The Evening Journal
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WASHINGTON, .Ian. 29.
for nolnnan-: Rain or snow
tonight end probably Tliurs
TWENTY.FIFTH YEAR—NO. 217
WILMINGTON, DELAWARE, WEDNESDAY, JANUARY 29. 1913
WILLARD SAULSBURY ELECTED U. S. SENATOR;
FOUR KENT COUNTY BOLTERS SURRENDER
GENERAL DUPONT ASKS LEGISLATURE TO
SAY WHETHER PEOPLE WANT BOULEVARD
BUILT OR THE BOULEVARD LAW REPEALED
Declares He Does Nol Have and Never Had Any Idea
of Miking Personal Profit, and Would Agree to
Tjrn Any Profits Above Development and Main -
f enance Over to Slate.
GOVERNOR MILLER SENDS
MESSAGE TO ASSEMBLY
Special to THE EVENING JOURNAL.
*K)VER, Del., Jan. 29.—Governor Charles R. Miller, this morning
transmitted to the Senate and House a communication ha had received
from General T. Coleman duPont, in behalf of the Coleman duPont Road,
Incorporated, who wishes to ascertain the sentiment of the people of
Delaware as to whether or not they desire the duPont Boulevard to be con
In his letter to the Governor, which was laid before the Legislature
today, General duPont suggests that, to ascertain the wishes of the people,
a bill be Introduced into the General Assembly repealing the Boulevard
Amendment and also authorizing the repayment to the Coleman duPont
Road, incorporated, the $60,000 deposited by that corporation with the State
Treasurer and now held in trust by him under the Boulevard Law. upon
the delivery to the Secretary of Stale of a certificate of dissolution of
"If these Vets should fail to pass the Legislature,
majority of the people of Delaware want the Boulevard," said Gen
eral du Pont, in his letter laid before the Legislature today.
"If they should be passed I shall understand that a majority of the
people do not, want the Boulevard, and will at once take steps to restore
the land, giten or condemned, to the former owners and give up all
interest therein and title thereto."
PROFITS TO GO TO STATE.
Declaring his belief that the lateral strips alongside the actual vehic
ular road of the Boulevard will prove of vast benefit to the State, General
"I do not bate and never had any idea of making personal profit from
fite Boulet anl or anything directly or remotely connected with It.. Cole
man duPont Road, Incorporated, Is entirely willing to agree that any and
all profits of every kind that may be derived from (hat part of the Houle
tard not devoted to the road for tchicles, after defraying the expense of
uintcnance and further development of said part of the Boulevard, shall
be applied through, the agencies of the State, to the cost of maintenance
of the mail for vehicles, or I« any other public nse the State may désig
Accompany the letter to the Governor, General duPont sent two
Acts, one for the repeal of the Boulevard Law. which was passed two
years ago as an amendment to the General Corporation Law. and the other
■ providing for the return of the $30,000 deposited by the Ccleman duPont
Road. Incorporated, to that corporation should the Bpulevard law be
decline to expedite litigation.
In bis letter General duPont discusses the history of the Boulevard
project which he conceived and started to put into operation, and points
out that hp lw> sujjy * 00 Ut »bout $180,000 in preliminaries and actual
construction work, securing of materials, rights of way and in perfecting
his organization. When the work had Just begun to show progress, he
points out. it wa a slopped by litigation. He still has held the nucleus
of his organization, he says. The Supreme Court of Delaware decided the
litigation in favor of the constitutionality of the Boulevard U«, General
duPont cities, and his attorneys have advised him that the other parties to
! the appeal ease pending in the United States Supreme Court have refused
to join in any effort to expedite a decision of the ease, which may not be
decided for three years if it must wait Its regular turn
General duPont observes that the newspapers of Nie State are about
evenly divided on the Boulevard question, ami those opposed endeavor to
K convey an impression that there is much public sentiment throughout the
Suit' against the Boulevard. His personal contact with the people has led
I him to believe
(jaIVnt adds, and lie asserts that he Is as enthusiastic about the Boule
very great majority of the people favor it. General
El van! as ever.
ADDITIONAL LEGISLATION SUGGESTED.
If the Legislature should fail tc pass the repealer of the Boulevard
A law. General duPont says he shall expect the Legislature to enact a law to
require the Chesapeake and Delaware Canal to erect and maintain a
bridge where the duPont Boulevard Is to cross the canal, and a fuLther
amendment to the Boulevard. Law. by; changing the method by which
s boulevard corporations may acquire land by condemnation and by authoriz
ing such corporations to construct branch boulevards. In the latter bill
it is proposed that a commission of five persons, to be named by the Resi
dent Associate Judge, shall award the damages for right of way for the
Boulevard, and in assessing damages shall take into consideration the
benefits to he derived from the Boulevard by the person from whom the
land is taken. An appeal can be taken from the finding of the commission
of five, and the sheriff is empowered to name a commission of twelve to
award damages. This Commission's finding shall he final.
WESTERLY BRANCH IN SUSSEX.
General duPont also suggests that the law be amended so as to per
mit a boulevard corporation to build branches, it being his desire to con
| siruct a branch down the westerly side of Sussex county. In the proposed
amendment, too, is provision for ingress and egress between properties
adjacent to the Boulevard and the Boulevard itself,
j General duPont's letter, as transmitted to the legislature by Governor
Miller, is appended herewith. The Governor made no recommendation.
■ "Wilmington Del., Jan. 23, 1913.
H "Hon. Charles R. Miller, Governor
I of Delaware.
E| "My dear Sir:
I "I desire to address you as briefly
I!;' as possible upon the subject of the
K Boulevard which 1 am trying to build
throughout the length of the State.
Bt As yon know I organized a corpor
|; allon culled "Coleman duPont Road,
ÎJ Incorporated." under the General Cor.
t poration Law as amended by what is
»' known as the Boulevard Amendment,
I I for the purpose of building the Boule
How to Insure
Y our Pocketbook
To do that you simply make sure of getting the highest
You yourself cannot
quality lor the most reasonable price,
he familiar with the values of all the necessities you buy, and
to you must rely on what others tell you of the good points
of the various articles.
Insure your pocketbook by taking the word of the man who
If he tells you
has his all at stake—the manufacturer himself,
an untruth through his advertisement you will not continue
to use his goods, and his profits will fall off.
misleading statements to buyers will drive him out of busi
In time his
You can insure yout pocketbook with the help of
EVENING JOURNAL get quality aud price and convenience
with small effort. Rely upon the advertisements of THE
JOURNAL'S advertisers. You ian in that way put yourself
out of the power of unscrupulous manufacturers, and he
guided to the stomp of reliable dealers. It pays In lime, money,
and troulilc saved to read THE JOURNAL'S advertlaeuenta
closely and constautly every day.
j. F Fallon.)
'J* H: U
tard, and began work in 1911. In ac
quiring right« of way. developing an
organization, buying equipment, ma
terials and supplies, and In grading
and other construction work on rights
of way acquired 1 have so far spent
about $300,000.00, and the work
Just begun to show progress when it
was stopped by litigation which called
In question the constitutionality of the
Boulevard Law. By reason of this liti
gation. under advice of ray attorneys,
Continued on Page Eight.
Conner Returns Open Verdict
After Hearing How Fisher
AT CITY MORGUE
Coroner Spring held an inquest last
night in the case of Frank Fisher,
colored, who was shot and 'killed by
Policeman T. J. Zebley, from whom
he was fleeing, the officer having a
warrant for his arrest. The jury re
turned the following open verdict:
"The said Frank Fisher came to his
death on Monday. January 27, 1913,
at about 7 o'clock in the evening in
the city of Wilmington, Del., while ou
the way to the Delaware Hospital
from the effects of a gun shot wound
Indicted at the hands of Thomaa J.
Zebley, the said Zebley being then
a patrolman of the city of
Wilmington and on duty and having
warrant for the arrest of the said
Deputy Attorney-General Armon D.
Chaytor attended the inquest, but he
did not question any of the witnesses.
Coroner Spring swore the jurors over
the dead body of Fisher at the mor
gue and Deputy Coroner Harvey E.
Nichols swore the witnesses and
questioned them. He directed the
By direction of Attorney General
Wolcott, Charles G. Guyer took sten
ographic notes of the evidei«:e sub
mitted Policeman Zebley also was
present and took considerable inter
est in the proceedings.
Eye Witness of Shooting.
John E. Skelley of No. 1217 D.
street. South Wilmington, testified
that early Monday evening he and
Patrolman Zebley were walking along
the street together when Fisher ap
proached from the opposite direction.
He said Zebley sold to the negro.
"Hello Fisher, yon are just the man
1 want to see. I have a wârrant for
The witness said Zebley took off
his hat and took from It the war
rant. He placed his hand on Fisher
and took him Into custody. Skelley
said he then continued to walk down
the street alone. He had reached A
street, nearly, when he heard men
running and looking around he saw
Fisher running away with the police
man in pursuit. Then he heard three
shots fired just about the time the
negro and the policeman turned into
a vacant lot at B and Heald streets.
"Fisher fell over a pile of stones
that had been dumped upon the lot,"
said Skelley. "Perhaps Zebley was
shooting low, and as the negro, fell,
he may have hit hlm. 1 did not see
the third shot fired."
Dr. J. W. Bastian, coroner's physi
cian. testified that he held an au
topsy yesterday morning. He found
a flesh wound in the right leg be
tween the ankle and the knee and a
wound back of and a little above the
right ear. He removed the bullet from
the left side of the brain. Dr. Bas
tian said it was this wound that had
caused death. This showed that two
of tl^e three short fired by the police
man struck the fleeing man.
Chief of Police George Black told
of having received a telephone mes
sage relative to the trouble and of
his having hurried to the scene. He
had the negro taken to the hospital,
but the man died on the way. He
Fisher made no statement
he was unconscious.
Patrolman Zebley was anxious to
produce witnesses to prove the des
perate character of Fisher, but the
jury did not at first seem to think
they were material at this time.
There was a conference among the
members who discussed the subject
with Mr. Chaytor. It was finally
agreed that the officer could produce
witnesses he wanted to, but then
Zebley decided not to have them
heard. There was another discussion
to whether Zebley should make a
statement and it was left to his own
discretion. He willingly agreed to
tell all he knew about the case.
Policeman Tells of Affair.
Zebley said that about 6.35 o'clock
Monday night he was walking down
Heald street to make a report at A
land Townsend streets when he met
Fisher about in the middle of the
block between A and B streets. He
said it was a surprise to meet him
ing to the negro at noon that
He had been talk
the trouble Fisher had with
Spencer, the colored woman
who had sworn out the warrant Zeb
ley had to serve on Fisher. He was
to have met Fisher at 3 o'clock In the
afternoon to talk about some other
trouble, but Fisher did not appear at
Zebley said he and Fieher laughed
at the fact that there was a warrant
for Fisher after having had their
conversation earlier in the day. He
Continued on Second Page
V / ■
I nlted States Senator from Delaware.
Willuu. Saulabury'a election to the
Senalorahip today is the culmination
of sixteen years of effort to attain
that office. In every year In ^hlch
a United States Senator has been
chosen from 1899 until two years ago
he was the Democratic caucusi noml
nee for the Senatorshtp. His op
portents allowed him to set up the
legislative nominations at the pri
maries last fall, and discovered too
late that he had the upper hand
Mr. Saulsbury was one of the first
members of the National Committee.
of which he is the member trom Del
aware, to declare in favor of the I
nomination of Woodrow Wilson , or ;
President and he fought for him ffotnI
(Trat To last He had a Wilson dete
galion sent to Baltimore from Delà
ware and in the convention the Delà
ware delegation was the first on the
roll calls to proclaim Its allegiance to
the Jersey Governor. '
He was active in many directions !
In the Wilson fight, was one of the'be
most, trusted men in the Wilson or
ganization. When the campaign begun
he went to New York and took charge
of the foreign bureau This bureau
had 11 departments—German, French,
Italian, Welsh, Spanish-American,
Polish (with branches In Cleveland
and' Buffalo), Hungariau-Slavonic,
Jewish, Greek, Syrian and Scandina
These departments had a total of 163
employes working under Mr. Sauis
bury's direction. He employed the
speakers, translators and clerks in all
of them, superintended the getting out
of 8,000,000 pieces of literature and
the sending out of more than 1,000,000
letters, of which more than 300,000
were in Polish. He had men travel
ing all over the United States.
Mr. Saulsbury received much of his
political training In Delaware. He was
made chairman of the Democratic ex
ecutive committee for New Castle
county In 1892, and served in that ca
pacity until 1898. He was chairman
of the Democratic State Committee
from 1900 until 1906. and wont as
delegate to the National Convention
at Chicago in 1896 and St. Louis in
1904, as well as Baltimore last sum
mer. He was elected a member
Would Give Government Land
to Make Canal in Sussex
Special to THE EVENING JOURNAL.
STATE HOUSE, DOVER. Del . Jan
notice in the House today of a bill
empowering the Federal Government
to acquire title to land for the Assa
woman Canal and naming Dr. Hiram
R. Burton, William C. Loftland and
J, T. Lank as commissioners to con
demn the land. •
Other notices given were;
By Representative Grantlano for
the State to reimburse New Castle
county $600 for assessors making a
By Representative Hoffccker: to in
corporate the farmers trust company
By Representative Phillips: for the
destruction of animals dying of con
By Representative Hammond: Au
T0-DAY S TEMPI RATURE
THE BELT DRUG STD It K.
1.30 P. M.
10.00 A. M.
8.00 A. M.
of the Democratic National Commit-1
toe In 1908.
Willard Saulsbury was born in
0eorR , um , ,/ opl)roachlnR hlB
fifty-uecond birthdav. HIb father,
Willard Saulsbury. was an able law
ynr and flRIir „ d nmny of
importance. He was Attorney-Gen
eral of I)ftlawim . whan h( , wa> 2a
„ old H<1 WM Unl(ed SlateB g Pn .
ator from lgB9 t „ mi> and from
m , unt „ , 89 , WM chancellor of
Delaware. Senator Saulsbury was
... .. ,, , . ,
1 ' be beuat * by h ' a brot1 '
or ', E " .f\ u , ,sb ' ,r J.' ' ,urle , of
enl ^HUrd Saulsbury, in 18,1 and
«' rt ed uut.l 1899 Gove bauLlmry.
?* ,0 * b ''^JJ', h * u'h.'.'itb, wag UPtoruor
f tbp ««fe. a * waB "«"»her uncle,
Willard Saulsbury himself was ed
ueated at the University of Virginia
and began the practice of law in
Wilmington in 18.82, associated with
Victor duPont, whose daughter May,
later .married. The law partner
ship with Victor duPont continued
until Mr. duPont's death in 1888 Af
ter that the law firm of Saulsbury,
Ponder and Curtis was formed, and
after the elevation of Charles M. Cur
tis to the Chancellorship of Delaware
the firm of Saulsbury, Ponder- &
Morris succeded it and later James
W. Ponder withdraw from the law
Mr. Saulsbury's activities outside ol
politics have been wide. He helped to
consolidate the Wilmington street rail
ways and electric companies; he la
a director in the Equitable Guaran
tee and Trust Company, of Wilmlng
ton. and Is a director In the Union
National Bank and various other
business organizations. He is a rnem
her of the New Castle County Bar
Association, the Delaware Historical
Association, the Society of the Sons
of the American Revolution and the
Society of Colonial Wars. He is a
member of the St. Anthony, Manhattan
and National Democratic Clubs, the
Southern Society of New York, the
Wilmington Club, of which he is pres
ident and the Wilmington Country
Club, of which he is vice-president.
He lives at Fourteenth and Brooome
thorlzing a justice of the peace for
Reject Asspskorshlp Appointment Bill.
An unfavorable report was made
by the committee on revised status
of the Revenue Commissions hills au
thorizing the Superior Court to ap
point. county assessors for New Castle
Kent and Sussex counties.
The Now Castle County Levy Court
is here for hearings on several county
hills. Including one permitting Robert
M. Burns to collect on a ten per cent,
basis, outstanding county taxes due
for four years.
(Tapp Addresses Legislature.
United States Senators Clapp and
Chamberlain addreased theLcgislature
this afternoon in advocacy of the In
itiative and Referendum.
The Alice Progressives hold a con
ference here this morning to prepare
William P. White brought some
bills here advocated by the National
( HM D IMPROVES.
The condition of Robert Cunning
ham, the 8-year-old son of the Rev.
and Mrs. Henry Cunningham, who re
cently underwent two operations for
glandular trouble is reported to be
slightly improved this morning.
PRICE OF BUTTERMILK goes UP
While the talk of the high cost of
living is uppermost in the minds of
the people a local dairy firm today
announced an increase of two cents
a quart on buttermilk,
the price has been six cents but It
now i s selling at eight cents a quart
On Ninth Joint Ballot in Legislature Today ,
Democratic Caucus Nominee for High
Office Gets Support of Every Democrat
Present and Long Deadlock Over the
Senaforship Comes to an End—Demo
crats in Frenzy of Joy While Former
Hold Outs" Vote for Saulsbury—Cum
mins and Houston Are Hugged and
Kissed by Former Judge Cochran—May
be Deal Back of Election.
SpeKjal to T
STATE mum HOVER, mu Jan. 'ill. Willard Saulaliurj, Democrat
was elected United Slates Senator from Delaware, in Join! session of the
Legislature at noon lodn> after' Representative t unimitns one of Hie four
Kent holding out members, lind silken min'd to tin- persuasions of Saul-s
linrjr man and thon Senator William!« ahd Représentât »es Houston and
Schneider fell In line for Saiilshury. \ ■
It whh not until a few minutes before Iwflte o'clorke, just as the joint
session was eontenlng, that the triek was tnkned for today, as the four
"holdouts" were inellned to delay the election until tomorrow.
When Representalhe t'ninniiiis however, deeldVd a few minutes before
12 o'eloek to tote for Snnlshiiry today the other tkl.ee followed his lead,
they feellnir that It was useless for them to hold out otiy longer Inasmuch
as the Saulsbury men had it In their power to unseats Representntito
Rennelt, Republleun. and sent John t'. Illekerson, a llenioerat. whom they
felt would tote for Snnlshiiry and assure his election.
The winning nier of Représentai he I n in in ins Is credited in John G.
Irmstrong. a young llenioerat, of tldessa. and to former Judge t.dnin R.
I'oehran, of Wilmington. • \, |
Mr. Armstrong was In conference with Représentai lie Cummins Vtmtil
midnight last night and was closeted with him part of the time,, former
Judge Cochran was hark of Armstrong in the round up campaign conecn.
(rated on Representatlie Cummins,
The three Kent members who had been toting for James H. Hughes
and I.. Irtlng Handy for Senator and nol for Saulsbury heard of the pres*
being brought on Cummins and had a conference with him this
morning, when lie told them he Intended to tote (or Willard Sanlsbnry but
would wait until tomorrow before switching otcr to Saulsbury. Meanwhile,
Armstrong and Judge Corlirnn kept liaising uway with Cummins at etery
opportunity trying to get him to make the break to Saulsbury today. In
stead of tomorrow.
HE K V K MMS .101 H\ \L.
UONFEHENTE BEFORE KHEAk.
\ ceriferonre of Democrats was held about II o'clock in ttliicli it tta*
announced that (iiminlns ttax abolit to llop to Saulsbury.
live Houston also Informed Representative TIkiiiihs D. Cooper and sbme
other Democrats that there would be no use in the other three holding
out longer if (Timmins should vole for Saiilshury anil (hey would follow
his lead lint desired until tomorrow morning to make np their minds.
This glail news to the Saiilshury supporters soon became noised
about ami naturally there was rejoicing among the Democrats.
Just ns the joint session was convening Speaker Holcomb bad a con
versation with (Timmins and the latter agreed to vote for Saulshnry to
day. Instead of wailing until tomorrow. So quickly did hr change III*
mind that Senator Williams and Representatives Houston and Schneider
did not know of it until Representative (Timmins voted.
There was a buzz of exrltrmrnl as the joint session roll was called.
The balloting proceeded without incMeat until the name of Senator AN it
, wKe reached.
] liants «ne of the "hold out" four
I him, I« the embarrassment of the Demoeratie member.
"James II. Hughes," he nnnoiiill'td. amid silence of (he big erottd
COCHRAN HUGS CUMMINS.
When the name of Représentai! te tu in mi as was called the big ot'ier.
man from Letpsie half rose. Ills face lltisheil and a n no it need:
Immediately there was an outburst »( cheering aud applause on tlie
part of (he spectators. Former Judge Cochran who was on the Hour a. -
Representative Houston, rnshed over to Cummins, hugged him and kissed
Continued on Second Page.
WILSON PLEASED WITH SAULSTHRT
X. J„ Jan. 29.—"That pi
This was the comment of President-elect W
when be was informed by telephone from Winning
Tic National Committeeman Willaid Sauisb
ecu elected United States Senator from
GOMPERS ATTACKS ARBITRATION ITUS.
By The United Press.
NEW YORK. Jan. 29.—Samuel Gompers. president
Ametican Federation of Labor, u»day bitterly attack
proposed compulsory arbitration plan of
predicted a fight against the "enslaving <
ih before the National (
is aud who
:e of many prominent society
iclety workers a B "t
In for sociological, mental slumming exp
then walk by on the other aide of the street
DEATH IN WAKE OF PITTSBURGH STRIKE.
By Tht United Press. .
PITTSBURGH. P«, Jaa. Î9. —With one man deft,!,
lieved to be dying a score injured and three detect!
the -o' ce <?' ef missing following the wire mill strike riot at
was t k :u against aaot er outbreak.
i ry precaution
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