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Virginian-pilot. (Norfolk, Va.) 1898-1911, December 22, 1899, Image 1

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VOlu. IYr-NOo 228
U.S. Judge Speedily Revokes Tem?
porary Injunction He Granted.
JobnBkoHon Wllllama adiw.iti tho
Allegatlona Ol Thomu F? Itynn'a
Connsel?Itftlclgb ??nU Gf??ton Ritil?
road stockholders Approve the
Prftpoaad (omonaallon of Son*
board Air Muo Fropertlcs With
Otbor Lluea.
(By Telegraph to Vlrglnlan-Pilot.)
"Raleigh, N. C, Dec, 21.?Upon, appli?
cation this morning of attorneys for
Thomas F. Ryan, of New York, a
temporary restraining order was Issued
by United States District Judge Thos
R. Purncll to prevent any action of the
Raleigh and Gaston railroad stockhold?
ers looking toward tho consolidation
here to-day of the various lines of the
Seaboard Air Line System.
A few hours later Judge Purnell
granted the parties a hearing, and re?
voked the temporary restraining order
In a written judgment, as follows:
"The order Inadvertently signed this
morning is revoked and the service
thereof held to be invalid. In the exer?
cise of a sound -Judicial discretion the
restraining order Is refused."
Upon the charge of Mr. Ryan's coun?
sel that the Interests of his client would
be Irreparably jeopardized by the con?
solidation plans of the Williams syndi?
cate. Judge Watts, general counsel of
the Seaboard Air Line, read the follow?
ing dispatch from President John Skel
ton Williams to Thomas F. Ryan under
date of December 12th:
"We have already submitted all the
offers, suggestions and propositions
that any fair-minded man could reas?
onably desire. Including propositions
for the arbitration by court or disinter?
ested persons of the differences between
us, nnd wo have nothing further to pro.
jioije. Our efforts to secure a peaceuble
solution of the questions have been In
no way reciprocated by you, but you
have appeared to be determined to
place In the way of this groat enter?
prise, which -means so much for this
whole section of country, every obstacle
within your power directly and Indi?
rectly. At the solicitation of yourself,
or your attorneys, meetings were post?
poned, hoping that an adjustment
.might possibly be reached, and your at?
torneys have enHeavored to make capi?
tal out. of these adjournments, by ?e
"feuring the sending out of the newspaper
reports intimnting that these adjourn?
ments were forced upon us by your op?
position. Your attorney visited a news?
paper oflleo In Norfolk Saturday night
nnd succeeded In havlhg sent out over
the wires n false statement to the effect
that you had "held up' the meeting,
which was held in Raleigh on Saturday,
by your 'unexpected opposition,' where
na our program for Saturday's meeting
wao carried out precisely as we had
planned. We have told you frankly
that we intended to respect all of your
rights as a stockholder in this system,
nnd to accord to you terms as favora?
ble as those accorded to any other
"If you will join with us in an hon?
es: effort to work nut this proposition
on a wise, conservative and equitable
plan, yen have tits opportunity of doing
so. but if your aim is .to obstruct, de?
lay and injure, you nan go ahead on
your own responsibility.-Wo are pre?
pared to protect to the fullest and to
promote tho interest which we repre?
sent, and you will find out this will be
done. In conclusion, I will again re?
mind you of the statement which you
made to me in one of out; first inter?
views, to-wit: That It was not your In?
tention, to use your own language, to
.'.sand-bng' the situation, and If you did
not feel warranted In joining us In our
plan of reorganization, that you would
name n pi lea on your stock, which your
attorney, Gron?r, informed me In the
presence of your attorney. Page, had
nverjged you between 00 and 100. I
would also remind you of your request,
which you urged upon me in our last
Interview, that I should ndvise my fel?
low-members In the Seaboard syndi?
cate to sell out their holdings at two
hundred dollars per share for Seaboard
stock, which you said you thought was
a full price for lhat stock, and one
which they ought to be only too glad to
The meeting of the stockholders of
the Raleigh nnd Gaston railroad was
accordingly held at 1 p. m., pursuant
to an adjournment at noon.
The purchase of the preferred nnd
common stock of subordinate com?
panies of the system was reported by
Vice-President IS. St.,John at the prices
paid, and a resolution approving and
confirming the same was adopted by a
vote of 11,967 shares to 16.
The following resolution was also
adopted by the same vote:
"Whereas, it Is proposed to unite tho
railwnys and properties of the Seaboard
Air Line System, with those of the
South Bound railroad, the Georgia and
Alabama railway nnd the Florida Cen?
tral and Peninsular Railroad Com?
pany, thus creating a system operating
, railroads from Richmond, Va., and
Portsmouth, Va., through the States of
Virginia, North Carolina, South Caro?
lina, Georgia and Florida; therefore, be
"Resolved, by the stockholders of- the
JRnJelgh and Gaston Railroad Company,
t :?< ?
That they approve' of the corporate
union of the railways and properties
comprising tho Seaboard Air Line Sys?
tem with those /of the South Bound
railroad, the Georgia and Alabama rail?
way and the Florida Central and Pen?
insular Railroad Company, upon such
fair and just terms to the stock?
holders of such properties as
may be agreed upon by them,
and they hereby authorize and em?
power tho president and directors of
this company to join in such agree?
ments, contracts, merger or consolida?
tion, i or other measure as may be
legally necessary'or proper to bring}
about tho closest physical connection
and corporate union or merger of such
properties, for the accomplishment of
j the creation of the system so proposed."
The meeting was then adjourned till
January 17th next, when final action is
expected to be taken.
Baltimore, Dec. 21.?When President
John Skelton Williams, president of the
Seaboard Air Line, heard of the action
of Judge Purnell, he said it was only
what he expected.
."Every step which lias been taken in
carrying through this consolidation,"
he continued, "has been under tho ad?
vice of the ablest counsel und the va?
rious actions which havo been taken
have not only been ratified by the
boards of directors, but also by the
stockholders of tho several companies
In general meeting. There is no single
step which has been taken to which
the slightest objection can be legiti?
mately made.
"I .have Just received a statement of
the earnings of the 'Seaboard Air Line
for the month of November, which
show43 an Increase at the rate of about
$1,000 a diay over last year, which was
tho biggest year in Its history."
Mr. Williams was asked what ho had
to say In regard to the recent state?
ments that the capitalization^ of the
new Seaboard System was excessive.
"The totnl capitalization of the Great?
er Seaboard System," eald Mr, Wil?
liams, "under the proposed plan of con?
solidation, will be les*> than one-half of
the capitalization per mile of the
Southern Railway. The total bonded
debt of the Greater Seaboard System
will be about $18.000 a mile of road
owned, against a debt on the Southern
Railway of about $20,000 a mile of rond
owned. The preferred stock of the new
system will be about $10,000 a mile,
against $15,000 -a mile of road owned on
the Southern Railway, while our com?
mon stock will be about $8,000 a mile,
ugainst $30,000 on the Southern Railway
for each mile of road owned.
"In other words, tho total capitaliza?
tion of the Seaboard will bo about $3.1,
000 a mile, including bonds and stocks,
'ngnlnst a. total capitalization on the
Southern Railway of $71,000 a mile of
road owned. These figures speak for
Washington, D. C, Dec. 21.?A hear?
ing was begun to-day by the Interstate
Commerce Commission !n the matter of
changes In freight classification and
advances In freight nates by carriers
using tho official classification.
Many complaints have been filed with
the commission alleging that discrimi?
nating changes In freight classification
by carriers have been agreed upon to
take effect on January 1, 1300. To de?
termine this question the hearing of to?
day was held.
At the opening of the hearing Mr. C.
E. Gill, of New York, ehajrmnn of the
"ofiic>al classification committee," said
the railroads were without knowledge
of the persons who had reelucsted the
henrtng and asked that they be called
upon to state, wherein the proposed
changes were unjust. Mr. Gill main?
tained that the proposed advances In
freight rates were due to the increusbd
cost of railroad plants and mainte
"nunce and theadvances had been ap?
plied to classes of freights that could
well pay them. '
In the course of a long examination
by Mr. W. A. Day. attorney for the
comrriisslon, Mr. Gill gave no reasons
for the proposed advances upon special
articles or classes of freight, except the
general reasons which applied to all
Judge C. A. Prouty, a member of the
commission, instituted a line of in?
quiry, the questions or the answers
indicating that In 1SS7 thp railroads
paid more for steel rails and other
articles of equipment than they had
to nay now. In view of these facts,
he desired to know why the classifica?
tion committee deemed it necessary to
Increase the rates.
?Mr. Gill replied, ns he had prev?
iously, that in the judgment of the
committee articles on which advances
were made could well stand them, and
that the railroads needed the additional
revenue which 'the advances would give
them. v
Mr. F. S. Monnelt, attorney general
of Ohio, questioned Mr. Gill us to the
cost of shipping petroleum, endeavor?
ing to elicit from hlni some statement
to the effect that the Standard Oil
Company was favored by the railroads
at the expense of the small shippers.
111'. Monnett said that on less than
car-load lots of petroleum the pro?
posed classification Increased the rate
20!) per cent., depending on the dis?
tance. This, he said, was a discrimina?
tion which would break up the small
shipper. 'Mr. Olli explained that his
committee had nothing to do wth the
car-load rates on petroleum.
Without reaching any conclusion, the
hearing was adjourned until to-morrow
Washington, Dec. 21.?The Inter
State Commerce Commission has ex?
tended to August 1, 1900. the period
within wnlch common carriers must
comply with the requirements of the
safety appliance law in using brakes on
freight cars. .
Killed In an Elevator
(By Telegraph to Vlrglnlan-Pilol.)
Dallas. Tex., Dec. 21.?F." M, Ethc'r
idge, a prominent lawyer in the city,
to:day shot Attorney Edwin O. Marrcll,
equally, well known, four times In a
crowded elevator In the North Texas
building. Harrcll'dlcd later at nls
home; \. .
Discussed by a Georgia Journalist
at Buffalo Last Night.
Tiio l'roaidcitt of tlto Imlopentlon
(Uab DcolarM H?o Mnutle of tlic
Great Georgia Kritior Tell Upon
Um Nhonlriera or Clark llowoll
Vhllippliiea Kltiiiitiou Dlactinicri
from I? Non?I'nrliann Ntnudpolnl.
(By Telegraph to Virginian-Pilot.)
Buffalo, N. Y., Dec. 21.?Clark Howell,
of Atlanta, Ga., who, with several
friends from that city, arrived here last
evening as the guest of the Indepen?
dent Club, to-day visited the site of
the exhibition and inspected the service
building which has just been completed,
and the other work in progress. The
party and a number of friends, who
traveled In a special car of the Inter?
national Traction Company, continued
on to Niagara Palls, where they viewed
the falls and the gorge from both sides
of the river.
To-night Air. Howell was the guest
of honor at the monthly- dinner of the
Independent Club, and delivered an ad?
dress on "The Mail With His Hat In
Maj. the EIoo. A. H. Henniker-Major. Lieut. Col, Mackinnon.
*4nj. F. S. Maude. Mnj. Gen. Lord P. S. Mctliuen, K. C. V. Cnpt. C. V. !?. Vaiidclciir, I>, S. O.
O., C. B? etc.
His Hand." Mr. Howell was listened
to attentively by the 300 members of
the club and their guests, and his re?
marks were frequently interrupted Joy
Upon the conclusion of his address,
the large nudlence stood up, waved
handkerchiefs and loudly applauded
the speaker.
Mr. Howell was introduced by Clar?
ence Bushneil, ?resident of the club,
who paid a glowing tribute to Henry
W. Grady, whose mantle, he said, had
not fallen to the earth, but upon the
shoulders of Clark Howell.
J. J. Spaulding and C. A. Collier, of
Atlanta, followed Mr. Howell, the
former spoke on thy race question from
a Southern standpoint, and the latter
gave his experience in expositions as
president of the recent exposition in
Mr. Howell had for bis subject: "The
Man With His Hat in His Hand." He
spoke III part as follows:
"There is the East; there is India."
So spoke Thomas H. Benton In con?
cluding one of the most memorable
nnd prophetic addresses ever delivered
in the United States Senate, at a time,
Just half a century ago, when n reali?
zation of the magnificent opportunities
of the great West had first dawned
upon the nation, riveting the attention
of the whole country upjn its commer?
cial hope with suggestions of rcsnurces
surpassing the wealth of Golconda. and
of riches beyond the dream of avarice.
The time has come when his burning
thought can find expression with still
more fitting application In a single,
charge of this inscription:
"There Is the East; there are the
Philippines, the gateway of Asia."
On tlie day I received the invitation
to address this distinguished gather?
ing, chance took me to thn Federal
military post In the suburb* of my city.
The Twenty-ninth R-glment of United
Sta.es Volunt.crs. then quart;red there,
and recently landed on the other side
of the Pacific, had that, day received
orders for thiir trip of 10)000 miles. The
Continued on Page 6. '
methuen hear
fromat last
Wires That He Received Ruds Re?
ply from General Gronje.
A rtrlllah RrcomioMcrlitg Vnrtjr
Foniitl No Men iu NoiKli African
Republic?Kxninplc* ?f Fruit lens
Urn very at Tnfroln Rlvor ?tinucrnl
Kitchener Bit rout a trom HgJ-pt
t'ouancto VnmtcrblUN IIu?bnn?l
(By Telegraph to VIrglninn-Pllot.)
London, Doc. 21.-4:30 p. ni.?The War
Ofllce lias received tlie following from
General Forestler-Walker, the British
commander at Cape Town:
"Cape Town, Wednesday. Dec. 20.
"Methuen wltos that he has received'
a rude reply from General Crplijc re?
specting hl3 reprcsenuHlons ns to Lieu?
tenant Chundos-Pule-G.il, saying that
this otliccr is regarded as a spy. Gen
ar?l Cronje also states ho will hold no
further communication with Methuen."
Tuil, Monday, Dee. 11.?(Via Louren
7.o Marques, Saturday, Dee. 20.)?Colo?
nel Plnmer. with a strong rcconnolter
lng r.urty of horsemen, has returned
here after a week's expedition into
Transvaal territory. He reached a point
fifty miles from Pietcrsburg, in the
South African Republic, but found no
Boers ,the country being seemingly
empty of men.
London, Dec. 21.?Belated stories
from Chleveley Camp, Natal, all con?
cur in saying the British did marvel
ously well in an iinposible situation.
The oldest war correspondents say
they never saw anything comparable
with the bravery of the men and ofll
cers. The naval contingent created an
immense furore, engaging the Boers
single-handed and hailing shrapnel and
lyddite shells on the fortifications
north of the town, In a vain effort to
silence the murderous fire of the Boers,
while the British forced the passage of
the river.
The advance of the second brigade
along the road leading to the bridge.
In the face of a deadly fusllade. Is de?
scribed as magnificent. The British
forced their way across the fire zone
under a perfect storm of bullets from
the invisible Boers. The patter of the
bullets on the dry plain, it Is added,
raised the dust like heavy raindrops
on water.
The Queen has been greatly annoyed
by the unfounded statements that she
is In ill health and perpetually weeping.
A paragraph contradicting these stories
appears in the papers, which add that
it has never been Her Majesty's habit
to "display grief like a hysterical school
Cairo, Dee. 21.?The train conveying
General Lord Kitchener, now on his
way from the Soudan to South Africa
via thl3 city, was derailed noyth of
General Kitchener subsequently ar?
rived in thia city, and was given an
ovation by Lord Cromer, the British
Consul-Goneral in Egypt, and others.
He immediately boarded a train bound
for Alexandria.
London, Dec. 22.?The Dally Malt
"We understand that news has ar?
rived from General White to the effect
that Ladysmith Is well supplied with
food and ammunition, and can hold out
- < ? ? "? *' ... v
much longer than lias been estimated.
The troops are described as lu good
spirits and anxious to light."
London. Deo. 21.?The Duke of MaH
borough. who Is a lieutenant In the
Oxfordshire Yeomanry, and who has
volunteered for service In South Africa,
will lake with him 150 men and horses
of his troops. He will personally fur?
nish the equipment tor those men.
The Earl of Warwick, the Earl of
Dudley, the Earl of Londsdale :*nd Vis?
count Onlway are among the other
members of the aristocracy who have
volunteered for service In the campaign
against the Boers.
The army In South Africa will. In the
Immediate future, according to the Wur
Olllce plans, be Increased fully 50 per
Three full divisions of the regular
nrmv are now In process of arrival at
the Capo, on their way thither, or under
sailing orders.
Large drafts to bring the regiments
already at the front up to full war
strength to repla'.-o the v.ns-.nge caused
by casualties are being sent out.
The great force of volunteers and
yeomanry, which is to be organised,
will siill further swell the number.
The total of reinforcements already
arranged for follows:
Volunteers, 7.000.
Yeomanry; B.WJO.
Fifth Division. 11.000 (about 6.O0O al?
ready landed ut the Cape).
Sixth Division, 11.000.
Seventh Division, 11.000.
Chvnlry Brigade, 1,200.
Reinforcing drafts, 12.000.
Canadians and Australians, 2.000.
Total, 68.200.
London, Doe. 22?The morning news?
papers give prominence to Lord Rob?
erta' message and most of them com
I mcnt editorially upon it.
Tlie Times says:
"In nil admirable message to America
and Canada^ Lord Roberts has given*an
ndequale and welcome expression to
our national sentiments."
The Dully Telegraph says:
"We feel sure the message will be
welcomed In both the United States'
and Canada. Lord llobcrts describes
In nnnronrlntc words what all English?
men feel. There is nothing like adver?
sity to test the value of our friends,
? and the sympathy of the United States
' and the magnificent devotion of our
colonies stund out strong In contrast
with the cold carping and envy of some
continental nations."
The Standard says:
"The British email* is on Its mettle
and Is giving the world a hint as'to
the extent of Its Inten resources in
fighting material. Nowhere Is th#
demonstration watched with more In?
terest and, wc believe, with more sat-,
lsfactlon than among our kinsmen In
the United States, whose' sympathy
will be still further aroused by Lord
Roberts' admirable message."
Geneml Buller's casualty lidt at Co
lenso, just published, shows that 146
were killed and 746 wound:d. Two hun?
dred and twenty-seven are described as
missing, and of these about forty are
known to be prisoners in the hands of
the Boers. This makes a total larger
than General Buller's original esti?
Royal letters, signed by the Queen,
are being circulated by the archbishop
to the bishops of the various dioceses,
autho-lzlng a crUectt?n in t!~c churchss
throughout Eng'und on January 7th. in
aid of the fund for sick and wounded
soldiers and their families.
Wlovemont of the Dixie.
(By Telegraph to Virglnlnn-Pilot.)
New York, Dec. 21.?The converted
cruiser Dlxieavrived from Ph'ilade'phla
to-day, having on board 300 landsmen
from the Mississippi Valley, who are
to be converted Into sailors.
The Dixie will remain in dry-dock
until after Christmas, when she will go
to Norfolk, thence to the West Indies,
and later to Europe?probably' to
Fiance first of all. As no other gov?
ernment ever has tried to make sailors,
out of farmers, the experiment will be
watched with Interest by the naval
powers of the world.
His Body Will Rest Temporarily inN
Cemetery at Manila.
Only i? Prayer Will Bo Spokeu To
?toy, 1 lie Actual l'uiieritl ( rrMiiuii
le? llnvliis lloeu 1'oHfpoiieit Onlll
the 'Irnnnport I? id-udy'io Sail
With ihe GoucmlU t'nUilly-Wnr
Pepiirlmciit's Trllinie-Tho Ocu.
n;ll'< KiicrcMOr.
IHv Telegraph to Vlrginlan-Pllot.?
Manila. Dec. 21.-5:05 p. m.?General'-^
.Lawton's body will be removed frorn
his lute residence to the cemetery to- . a
morrow. In accordance with Mrs. Law?' 4^
ton's wish there will be no oeromorJ?J.-'?.";rj;
only a prayer. The late General's staff
ami Lieutenant Stewart's troop of the
Fourth Cavalry, which accompanied
General Law.on through the campaign, ??^
will compose the escort. The actual f??
nf ra! ceremonies will take phico In
about ten days, when the transport
sails, under the direction of General '
Schwan and with military honors. The
civil organizations, including the Su?
preme Court, will participate, and Sc
nor Calderon will lead the Filipinos
who were associated with General
Lawton in the organization of the mu?
nicipalities. Sonor Calderon snld It was
"the saddest day to the Filipino nation,
to tee lest, not only the foremost ud
voente of pence, but their best friend."
Mrs. Lawton bears her grief bravely.
Fiesldeni McKlnley's and Secretary
Root's messages to Mi'Jor General Otis ;
have been posted at the paluce, where ?
the (lugs are at half-mast.
"Washington, D. C. Dec. 21.?A geno
ral order was Issued from the War
Department to-day announcing to the
army tho death of Major General Hen?
ry W. Lawton. After lrecoun^lng Gen?
eral Latvian's military services, the or?
der goes on to say:
"The swift and resistless movement
of his column up the Rio GVantb and
acre's the northern boumfa'fy of the
plain of Central Luz;n, which had Just
b:cn completed, was the enter factor in
the distraction of the Insurgent power,'
nnd was the crowning achievement of
his arduous life.
"He fell In the fullness of his pow?
ers, in the joy of conflict, In tho con
'selousness of arsured v!cto-y. He leaves
to hjs eomtndcs and country the mem?
ory and tho example of dauntless caur-.
age. of unsparing devotion to duty, of
munly character, and of high qualities
of command which Inspired his troops
with his own indomitable spirit.
"The flag will be placed at half staff,
and 13 minute-guns will be ilred at
every military post and station on the '
day after the receipt of thU order, and
the usual badges of mourning will be
worn for thirty days."
Lieutenant-Colonel Charles R, Ed?
wards, who was temporarily acting, as
i General Lawton's chief of staff, haa'.-VV
been Instructed by the; Secretnry of ' ?'
War to superintend tho transportation
or General Lawton's remains and ac?
company them to this country.
Washington. Doc. 21.?It Is said at the
War Department that the vacancy In
the list of Mujor-Generals of volunteers
caused by the death of General Ldwton
will not be filled until after the funeral
services over his remnlns at Manila,
prior to their transportation to the
United Stntes. It is said, among well-in?
formed oflleers of the army In this city,
that tlto appointment will go to cither
General John G. Bates. General S. B.
Young, or General Lloyd Wheaton. It
Is also understood that Brigadier-Gen?
eral A. It. Chnffoe. who has been chief
of staff to General Brooke, command?
ing the division of Cuba, is likely to be
relieved of duty In that division In a
short time nnd given an Important
command with the army (n the Philip?
Washington. Dec. 21.?Adjutant-Gen
eral Corbin. the head of the committee
charged with the collection of funds for i v
the benellt of the family of tho late
General Lawton. Is in receipt of expres?
sions of sympathy and of willingness
to co-operate from all quarters of the '':
country. Some of three are accom?
panied by contributions of money, and ,
.altogether there Is promise of a gen?
erous response to the committee's ap?
peal Issued yesterday. The committee .
aim to collect at lenst $23,000.
Sir Thomas a Commander. : ??:?';;;1
(By Telegraph to Vlrglnlan-Pllot.V
' London. Dec. 21.?Sir Thomas Upton :
has been unanimously elected rcar.''';.v>j
eammodore of the Royal Ulster Yacht v*?
- ,
Teleeraph News?Pairs s I 6, 9 and 11,
Local News?Pures 2, 3, and 5.
Editorial?Pass 4.
Virginia News? P.ujj S.
North Carolina News?Page jr.
\ Portsmouth News?P.ltres to and It.
Berkley News? Pars 11.
Markets?("affJ 12.
Shipping? Pa<e 9
.Real cState--Pas$a 12. .

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