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THK T1MJSH POUNDBD 1886.
THfi DB'.I'ATCH FOUNDED 1RG0. WHOLE NUMBER 17,< )'H). RIOHMONI), VA., TUEb5I);VY, APIML :',(), .1907. PKICE TWO CENTS. Court Gives State Power to Rcgul.'ite Passenger Schedules ONE LINE MUST SERVE ANOTHER ln North Carolina Case Supreme Court Decidcs in Kffcct That Traius <>f ()nc System Can De Forced to Conncct With Traihs bi Another. WABIIINOTON, D. C.'., Aprll 20.?The Supreme Court of the Unlted .Stntes to? day decided In effect that the rallroad commlsslon of the Htnte of North Cnro? llna con compel a rnllrond company op? eratlng In that Suite to so adjust its schedulo ns to flccommodate passengcra on other llnes from nny particular part of th.- Stato. Th.' opinion was dellvered by Justleo Wlilt'-. In t!:.. case* <,f th.- Atlnntio Coast I.lne Railroad Company vs. thc Corporatlon Commlsslon of North Car? olina. The case arbse OUt of nn Order, Issuod by th.- commlssioners dlrectlhg the railroad company to mnke connectlon at Hi'lma nt 2:25 I'. M. wlth a traln on an? other Ihi" running from the eastern part of the State, wlth the object of acedra> modntliiK posscngera whose de.stination waa Raleigh. The rallroad company reslstedjthe or? der on the Krnund that It eould not be compll'-d wlth wlthout putting on ;i spe? cial traln, whlch would Involve extra ex pense. Thls, it was contended, amounted to taklng property wlthout duo pn.s of law. Th-- commission justli).-<i lts courso on the ground tbat rompllanco wlth th>- order was- necessary ln order t . accommodate a !an;o part of the'pub? llc. The Supreme Court of Nortii Caro? lina held airalnst tlie rallroad compnny. and lts dr-clslon was atflriii.-.i by to-daj s .."tion of the Buprcnie Court of tho t'nltnl States. en the ground that tl-.. ord< r of the commlsslon doea not offect rates. but Is a. propc-r tirt of S'ato reg? ula tlon. Justice White dl.-ciiFS.-d at leng-l'j the CQntentlon of the railroad company that the case lnvolved rates In anv way, and b ild: Does ** *? Involve Rates. "Thh- , doea not involve enforce ment by a State of a general scheme of maximum rates, but only whether nn exercise of Stato authorlty to com? pel a rarrler to perforrn a particular nnd specllied duty is so Inherently un jiist nnd nhreasonabla no to nmount to the deprlvatlon of proporty wlthout due process of lnw or n denlal nf the *?<iual protection of tho laws. In a case involving tho valldlty nf an order en forcinc a acheme of maximum rates. t.f course the tindlng that the enforee inent of such schemo wlil not produce an adoquate return for the opirntion of the rallroad. ln and of ltself, demon Mrutes tho nnreasonnblenoss of the order. Such, however, ls not tho case -when the questlon ls as to the valldltj of an order to do n particular act. tho dolng of whlch does not Involve the questlon of tho profltabloness of the operation of tbo rallroad as an on tirety. Hut even If the rulo appllcahle to an entire rate scheme wore to bo here appllod, as tho flndlngs made be? low as to tho net enrninfrs constrain us to concludo thnt ndoqv.ate remu neration would result from the general operatlon of the rates in force, even ullowing fnr nny loss ocrasioned by the running of the extra traln in question. it follows that lhe order would bc ttn reasonablo, even lf tested by tho doc? trinc announced in Smyth vs. Ames and kind red cases. . . . Public Has Rights. "It does not directly involve any nuestion whatever of tho power to ftJC rates nnd tho constitutional llmltattotr controlling tho exerclso of that powei. but Is concerned solely with nn ord< r dlrectlng a carrier to furnish a faclllty whlch lt ls a part of lts gonernl duty to furnish for tho publlc convonionco. "The distinrtlon between an order ro latlng to such a subject and an ordor lixing rates coming within olthor of thc hypothosos whlch wo havo stated is apparent. Thls Is so because, as tho prininl duty of a cnrrlor is to furnish adequato facllltlos to the public, that duty mny well bo eompellod, althoufrh by dolng so as an incldent. somo pecu ninry loss from renderinjj such' ser? vice mny result. It follows, therefore. that tho moro incurring of a loss from tho performanco of such a duty does not in und of itsoif nocessarily glvo rlso to tho conclusion of unrensonablo noss, as would bo tho caso wluyo tlio whole schemo of rntes was unreason .ililo undor the doetrinn of Smyth va. Ames, or undor thn concesslons made in tho two proposltlons wo havo stnted. Of courso, the fact thnt thc furnishing of a necessary facllity ordered may occasion an incidentnl pecuniary loss ls an Important crlterla to he tnlion into vlow In determlninpr tho renson ublonoss of tho order; but it Is not the only one. As tho duty to furnish nccessary facilltles Is contormlnous ?with tho powers nf tho corporatlon, tho obligntion to dlsbhargo that duty must be considered ln connectlon with tho nature nnd productivenoss of tho cor pornto business as a wholo, tho chnr nctor of the servicos required, anil tho public noed for its porformancc." CALLED CRIME JUSTIFIABLE MACON, OA., Aprll 29.?At noon to? day I., D, Strong, manager of a Inrge mercuntllo storo in thls clty, wnlked into tho prlnting olllco of Ilenry D. Smith nml shot hlm llvo tlmes, Whllo tho tragedy wns belng onuetod tho K rurnl jury found nn Indlctmont ngnlnst Smith for tho ruln of Miss Lllllan Strong, sistor of tho slayer. Tho girl liad boon worklng for Smith for sov cral months. Smith llved n fow mln utos?long enough to dony tho glrl's acciisntlon. A coroner's jury roniiered a vordict of justilluble hotnlcido, PRESIDENT ROOSEVELT ADDRESSING MANY THOUSANDS ASSEMBLED ON PARADE ON THE DAY THE JAMESTOWN EXPOSITION WAS OPENED FOR JUNE 28TH Thc Committee Arrivesat Decision in a Bricf Session. LEAMAN WOULD ABANDON PRIMARY Offers Rcsolution to Have "Free for-All" Race at General Election?Evans Would Subtnit Question to thc Peo? ple. By a practlcally unanlmous voto, ti City Democratic Committee last night declded to hold a legallzed primary for tho nomlnatlon of candidates for both branches of the Leglslaturo and members of tho Clty Doniocratlc Com? mitteo on Friday, Juno 2Sth. The matter was qulckly dlsposrd of, and caused but llttle debate. Several dates. ranpring from June 11tli to July Oth woro offered, nnd finally that men ttoned abovo was agrood to wlthout di? vlsion. Tlie action was a groat sur? prise to many, as an oarly dato had been generally expected. In tho meantime, howevor, a strong effort had boen made to got through a rcsolution not to hold a primary, ot all, but to havo a "freo for all rnce" at tho general election in November. Abandon Primaries. The matter camo ln tho shupo of the followlng resolutlon, v/hlch was pre fiontod by Mr. William 1*. Leaman; ol Madlson Ward: "Whereas, the holdlng of a primary election for the purpose of nomlnat Ing candidates for the Senate and House of Delegates entails great ex pense upon the candidates, and In ad? dltion, the multlpllclty of elections due to the holding of unnecessary prima? ries causes cltizens to lose Interest in public affairs; therefore, be It? "Resolved, That It Is the sense of thls committee thnt nc- primary be "held for the nomlnatlon of candidates for the Senate and House of Dele- ' gates." The resolutlon was briolly debated, tlie patron und others advocating its adop? tion, und Chalrman Dpherty, Secretary Duke nnd others opposing it. Thero was no direct voto on the resolution. Itself, but the offoct was tho same. Mr. "Welsh offered u substltuto, whloh ?wns adopted,' providing for a. primary on Juno 2Sth, and thls dlsposcd of tho paper prosented by .Mr. Leaman. Mr. W. A. Evans wisliod to hnvo Q rosolutlon adoptod allowlng tho pooplo to voto In tlie election of June 28th upon the (tuestion of-dolng away with clty prl mniles in tlio future, but Chalrman Do lierty rtlled thai the meeting was a spo? clnl one, and no business savo thnt stated In tho oall could, thorefore, properly como up. Tho Committeo on TMuus wero in structod to procod with tho work of frnming plans lor tho primary, and tho body ndjoiu-ncd to meot on tho call of the chalrman. Another meeting wlll probably be held ln ubout two weeks to consldei- tho report of tho Commltteo on Plnns. A largo number of the loglslntlva can? didates, inoludlng Mossrs. Folkes, tlnr miiii, Wlngo, Ourtls, Peyton, Pullor. Glonn and others, woro In tho lobby of Murphy's whlle tho meeting waH bolng hold ln tho Annox. Tho rosolutlon of Mr, I.euman and tho effort of Mr. Evans to get nn ox prossion on tho samo subject would Hoom to foreshndow a flght on tho primary systom In HIchmond, hut if Mr. Hviin's plan ia adoptod and tho pooplo nrn allowed to si'muk, there ls a wldo nnrend bollef ln politlcal circles thut tho system will bo rctaincd, PRESIDENT AND MRS. ROOSEVELT ENTERING EXPOSITION GROUNDS. KILLED WOMAN WHO Enraged Suitor Then Sent Bullet Crashing Through His Brain. FOLLOWED HER TO AMERICA PHIX.ADEI.PHIA, April 29.?Martha Korais, a comely Prussldn girl, wns shot and instantly killed hero to-day under unusual clrcunistances by Frnms | Endrukat, an enragod lover, who, after murdorlng tho girl. sent a bullet Into his own brain, inlllcting a wound from whlch ho cannot recover. Endrukat, who was angry becauso tho girl would not marry hlm, followed her to this country from the Prpvlnco of Pomer atiin. in Hhonlsh Prussla, where, four yenrs ngo, ho attempted to kill her by bcatlng her over tho head wlth a hatchet. Aftor thls attempt lie cut 1-is thrdat ln an effort to end liis life, aud ufter IviiiK for four months ln u hos? pital, aecording to tho information given to the coronor, lie wns sentenced to on.- year and Olght months' 'Irnptis onnieiu. How he got Into this country wlth a penal record hns not boen as certalned. After the assault ln Buropp, Miss K'o rals, who was the daughter ot" a phy? sician, nn.l a scbooltoacher, calho to PhUadolphla. Kndi-uliat, dosplto thn reftisul of th.' girl to many hlm in his natlve country, followed her to America. und to I'hlladolphln. lie went to wark nt Ornmps' shlpyards, aml boarded in tlu- nortliom soctlon of the city. Miss Korais SQoiirod a place ar, muid in tho homo of August lUiiiistoin, In thu southorn section of tlie clty. Met Her by Chance. ISndrukul met the girl by clia'nco In tho street on XCasfor, lind Imiru'dlately omleiivori'd lo ronow his attentions. lie waa repulsutl, He followed hurubouj and tlireatonod to klll her unlcss sho marrled hlm. Finally Miss Korais cniisod a warrant to bo issued for hls urrest, but at the lust miniito sho di - cilneii to prosecuto hlm. ? *13ndl'llkat to-duy met Miss Koraln I <Contluuod on ticvpnd 1'age.) GIRLS DROWN. BUT ESCORTS REACH SHORE Pleasure Boat, Hcavily Ladcn, Sweeps Over Lookout Shoals. [Speclal to Tho Times-Dlsyaich.j CHAHLOTTE, *"*. C, April 29.?News of the truglc death of two young la? dies of Shiloh township, reaeh? od licro thls mornlng. Yesterday af? ternoon botween 3 and 4 o'clock, a boat on tho Catawba Rlver contalning Miss Sallle Fulbright, Mlss Ellza Goble and a younger sistor of Mlss Fulbright, and I Messrs. Dan Mooro and Boyco Johnson, was swopt ovor Lookout Shoals, a fow milcs abovo Catawba Station, and Mi?s Salllo Fulbright nnd Mlss Goblu wore drowned. Tho men managed to savo themselves, and Messrs. Ed Lippard and Oscar Slgman, who wero on the bank, swam out nnd saved the younger Fulbright glrl, who had managed to get hold of tho hunt. All tho occu pa'nts of tlu* boat wero returnlng from Pirioy Grove Church, Catawba coun? ty, whero th.-y attended servlces. lt 1 reported that tho men hnd boen drink? ing, and lost control of tho boat. Tho. bodlos of the glrls hud not buon ru covered oarly thls mornlng. SHOT TO DEATH BY WHITE MEN CegroAVlio Killed Travc'ihg; Man Qiiickly Riddlecl Witli Bullets. COLUMUl'S, GA? Api'lj 2!),?D. B. Mllcholl, a Columbus tinwllng man, was shot lu tlio anu at l'iltsvlow, Ala., to? day hy a nogro a.imod "Ehh" t'alhoun. Calhotm later was shot to death by a miniber nf while mon, sovon or eight partlolpiulng. Tho Hhorlff and ti posse havo gono to I'ittsvluw. Tho tluliblc was HtarU'il by C'nlluiun's son runnlng agalnst a whlte wotiwu ut PHtSVlOW yeu torduy. MISS LOVING CLEARS YOUNG ESTES' Nl] Wrixes Letter to Friend in Char lottcsville, Saying Iie Offered Her No Indig'riity.' ESTES PERSONA NON GRATA CHARLOTTESVILLE, VA., Aprll 20. ?Little by little Important facts In tho Lovlng-Estes case aro leaking out. Tho most recent dlsclosuro comes through un important letter from Miss Ellza? beth Lovlng to a girl friend in this city, writton tlio latter part of last weelc. Tho letter. it ls sald. doclnros tho wrltor's amozemont at hor fatlier's act, and fully exonorates Theodoro Estes. Miss Lovlng, it ls said, defends tho nieniory of tho ylctlm to tho ex tont of testlfying that hb had always treated her wlth courtosy und con sidcratlon. Slnce tho tmgedy Judgo Lovlng und hi.s family have llved In seolualon, and no statemont frqni them hns reached tho outside world untll Hus lottor, whlch disclosba tho extreme unhuppi he'ss of the entire family circle. lt [s alleged that Miss Lovlng used tho word "erazed," as doscrtptivo >>i" ihcli montal an.l nervous condition, lt ls sald tn bo an opon secret in tho socllll llfo of Nelson county that Judge Lovlng had alwuys boen opposed to'saclal iittenUons of yuiing Estes to hls daugh? ter; that tlu- moro foot of hls daughtor havlng gone lor a drlve wlth the young num was sulliel.-nt to cxclte him greatly. A Nelson county nian, I'.iuilllai- with all the siicial and polltical currents there, this mprning expressed tlie bollef that it would im Impouslblb to try tho case ai Ixjvingsto'n. Feellng is rimnlng hlfch in tliat county, an.l is dgijravated by eliinnlsh and polltical jttitlpnthlos. The .?ns.- i* quite HU.-ly io be romoved to l.'harlnltosvlllo. Too Many Weapons. Mary Hpporsoh, colorbd, wus unvst ...1 Saturday by oilic-r L'oto Bolton, who found her carrying a concealed woapon, n pair of knokluu aud a knito, Tho womun illillv too" much uriiiuineut for 0110 person, an.l Qlnoev H.-ltoii thought he hud lielt'T pluce her w.hcro sho could "do no hariu. Shu tipP0|irod 111 tho I'olice Cpui't an.l JllstliH! I'ruli-Hii.l.l .::ucd hur lieuvk7 .uid aunt, her tu .mil. Court of Appeals Affirms Decree of Lower Tribti nal in Missouri HEAVY FINES ARE TO BE IMPOSED Armour, Swift, Morris and Cudahy Must Pay $15,000 Each for Accepting Concessions on Forcign Shipments. Suit First of Kind. ST. PAUL, MINN".. Aprll 20.? Judge Sanborn to-day filed tho oplnlon of tho United States Clrcult Court of Appeals, which he had wrltten, allinuing the jtidg ments of tho Unlted States District Cou.t for the Westem District of Missouri against Uio packers for accepting conces slons of twelvo cents per hundred pounds from tho portion nf the estnbllshed rate for tho transportation of provlsions on through bllls of iading from Kansas Clty to Chrlstiania and othor polnts In forelgn countries. Judges Hook and Ad? ams coneur tn tho oplnlon. Tho lower court imposed a penalty of $15,000 on each of tho Indlcted ilrms, and these lines have been afflrmod. Tho defendants involved In tlio decision aro Armour Pncklng Company, Swift and Compnny, Nolson Morrls and Com? pany, Cudahy Pncklng Company. Tho casos aro tho flrst of tho so callod rohnto cases hrought by tho United Statos agalnst the packers, to bo determined by tho appollato court, and*~wlll form tho basis for futuro action untll the Supremo Court re views tho decision. Tho substanco of tho concluslons reached by the court are: Conclusions of Court.. The giving or recelving of a rebate (Continued on Thlrd Pago.) NOWORD FROM ORIENTE'S CREW Sixtccn Members Lost Somc where Off North Carolina Coast. [Spoclnl to Tho Tlmes-Dlspatch.] NORFOLK, VA.. Aprll 83.'?The bark Orlonto, whloh went ashore on the North Carolina coast in tho denso fog Saturday nlght, Is tho Portuguoso ves? sol of that namo, so lt was learnbd to-day, and not th Spanlsh, as was at flrst thought. A hot th* was plcked UP on tho beach not far from whoro tho I bark went ashore, nnd in it was a I noto wrltten by ono of tho crew. which f Stlltetl that they had ah.iniloiio.l tho I vossel and tnkoti to tho small boats. Tlu-ro woro slxtoen menihera df tho ctow, aml nbsolittoly nothlng hna boen j board from thom hy uny of tho llfe j saving statlonii along th.* coast ln tho vlclnlty of whoro tho OrlontQ was I hoachod. It ls pi-ohnlilo that thoy drlfto.l out j to SOll and woro piokod up by a pass ! ing Htoamor; othorwlae thoy may havo I boon lost. Tho llfo-savors uro keoplng a shai'P lookout for tlioiu, aml uro I ready to render iisslstiuioo at any mn imotit. I Tho sea was calm to-day. und thu ; bark can bo saved should astustanco I r. ach hor bofove rougll wettlliot* acU i in. TO BE AT JAMESTOWN English Flcct Will Tako Cruisc Sunday, Return ing in a Few Days VIRGINIA DAY TO SURPASS OTHERS Home-Coming Week Will 130 Celebrated in Most General and Appropria'tc Manner. Mrs. Swanson "Hostcss of thc Na? tions." (Special from a Stnff Correspondent.); .1 A M IvHTOW'N EXPOSITION GROUNDS, Aprll 20.?The four Brltlsh war-shlps, under command of Admlral Ncvllle, will sall from Hampton Roads on Sundny afternoon. and after a crttiso up und down tho Atlantlc seaboard wlli return to Jnmostown to meet tho great Brltlsh cruiser Dreadnaught, tho pride of the Engllsh Navy, and the largest warshlp ailoat. The I-lngllshmon have recolvcd jiii warm welcome, havlng boen cntertain.. ed by the oflicials of Jamestown Ex? posltion, and having dinetl wlth tha President at "Washington and havlng rScelved numerous other courtesles. Admlral Evans will entertnln all tho vlsltlng olllcers on hls llagshlp, tho" Connecticut, on Saturday, when Mrs. Swanson will receive. On I'^riday af? ternoon the Engllsh ofllcers glvo a hop on board the Oood Hope, Admlral Ne* illo's llagshlp. to which all tho Amorl? ean olllcers havo been invited. Mrs. Swanson is arranglng to give a party on board the Virginia Stato yacht, "Cnm-modore Maury," in honor of tho forelgn olllcers who nre anxlous to vlslt Jamestown Island on Jarnes Rlver. It ls posslble the trip wis be made" on Thursday. The Hhode Island State Bulldlng will be dedlcatcd to-morrow morning at 10 o'clock. All of tho olllcers and directors' of the Exposition Company, as well as the hends of tho departments, havo been invited to attend the ccrcmonics, the program for whlch ls belng made up to-day. An intluential party from Rhode Island will be on hand to par ticlpate In tho ceromonles. Tlie government oflicer.s and oflicials of the Jamestown Exposltion Company. together wlth President Tueker, left the grounds this afternoon to pay tlmir respects to the offlcers of tho for? eign war-shlps anchored in tho roads. No Strike; Men Working. Aecording to a statement mndo thls morning by Alvah II. Martln, gover? nor of trnnsportiitlon at the James? town Exposition, there is no strike bf the nc-gro workmen who wero eiigaged In movlng the exhibits from the cars to the exhlblt buldlngs. and' every? thing In that department ls running nlong smoothly. "We have mado no ro duction ln the wages of those men'.* sald Mr. Martln, "und do not contem plate dolng so. There was somo trou? ble Saturday in gettlng the men ln the gato sbecauso they wore required to pay $1 for the passes. but thls has been remedled. and wo have our usual number of men nt work." It has been stated that the wages oC tho negro workmen movlng tho exhi? bits had been reduced by tho Exposl? tion Company from $1.75 a day to $1.50 and thnt tlio men had gono on a strlke ns a result. lt was also stated that other men had been secured to take tho places of tho strlkers. but that they refused to go to work becauso they were required to pny $1 for the passes into tho Exposition Orounds. At tho exhlblt department thls morning lt was said that tho matter was entlrely In the hands of the transportation division and that nothing was known of a t!e-up: then It was that Mr. Mar? tin denied that thero was a striko* In explaininfr how tho workmen ara enabled to get Into the grounds, Mr. Martln .-aid that they are required to pny $1 for a badge of admlssion and thut tho dollar Is refunded them when thoy turn in tho badge. MAKE VIRGINIA DAYA SUCCESS This Is Aim of Governor, and Rear-Adiniral Evans Promises Great Naval Features. rSpeeiHl From n Staff Correspondent.] J A MGSTOWN EXPOSITION GROUNDS, VA.. Aprll 29.?VirciniaDay Is to bo the greatest State day at tha. cxposition, not even excepting Georgla Day, whlch will see tho return of Pres? ident Roosevelt, to open tho Stftto Bulldlng, named ln honor of his moth? er. On Virginia Day there will gather the "homo-comers" from all sections ol" the country, and tho crowd wlU far outnuniher tho opening d?y. General C. C. Vaughan, eommandinff tlie Flrst Uriga.de of Virginia troops, will havo encamped here moro than j.noo olllcors and mon, besldo tho 2,00-J regulnrs who aro already in camp. To thoso will be added tho Jac-kios, tna rines and sailors and soldlers from for oign ships, whlch will ho anchored ln Hampton Roads. Navy to Honor Virginia, Admlral Evans, a Virginian, h?i promisud Governor Swanson that thn dny shall bo tho occasion of a great naval exhibition. "I will see thnt Vir Kiiiiu ls honored by tho. navy tho 13th of Juno," sald tho admlral in conver s-ntlon wlth tho Govornor yesterday. Govornor Swnnson will como Into the Itouils on board the Virginia Stato yacht Cpmmbdore Maury, Hying tho llag of tho Chiof Executive of tho Stato. A Governor's saluto of nlnotecn guns flrod by the varlous American and forelgn war-shlps will welcome Uh* Exoolleney, who will st. um down tho line ln review und rocelvo tho forolgu and Amorleun olllcers on board hlrf yacht. On landlng. tho Governor will bo received by I'resiil.at Tueker and thu, otllclala ot thc exposltion, together wlth tbe army und navy olllcors BtatlonodJ hero, aftor which ho will doilv.ir an , addiesu at Lou i'urudu and rcvltiw lo*