment on the Moroccan auostion In
the Chamber of Deputies today by M.
Jaures, the socialist leader. Count
Bonl de Castellano unexpectedly as
cended the tribune, whereupon halfth!
deputies abruptly left the hone*
Count Bonl, however, was not greatly
disconcerted. Wearing a red necktie
and a lavender colored waistcoat ami
■with his hands In his pockets, he ad
dressed the chamber after M. Jaurea
airily arguing that France was con
tinuing th* policy of ex-Forelgn Min
Ister Delcasse, who aimed ft the con
quest of Morocco.
After Bonl de Caatellane, M. Herbet.
reporter of the Algeciras conference
and M. Plchon. the foreign minister,
had spoken, the chamber passed a vote
of confidence In the ministry, 457 ayes
to fifty-six noes. The Algeolras con
vention was then ratified by the unan
imous vote of the chamber.
The galleries were rruwdutl. M.
Jaures, the socialist leader, opened the
proceedings by interpellating the Gov
ernment on the reasons for unde: tak
ing action til Morocco before the rati
fication of the Algeciras convention.
He contended that France was em
barking on a dangerous adventure in
order to suppress anarchy and might
be drawn Into a military expedition
which would mean nothing less than a
masked conquest of Morocco.
M. Juures depicted the Sultan of Mo
roceo sending troops to Tangier and
leaving the lute! national squadron the
alternative of withdrawing from th>il
port. In fhlch ease the foreigners would
be abandoned to anarchy, or remaining
in the ambiguous position of warrant
Ing the Sultan in asking another powei
to Intervene on the ground that Franc*
and Spain had exceeded their mandate
Continuing, M. Juares Insisted thai
the proceeding was Irregular and thai
In Ids opinion the Swiss Inspector
General should command the Intercom
log forces as provided by the Algerirui
convention in the ease of the Interim
I tlonal police. Besides. M. Juares point
Ioii out the governmental situation n
Spain was so uncertain that France ui
any moment might be left In the lurch
Will Claim Emotional
-- —
Dr. Eutler Alleged to Have Reflect
ed on Character.
— ,i
Hitler l'netlonnl Feeling I*
■ I llnrlrbural and More Trouble
Hetnrra Partin Would Hal y
He Surprlilaf.
Hailchurst, Miss., Per. «.—Mr*. An
te m* Birdsong’* defense for shooting unit
killing Dr. Thomas Butler will ha
emotional insanity.
Her lawyers will attempt to prova
that sufficient cause for such Insanity
existed in aspersion* alleged to have
been cast upon the young defendant’s
character by the man she killed Soon
after the taking of testimony had be
gun today counsel for the defense went
straight to the main issue, the* ques
tion whether the so-called unwritten
law justified Mrs. Birdsong's act, and
they secured a strong position In their
client’s favor through tne court's rul
ing. ,
This ruling was asked by the de
fense in cross examination whether
lir. Butler had ever told him of hi*
relations with Mrs. Birdsong. The
Jury was sent from the room and w
sharp) debate began upon the admissi
bility of this evidence. The prosecu
tion argued that the physician's state
ment! could be no Justification for hid
Judge D. M. Miller, presiding over
the case, ruled first, that it would
admissible to show tho condition _ _
Mrs. Birdsong's mind when she kllleif
the physician, and, second, that Bucfcf
of Dr. Butler's statements about her
character as reached her ears will bg
admitted as evidence bearing upon he#
mental condition. Judge Miller, how
ever, declared that he will require of
the defense evidence to prove that each
of the statements admitted were re
peated to the defendant.
The remarks about Mrs, Birdsong
were based on notes alleged to have
been written by her to Dr. Butler.
These notes were not introduced as
evidence today, nearly all the time «f
witnesses being occupied In testimony
of several eye-witnesses to portions ol
the shooting. Mrs. Birdsong fired sev
eral shots pursuing Ur. Butler through
his residence.
Mrs. Birdsong appeared calm and
self-possessed at today's session. Her
husband, who has been indicted as an
accessory, but who is not on trial,
manifested keen eoutern in the event*
of the day. __ ...
Prominent person* from many ‘pin tV
of the South gathered here for the
trial. Although the trial has been re
moved by change of venue from Mon*
ticello, Miss., where both Mr* Bird
song, and Ur. Butler lived, jet the bit
tor factional feeling and taking of
sides with one or the other of the
prominent famine* to which each of the
principals belongs, has followed this
case oven after a lapse of more than
a year from the time of the physician a
Unwritten Law Again.
The so-called “unwritten law" i* ac
cording to the fact* develyped In the
preliminary hearing of thi* ca»e, tho
main issue which will be fought over
In behalf of Mrs. Birdsong. It was
testified at this hearing that Dr. But er
was the cause of disparaging stories
in circulation In iiontlceilo about Mr*.
Birdsong. .. ...
A legal battle royal upon the right
of the woman to avenge herself delib
erately is expected, with United State*
Senator A. J. MrUiurln leading the de
fense and former Governor of Missis
sippi Uongino heading the prosecution.
To add to the excitement there are
many rumora that personal quarrels
which have grown out of the unfortu
nate shooting are likely to be settled
during the progress of the trial.
Tliero are about alxty witnesses and
it Is expected that the case will con
sume all of this week and perhaps tho
greater part of the next.
The first witness was W. Ml. WII
llams of Monticello, who testified that
lie saw Mrs. Birdsong fire three Shota
at Dr Butler after two shots had been
fired in the Butler office. He said that
after hearing the first two shots.hs
saw Ur. Butler run out of his office
closelv followed by Mrs. Birdsong. who
tired one shot accidentally and then
three deliberately at the spot where
the doctor had fallen.
Witness was asked by the defense if
Butler did not have a reputation for
looseness of morals, hut objection was
made by the State and sustained.
Witness said Ur. Butler had never
told him he had had Improper relations
with Mrs. Birdsong, hut that It was his
(Williams') son who had previously
testified to that statement.
*l*ty Per Cent of Hoad lm»rov«i».l
Oolr Temporary.
Muskogee. 1. T.. Dec. 6 —Th« Nation
al Good Hoads Association, continuing
Its session here today, fifteen Statea
being represented
'1'he President. Col. W. H. Moore. said
the association sought wiser expendi
tures of road funds. Sixty per cent of
the $66,000,000 spent annually In tn
I'nited States was wasted. Only 6 p*P
cent of 3.500.000 miles of road in the
country are good roads.
It K Kern of St. Louis, It. EX Smjth
of Sherman, Tex.. W. W Higgins of
Waco Tex., and qeorffa T. Nicholson,
Third Vice-President of the Santa Fe
Hall road, addressed the convention.
--»- *
Jacob Schlff W ants Put Down of Euor
moil* IlnlM.
New York. Dec 6—On motloti of Ja
cob II Soli iff. tlie Chamber of Com
merce today adopted a resolution 1"
11 rue ting Us Finance Commlttca to
recommend measures by which the call
money rate on i he New York exchange
may be better regulated.
vf. schlff commented on the enor
mity "f rates of call money fluctuating
Horn live or six per cent In the morn
ins iwenty-five and thirty per cent
In the afternoon, and said something
should be done to prevent this condi
tion. __________
W ants Packers to Pay.
Washington. Dec. 6.—Senator Bev
eridge Introduced a bill today to amend
ll„. meat inspection act by requiring
Hut the cos( of inspection ho paid by
the packers Another amendment re
quires that the date of Inspection anil
i packing or canning shall bo placed on
j each packajf

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