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WOJDHOWWILSON IS FIRST CHOICE OF CONVENTION Preferential System of VotingPuts HimAhead on Test. JUSTICE HUGHES CLOSE SECOND Municipal League Gets Explana? tion of Plan by Which So called Primary Evils Are Eliminate d?Dr. Levy Talks on Local Health Problems. Woodrow Wilson received a major? ity of the votes cast yesterday after? noon when the National Municipal League resolved itself r.ro tempore j Into a political convention for the pur- i pose of making practical application 1 of the preferential system of voting i advocated l.y the first speaker of the ' afternoon si salon Reginald Mott Hull, j secretary of (he Cambridge Taxpayers* Association, in his address on "Prefer? ential Voting." The ballot handed to the delegates contained the names of the thirteen men In the country most frequently mentioned ss presidential possibilities, and Included such heavyweights as Charles K Hughe.-. Champ Clark, Jo? seph W. Folk, Robert M. La Follette. Woodrow Wilson, wiiiiam Jennings Bryan and Theodore Roosevelt. Presi? dent Taft wa.- not on the-slip. The delegates were asked to pick their favorite for some high administrative office, and to Indicate their second and third choice, a.-, provided for by the I specific form of ballot under discus? sion. Wilson Ural? the Field. The result was the election of the New Jersey candidate, who received almost three times as many llrst choices as his nearest competitor, Su? preme Court Justice Hughes. La Toi? lette finished a close third, with Roose? velt safely ensconced In fourth place. Champ Clark and Joseph W. Polk fin- j Iched lamely In fifth and sixth place, respectively, with William Jennings Bryan enjoying u strangle hohl on the j teven|h corner In the hearts of his countrymen. That the slate of thirteen did not j entirely provide for the catholicity of last? In the convention was evidenced by the fact thit two lonesome votes were registered for Debs, who was not one of the candidates. Whatever sig? nificance the election may have had In the way of showing the political com pll \!o;i of the convention. It was an admirable experiment with the prefer? ential ballot, and convinced the voters of Us practical usefulness. ICIIinlnntra Primary System. This system, tirst advocated and put Into practice by Senator James W. I T'uokltn. of Grand Junction. Col., and since adopted by Spokane, Wash., and ' Pueblo. Col., Mr. Hull urged, eliminates the primary election, with all its ac- | conipanying evils, and enables the vot- ] rrR automatically to get behind an ac? ceptable candidate without compli? cated machinery. "It enables the voters," explained Mr. Hull, "to arrive at a majority choice Irrespective of the number of candidates, provided there is any one in the list of candidates acceptable on any terms to a majority. If there Is none such In the list, it Is obviously not the fault of the preferential bal? lot. Resides, we get the next best thing, and the only thing possible with that list of nominees, a legitimate plu? rality election?1. e.. a plurality elec? tion based on a full and free expres? s-Ion of choice by the vote In place of the customary one in which a voter with only one choice must vote against nil -the candidates hut one. although thorc muv he several excellent names in the list." The speaker presented statistical tables of the Spokane election under this system, showing that it is en? tirely practicable In large centres ot population. The address made a deep Impression, and was freely discussed by the delegates. Municipal Health. Municipal finances and health formed the general topic of discussion at the ?"morning session of the league yester? day. Which convened at 9:30 ./clock, with William Dudley Foulke presiding. Business began with the. reading of the report of the committee on city finances und budgets, by George Burn ham, Jr., of Philadelphia. He was fol? lowed by Dr. W. \V. Wllloughby, of the President's Commission on Econ? omy ami Efficiency, who presented the report of tho committee on a program for the Improvement of methods of municipal administration. Both re? ports, as well ns tho addresses on kin? dred topics which followed, were part of a series of papers designed by the league to give tho Interested public nnd the cities of the country a compre? hensive statement of what has .been done and what is being done In the way of establishing municipal finances ol the city upon n firm and easily under? stood basis. The other papers of the morning ses? sion were "The Results of the Require? ments of Uniform Reports. With Spe clnl Reforcncc to Municipal Indebted? ness." by Charles F. Oottemy. director of the Massachusetts Bureau of Labor; "The Duties of ft Controller. With Spc dm Reference to independent inspec? tion of Municipal Work." by John M. Walton. Controller of Philadelphia, snd "Economy and Efficiency in Muni? cipal Health Administration Work.' read by M. N. Baker, of New York, In tho absence of its author, Sclskar M. Gttnn, assistant professor of sanitary (Continued on Soventh Pago.) City to Entertain Presi? dent at Jefferson Hotel on Monday. HENRY ANDERSON TOASTMASTER Distinguished Guests Will Motor in Afternoon to Seve.. Pines. Address at Road Congress in Morning and Speech to University Alumni at Night. j Pleas for the entertainment o! President William H. Taft o;> the oc? casion of his visit to Richmond next Monday wen- perfected last night at a Joint ?meeting of the special Council committee "n the subject, und of a committee composed ?.r a number of : citizens. The President will arrive in j Richmond at 10:45 A M from Wash I Ington; will address the Good Roads! Congress at 11:30 A. M.. and will be' the guest of the city of Richmond and ' a number of citizens at luncheon at { ' the Jefferson Hotel at 1 P. M. An ; afternoon motor trip to the battlefield of Soven Pines has been arranged at , the special request of the President.! At 7 o'clock the President will attend the annual bunquct and reunion of ! the University of Virginia alumni at j the Commonwealth Club, returning to Washington later that night. Spends Afternoon Here. Arrangements for the stay of the i President In Richmond partake some [ what of an emergency character. :-ln'e from preliminary unnouncomt-iita I j It bad been understood that the Presl- I I dent would be here only long enough to address the Good Roads Congress. I Ills acceptance of an Invitation to! speak that night before the University of Virginia u-lumni implied his spend- ; Ing the afternoon In Richmond, and both the Citizens generally and the | City Council took action in the mat? ter- When the special committee of the City Council, consisting of II. it. Pollard, Jr., chairman; President Pe? ters, of the Common Council; Council? man F. M. Read?.. President W bittet, i.f the Board of Aldermen; Aldermen W. J. Gtlman and Mayor Richardson, met last night. Business Manager Dabney. of the Chamber of Commerce. I and Henry W. And et.son presented tentative plans for the entertainment I ot the President, the citizens' commit j tec having tHken up the matter as an I emergency measure while waiting for I the Council to act. Wants to Sec BnttlrHelds. Anticipating the co-operation of the ! City Council In the matter. Mr. Dabney went to Washington several days ugo |and consulted the Prr-.-.ldent as to his j wishes In the matter. Mr. Taft was given his choice of n quiet afternoon ? I of golf at the Country Club or u lunch- J eon. at which many of the pssimlrtent I men of Richmond will be present. Reminding Mr. Dabney of former ! occasions when he had been pleui antly entertained in Richmond, the President chose the latter and Indi? cated that If It were possible he would desire to visit one of the battlefields near the city. A'hen here last year bo was taken over the Held of Vellof/ Tav [ crn, expressing the greatest interest, and in view of Its proximity, it was agreed that he should visit the Hold of Soven Pines. Luncheon Limited to 300. Tho matter of the luncheon, In view 1 of the short time for Its arrangement, presented the greatest problem, and the plan presented by the citizens' commlt ! tec was enthusiastically approved. Many well-known citizens have been Invited to take part In u subscription luncheon lendorod to the President, and about ISO have so far accepted. The Jefferson Hotel dining-room will seat i 300, which is the limit placed by the committee. The Council committe? agreed that the city will provide seatJ for the. sixty-five members of tho City ' Council as the hosts of tilt occasion, for the fourteen immediate members of tho President's party, for the Mayor nnd certain general officers of the city, the Governor of Virginia and for the judges of the various Kederal, State nnd municipal courts in Richmond, for the j Richmond delegation In Congress and in the General Assembly, and for twenty tickets to be delivered to Pres? ident Log^n Waller Page, of the High-i way Association, to bo distributed as ! he deems best among the officers and , distinguished guests of tho Good Roads Association. Altogether the city as? sumed 110 of the 300 seats, but tho spc-j elal committee and the Chamber of ' Commerce, which launched the citizens' f committee, both avoid the embarrass? ment of former occasions by issuing no general Invitations other than lo those who pay for their seats. Committee of Safety. 1'or the safety of the President while In the city, the committee appointed as a special committee on safety Chief of Police Werner nnd Police CommlS | sioneri. Gordon and Roykln, who will Iri requested to accompany the Presi? dent wherever he muy go during the day, not only to tho good roads con? vention and luncheon, but to the alumni j reception at night and on the motor trip to the battlefields. Captain Wright, of the secret service of Washington, has Indicated bis intention of visiting Rich? mond Saturday or Sunday, to go en? tirely over the route and arrange w'th Chief of Police Werner for full detu'ls of mounted, blcyclo and foot police to guard every point during the Presi? dent's stay In Richmond. Anderson In Tonnt master. Tho plan formulutd by the cltzehs' committee having- been- upproved by tho commfttee of tho City Council, and the two bocjios practically amalgamated for further action, tho invitations au? thorized to Counciltncn, judges and city offlcluls were mailed last night. ^(Continued on Ttr.rd Page.) FELON'S STRIPES INSTEAD OF FINES Drastic Punishment is. Proposed for' Trust Criminals.'' BILL DRAFTED BY HENRY, OF TEXAS He Proposes That Congress Shall Legislate Out of Sherman Law Supreme Court's "Rule of Reason," and Make It Dangerous to Restrain Trade. I Washington, D. C. November 1",.? "Felon's stripes'' as a punishment for] "trust criminals" In the United States ' to end "commercial piracy under be. nnvolcnt rules of reason" are proposed In a bill amending the Sherman anti? trust law. drafted by Representative Henry, ot Texas, to be' introduced In the House upon the opening of Con? gress noxt month. Its introduction probably will mean Its passage in ttio j House. The bill specifically dcllncs Just ! what constitutes a trust, legislates front the present statute the "rule of reason'' as Interpreted by the Supreme Court !n the Standard Oil and To- j haccu cases, and provides as punish- | ment for violation of the law linprls vnmcnt from two to ten years in the penitentiary. It will be referred to the Judiciary Committee. ; Representative Henry, who has been conferring with Representative Clay? ton, chairman of the committee, and other Democratic leaders, completed the draft of the proposed changes in the nmch-dlscussed statute to-.lay. j In explaining his hill. Represents-1 live Henry declared that actual Im-j prisonment of great Industrial offend? ers was essential to a cure for the 1 trust evil, and that a law to be rigid must of necessity define a trust to leave no room for controversy. No More "Itule of IleuKon." "My bill." said Mr. Henry, "nullllles the alterations which were not In the Sherman antitrust law unt'l tho docl-i slon In the Standard Oil and Tobacco, < ases of last spring. That Is. the bill legislates the "rule of reason' out of the law. and it dellnes specifically what a trust is. so that there can be no room for controversy. It makes I the violation of this law a felony with Imprisonment for not itra than two years nor more than ten years'. "Fines nnd dissolutions seem to be. child's play for the trust magnutes. Felon's stripes, where the violation is knowingly or wilfully done, will prove a potential remedy for those llagrant acts ? ! commercial outlaws. The Chi? nese antitrust law provided: 'Those who Interrupt commerce are to be be? headed." To behead such offenders in our country would be entirely too ex? treme, but to compromise with a pen Itcutlary sentence and a felon's . stripes as a punishment Is mild and ! should be administered to trust crlm- I Inal*- in the United States. My bill I justly exempts member of organlza- I Hons <>r associations not for profit j and without capital stock, and ulso ag? ricultural products or live stock In the hands of the producers or raiser. The first exemption as to labor was intended in the original change, and the second as to iicricultural products and live stock Is found In some State laws. These exemptions are right and should be made." A Trust Uenned. The proposed bill amends the first three sections of the Sherman act, leaving as they are sections four and seven inclusive, and adding two new sections. Section one is amended to de? fine specifically a trust and reads as follows: "Every contract combination in the form of a trust or otherwise, or con? spiracy, in restraint of trade or com nrerce among the several States, or with foreign nations. Is hereby de? clared to be Illegal: nnd that a trust Is a contract, or conspiracy, or agree? ment of whatever character, by com? bination against trade or commerce, or aids to commerce, of capital, skill, or acts by two or more persons, firms, corporations. Officers of corporations, or associations of persons, or either two or more of them, for either any. or all of the following purposes: "First, to create or cany out re? strictions In trade or commerce or aids to commerce, or to crente or carry out restrictions In the full and free and full pursuit of any business au thor'aed or permitted by the laws of the United States of America. "Second, to Increase or reduce the price of merchandise, produce or com? modities. "Third, to prevent competition in manufacture, making, transportation, sale or purchase of merchandise, pro? duce, or commodities or to prevent competition In aids to commerce, "Fourth, to fix at nny standard or figure whereby Its price to the public shall bo in any manner controlled or established any article or commodity of merchandise, produce or commerce intended for sale, use or consumption In the United States of America. ' Oin hl in. t Int. m Forbidden. "Fifth, to make, or enter into, or execute, or carry out any contract, obligation or agreement of nny kind or description by which they shall bind or have bound themselves not to sell, dispose of, or transport nny article or commodity, or article 'of trade, use, merchandise, commerce or consumption below a common standard figure, or by ?vhlch they shall agree in any manner to keep the price of such article, com? modity or transportation at a llxcd or graded figure, or by wh ch they shall In any manner establish or set? tle the price of any article, or com? modity, or- transportation between them or themselves and others to pro 1~ (Continued on Eighth Rage.) ACCEPTS BURDEN OF SAVING CHINA Yuan-Shi-Kai Will Take Up Premiership To-Day. HOPES TO CREATE ORDER FROM CHAOS Will Allow Revolutionary Prov-| inches to Keep Their Independ? ence Until They Can Be Won Back to the Throne Peacefully?Rebels Again Demand Abdication. Peking; Novombor is (1:38 A. M.)? Yunn-.Shl-Kul haa accepted tho pre? miership und will assume office prob-! ably to-day (Thursday). Yesterday's j official gazette contained an expres- | slon of thanks from Vuan-Shl-Kal to j the throne for hie appointment, but i the truth Is that he did not undertake the task without receiving guarantees that he would have practically a free hand in conducting affairs while he ' retained his official position. The new premier yesterday received several foreign ministers. Including the United States Minister to China, William J. Calhoun, who only re i cently returned here. In conversation I with a foreigner, Yuan-.Sht-Kal said ? he intended to form a Cabinet 'mme i dtately and endeavor to carry on the ? government by gaining the support of j as many provinces us possible, allow j irig the remainder to retain their in? dependence for the tltue being. It would be hiH endeavor also finally to win buck their allegiance to the throne. May Itrtlre to .Irhot. Another important development in tho capital was the issuance of an edict yesterday ordering Hel-Llang. formerly Viceroy of Manchuria, to as? sume command at Jehol, where the summer residence of the Emperor is situated. In placo of Hu-TIng, the Tar? tar general. This appointment has led Id the belief In certain quarters that the court may retire to Jehol. leaving Yuan Shi Ka| ns chief executive until the opportunity arrives for the court to roassume a measure of authority. San Pao Chi. the Viceroy of Shantung, has been elected president of the re? public which has been claimed in that province. Ills acceptance of this office is In accordance w'th the govern? ment's advice, und ?everal other vice? roys have gone with the people In the hope of Influencing the provinces later to renew their allegiance. The provincial assembly of Chl-LI has adopted a memorial to the throne In favor of the establishment of a re? public, with Yuan-Shi-Kai as presi? dent. Wu Ting Fang, secretary of foreign affairs In the provincial government of Shanghai, und other noted reform? ers have sent a telegram to the Amer? ican charge d'affaires here, asking the goc 1 offices of the United States in connection with the delivery of a demand for abdication. t ree Ills Abdication. The telegram, dated November 11, reads: "Kindly deliver personally the following to His Highness, the regent, Informing him that further conflicts between the Imperials and the people will cause needless b'.oodshed. If His Majesty abdicates we shall endeavor to afford safety to the court and pro? tection to their property. "'To the- Ilegent: Your manifesto, acknowledging guilt has been pub? lished, but the murder of the people continues more widespread than ever, which Is contrary to the mind of the nation as one. Opinions of intelligent foreigners agree that the constitu? tional government Inaugurated by the sovereign Is not suitable for tho pres? ent day China. You should follow the example of Yao and Shun. If you Im? mediately assist to harmpntzc the people and treat them on the princi? ples of wisdom. Justice and clemency, i the people will secure to the imperial | family peace and riches, honor nnd glory and not merely give peace to the Manchus. Otherwise the war will be prolonged and troubles will accu? mulate. The northern army Is cruel and Inhuman. How can the throne Stand alone? We utter this last loyal warning.' " This telegram Is signed by Wu Tins Fang, Tnng Wen-Chl, of Klang-Su, former vice-president of the Board of Commerce. Chang Chi 'En, former nd vlser to the Board of Commerce, and Wen-Tsung-Yon. former assistant Im? perial resident at l.h.i.ssa and now as? sistant foreign secretary. MitNNURe Not Acknowledged. The legation mudo no acknowledg? ment of the receipt of the telegram, and did not deliver It to the regent, but unofficially permitted Yuan Shi Kai to peruse it. Advices from Lanehau any that a telegram has been received from tho rebel leader. General I.I Yuen-Heng, in response to a message from Chgng Shao-Taen, commander of the I.auchnu troops, requesting a cessation of hos? tilities and outlining proposals for a monarchical constitution. General 1,1 says that the terrible condition pre? vailing is due to the corrupt govern- J ment, which (hero Is no hope of re (Continued on Eighth I'agc-.) Now returns the din? ner-giving season at our nation's capital. Read about some of the fam? ous feasts of ^winters past in next Sunday's Times-Dispatch. BEATTIE REFUSED RESPITE; GOVERNOR SAYS HE MUST DIE GOVERNOR BELIEVES BEATTIE IS GUILTY Uovcmor \\ ni. II. Staun. While I sympathize very profoundly nit fa tin- fmhcr of II. C. llenttlc, Jr., and vtould be glud t<> help him If l could d<> no with proper reward for the !? 111.if,- Interests, 1 onniml, ttitb any consideration for these Interests, Interfere with the due execution of the Sentence of the court In the llenttlc en nr. I followed that en.-r during the triul, and, hn It- horrible facts were developed, regretted thnt n crime no cruel und malicious rttiould fanvc occurred vtllhln Hie confines of tili? State. In the dcclnlon of every question which nan prc Ht-Dlril t? the able und Impartial Juduc ?ho pro sided at the trial he ??? careful to nlvc lite benellt of every rcnHonnhlc doubt to the prisoner! bin Instructions were iih favorable iin the coun? sel for the primmer could hnve expected| thnt Bp?/-. .^HpMB^r 1 I IC did iml err In (In- n il in I - - in n ill cxclllnloil ?t tvldence or In hin Instructions given to the jury In Bbuim In the refunnl of the Supreme Court of Appeal*, to errant u vtrll of error. There In no question of the honesty and vnlr iie-M of the l'ir"ri trying the case, nor Is there any question thin the defense, made fay lawyers of vhurnctrr und afallity, ofatulned for II. C. Ment tle, Jr., every mlinntiiKe guaranteed fay law to persons charged with crime. That Ucattlc In guilty of the wilful, deliberate und cruel murder of liU voting ttlfc I bnVc not the sllKlitcnt doubt, nor is It InMMcd tbilt there nhnll 1*0 ntiy urenler relief offered than the com? mutation of his ncntence to Imprisonment for lite. In the iiduilnlMtriittou of the duties of my olllcc I nm not required to consider the wisdom of legis. Intlvr enactments, but nm required to see to It thnt the criminal InWS nrc executed, unlnn there Nhnll be some facts or circumstances nrinlni; Mince the iit-tii n of the court, or some Impnrtnnt evidence cxlsllnc but not pre? sented to the court, tending to create tu the mind of a rrnNonable mim u substnnt'.nl doubt iin to the Kiillt of the prisoner. I do not think the it 111 dnvltn cf I'aiil llenttlc, printed In the pnPcrK, or nnjr other evidence or con? sideration brought to my iittcutlnu, Hufllclurt for that purpose. .Nor do I question the vtlsdom?I minht odd, the necessity?of cniiltnl punlNliment In ennen where bumiiii life Iiiin been wickedly and deliberately taken. On the .tniri. I believe that thin punishment In accessary for Ihr protection of society, und If ou n jut) would not hesitate In u proper roue to ngrcc to n verdict requiring life for life. I hnvc given 'thlN expression of my Views In order thnt the people of VlrKlnln may linderst und that I s\ III uof Interfere vtltb the verdicts of JurlcN mid Judgments of courts puulshlng criminals unless It shall plainly nPpcar to me tbut itrcnt Injusllcc ?ili in- done fay the execution of the Judgments, I hnvc been iiNkcd to respite the prisoner nud to nlloiv bint thirty days nt least from the declNlou of tfac Supreme Court. Ill-, appcnl to the court linn his own net, liiken to avoid the judgment of Che court of his own county, fanned on the verdict of his fellow citizens constituting the jury, und, I must think, with the purpose. If posNlblc, of nvoldlng the conse? quences of a crime of which he knows he Is guilt}'. Although counsel for the convicted innn have exercised all diligence, to ernni u respite In no plain n ease would he to set n prerrdent which I would Im- cnllcil upon to follovt, vtotild he to temporise vtltb the law nud to cncouriiKc nppculn to the Supreme Court ?Ith the sole purpose of gaining time. I believe the best way to prevent such crimes an this In to punish them ndequntely, certainly, speedily. Therefore the Judgment of the Circuit Court Of Chestcrlleld will fac carried Into effect vtltliout Interference from me. tSicned) WILLI A 31 HODGES MANN, Governor, KILGO PRESIDING OVER CONFERENCE Under His Guidance Methodists Transact Great ?m?'?iVt of Business. APPOINTMENTS DISCUSSED1 -? i Dr. Latham, of Centenary Church, Is Slated for Lynch burg Pastorate. [Special to The Times- D is pa tch. 1 Salisbury, Md., November 15.?Thai one hundred and twenty-ninth annual cession of the Virginia Conference of I the Methodist Episcopal Church, South, opened here to-day. with about 600 delegates in attendance. Bishop John i C. Kllgo, of Durham, N. C, presided, liev. S. S. Lambeth was re-elected sec? retary, and Revs. B. P. Llpscomh anil Frank L. Wells were re-elected assist? ants. Iteports of the presiding elders showed that during the past year there had been twenty-tour persons on an average converted for every members of the conference. Soon after the tap of the gavel at 9:30 o'clock called the conference to order, .'it was demonstrated that a master's band was In charge, more business being transacted at the llrst session than perhaps at any previ? ous single llrst session In the history of the conference. After the appointment of the nec? essary committees, Bishop Kilgo asked the twenty-second question, "Are all the preachers blameless in their lifo and otliclal administration?" and tho characters of the members of the con? ference were passed. The report asked for from tho pre? siding elders was different from tho old-time rcAltlne way In Which it Is usuiully made, stressing the fact that a presiding elder has something more than routine work due to do, and that he should have tho spirit of an evan? gelist, and oven the business meeting of the church should witness conver? sions The conference unanimously passed n resolution asking the publishing agents to locate the proposed branch publishing house for the Eastern States at Richmond, and It js believed by many that tills will be done, since in accessibility and shipping con? veniences Richmond offers many ad? vantages. Dr. George Sexton reported that $207,000 now Is in hand for the pur? pose of erecting a great Southorn Methodist Church In Washington, and that tho building would be begun when $27.*>,uoO has been secured. The conference pledged Itself for Slo.OOO. The first session of Uic cabinet was held at 3 o'clock, and tho appoint? ments are being canvassed for the necessary ehnnges. It is almost cor taln that Dr. J. N. Latham, who has Just completed his four years at Cen? tenary Church, In Richmond, will go (Continued on Eighth Rage.) Will BATTLE HARD AGAINST PACKERS Government Hopes to Defeat Them in Latest Legal Move. HEARING COMES TO-DAY - j Whatever Decision of Judge Kohlsaat, Appeal Will i>c Made to .Supreme Court. Washington, November 15.?Tho government win strenuously oppose any effort to postpone the trial of the Chicago meat packers indicted under the Sherman antitrust law. This was made known by Attorney-General Wlckersham tO-^i.y. He telegraphed Instructions to District Attorney Wil kerson. at Chicago, in regard to the conduct of tho government's case at the hearing to-morrow before Judge Kohlsaat on the habtns corpus pro? ceedings InstitutOd'by the packers. Tho] application for a writ of habeas cor? pus is bused on tho contention that the Sherman act is unconstitutional. l*repitrc for .Next Move. Chicago. November 15.?Attorneys for tho indicted meat packers were busy to-day preparing for the next move In their latest action to obtain a ruling by the United Slates Supreme Court Invalidating the Sherman anti? trust law, which they contend is not now K positive law, because the "reasonable restraint" ruling makes it impossible to determine beforehand whether an act is legal. The hearing on the habeas corpus writsr. granted by United States Circuit Judge Kohlsaat, will come up to-mor? row. Whichever wuy he decides the case, win at once be apcalcd to the United States Supreme Court, It Is said. Meantime the. criminal cases against] the ten packers will be halted, because the case Is now out of the Jurisdiction of 1'edcral Judge Carpenter, the pack; ors having surrendered themselves in Judge Kohlsuat's court yes lord ty. Attorneys who to-day studied the legal phases of the latest notion Of the packers, to-night said that the decision of the Supreme Court in the present cause probably would be of great In? terest to all business combinations in the country. Act Nullified. The main contention raised by tho pnkers Is this: When tho Supreme Court held that the reasonableness of the restraint of trade must be deter? mined in each Individual case the packers contend the high court nulli? fied the Sherman uct, because, they say. It took from the oitlzon or corpora? tion tho power of knowing whothcr what ho did was criminal before his base had been passed on by a court nnd Jury, and that precedent was of no value, slnco the "whlrns. prejudices or judgments" of Juries might differ. This question couTd not be raised by (Continued on Eighth 1'age.l Condemned Man Will be Executed on Friday, November 24. NEWS CONVEYED BY MINISTER Rev. Benjamin Dennis Telia Beattie of Governor's Decision. Executive Convinced Appeal Was Taken Merely to Post? pone Judgment?Declines to Set Precedent. No earthly hope remains to Henry Clay 1-Scattlc. Jr. He will be token to the death chamber in tho Star Peni? tentiary early in tho morning of Fri? day. November 21, and will there pay the extreme penalty of tho law which , he has outraged. For him there ia i only tho prayer of Judge Walter A. Watson: "May the Lord have tncrcy upon your soul." No statement could be more posltlvo nnd unequivocal than that Issued by Governor Mann yesterday morning. Not only dlil he decline In tho most ab? solute terms to grant oven a rcsplto but he expressed himself In such lan? guage as to shut off any further np ' peals for mercy. Analysis of the de? cision reached by him shows that It would be an affront to the Governor to present to him an additional plea, un? less based on evidence which Is un? known at this time. He leaves no loophole, evidently being determined to avoid demands upon his time and his sympathies in the face of his con? victions, and of his Immutable decision not to Interfere with the due and or? derly execution of the mandates of that law which lie la in office to cn I force. ? Familiar With Case. \ I The .state's chief executive has fully informed himself of all the cssentlttl facts in tho case. He has carefully followed the trial, and has weighed for himself the evidence adduced at that lime. He lias noted tho points raised In the bills of exceptions and haa rend the arguments of counsel for tho defense In tho petition for a writ cf error. He has noted the prompt and positive denial of an error writ by the Supreme Court of Appeals of Vir? ginia. Besides, he has seen the Paul Beattlo affidavit, secured from somebody In Washlngtou?. He has read this p&wor curefully, ana has deliberately made up lifs mind that It is unworthy oC consideration in connect Ion with an, uppcitl for clemency. The attorneys who have fought so vigorously and so faithfully for the, lifo of their client can do nothing more, save only In the exceedingly re? mote possibility of the production ot new and tnuterlul evidence. They havp exhausted every' trtbunuJ, Judicial and executive. They have mado every point which their knowledge of tho law and which the decisions and pre? cedents of Virginia pleadings .and practice have .lugse-sicd. There is nothing more to do. "Known He In Utility." Henry Clay Beattie, Jr.. took hla appeal to the Supreme Court, tho Gov? ernor js convinced, "with the purpose. If possible, of avoiding the conse? quences of a crime of which he knows he Is guilty." Nothing could bo more expressive of the attitude of Governor Mann In tho case. The verdict of tho Jury, to his mind, was unquestionably I correct. He has seen or heard noth? ing since the day when the fateful I word "Guilty" fell from the lips oC I the clerk in the little courthouse of ehestertleld county to modify his con i vlctiun. To interfere, then, would bo to "temporize with the law." Agulu, i from his own pen comes the comment that executive clemency In the form j of respite would be "to encourage ap? peals to the .jupretuo Court with tho : sole purpose of cuining time." j Dismissing the Paul Beattlu affidavit i with u slnsle clause, the Governor j says that, it Is not sufllclcnl to create in the mind of a reasonable man a substantial doubt of the guilt of tho prisoner. Aflldovitn l.nek Force. Not In connection with this case, tho Governor has frequently, as a matter of interest to him as a lawyer, comment? ed on the Insufficiency of affidavits as evidence. He has no Information as to the one In question, and throws no doubts upon it, i'tit he has often said that they are exceedingly unsatisfac? tory papers. They stand In the form of depositions taken in the absence of the attorneys for the opposite litigant, with no opportunity for cross-exami? nation. 110 chance to observe the de? meanor of the witness on tho stund. There is no way to shake the cvidenco by questionings. It Is hardly to he wondered at, then, argue those who discussed the action Of yesterday, that he prefers to con? sider the testimony of Paul DougH/a Beattie on tho stand at the trial as approximating tho truth. This, of course, IS presuming that he consider* this man's evid0j.ee us 1. atcrial to tho case. Judge Wntson Coin Jicnilcd, It may be further noted that tho Govi rnor paid especial attention to tho rulings of Judge Watson, for he takes occasion to comment on the fact that tho presiding Judge was careful to g\ o Hie belief)! of every reasonable doubt to the prisoner: that his in? struction) were as favorable as tho counsel for the d< fonso could have ex? pected, and thai the' refusal by tho court of lust resort to Und error In 1 the record shows that he did not err in the admission or exclusion of evi? dence or in instructing the Jury, In view, probably, of statement* that have bee.n made to the effect that arguments against capital punishment I would bo prosonted to hint in Beattle.'a behalf, the Governor says that he docs ' not question Its necessity. He himscU would not hesitate t<? vote as a Jury I ~~ (tv.ntmncd on Third I'Jge.) First American Roads Congress November 20-23, Richmond, Va.