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Recommendations to Extra Session of ' -: S -The Lis1aturer:::-J"- RATE CASE COMPROMISE Governor Glenn Also ' Recommends the Enactment of a State Vrohibi tion Law at this Special Session. To the Honorable, the - General As sembly "of North Carolina. . Gentlemen: Under no circumstan ces is it a pleasant duty to convene the General Assembly in extra ses sion; stil thef Constitution, Article III, section 9, provides " that "The Governor shall have power on extra ordinary occasions, by and with" the advice of the Council of State, to convene the General Assembly in ex tra session by his proclamation, stat ing therein the purpose "or purposes for which they arejhus convened." To me it seems plain that such an extraordinary occasion has arisen,and so, by and with the consent of the Council of StateIhave felt it my duty to call you together to consider the question of an adjustment of the passenger . and freight rates charged by the various railroads doing busi ness as common carriers in the State. In order that you may have a proper understanding of the present conditions of affairs, it will be necessary to revert to the past and give brief his tory of all matters appertaining to the rate controversy from the time of your last session up to the terms offered by me as Governor and ac cepted by the railroads, subject, of course, to your approval and ratifi cation. In my message to your' honorable body at your regular session I used the language: - "I would urge upon the General Assembly to carefully ex amine the whole matter of railroads, and, while doing everything the law allows in protecting the people against unjust discriminations, heavy rates and unnecessary hardships, at the same time to treat the railroads with perfect fairness and give them every legal right which belongs toi them. Railroads are the great arter-i ies of commerce, and have been the .means of building up our resurces as no other factor, and, therefore, should be looked upon, not as hostile, but as one of the State's most helpful agencies." I "then recommended "a flat rate of 2 1-2 cents per mile for passenger fare and a mileage book of 2 cents; also, that railroads be re quired to remedy delays of- their trains have a limit -set to hours of service of their employees, keep their road-beds in good condition and pay their fair proportion of all taxes, and then should be protected against in justice, sueh as is often practiced, on them by trespassers and unjust, liti gation. With what suggestions I could offer, and with the sworn re port of the railroads before you, after a full and able discussion of the bill in both houses, no joint con clusion could be reached, -and a con ference committee had" to be ordered. This committee reported a flat rate of 2 1-4 cents per mile, whieh report was ratified and became the law of the State. After the law was enacted I tried to induce the railroads to acquiesce until a fair test would de monstrate whether the new rate was confiscatory, or, on account of in creased travel, was . remunerative.. Some of the railroads at once agreed to put the law into operation, but others refused, and, prior to July 1, 1907, when the law became opera tive, went before a Circuit Judge of the United States for the Eastern District of North Carolina and ob tained a temporary injunction against the Corporation Commission and Attorney-General forbidding them from putting the law into effect. At the preliminary hearing, without finding the rate confiscatory, and not heeding the plea made to the jurisdiction of the court, the Circuit Judge continu ed the injunction to the final hearing, and ordered the Standing Master to take evidence and make a report as to whether the rate fixed was confis catory of the property of the rail roads. On July 1, 1907, certain railroads refusing to recognize the rate fixed, a Superior Court Judge instructed the grand jury to indict their agents for selling tickets at a higher rate than that fixed by the statute. Feel ing it my sworn duty to uphold the law passed by your honorable body, regardless of the amount fixed, 'I ad dressed a letter to all State "Judges, asking them "to properly charge the grand juries and . to direct the Solici tors to send bills against the agents and employees of the railroads, or their higher officials, thus openly acting in. defiance of law." . In,tha letter I recommended that only enough indictments bo made to test the validity of the law in all phases, and not needlessly to harass the rail roads. Several railroad agents were indict ed, convicted and sentenced, when the United States Court, not waiting for the defendants to appeal in the orderly way to the higher courts, again interfered", and by writ of ha beas corpus discharged the . defend ants from the custody of the State's ofheers. For a while a conflict be tween the Federal and State authori 'ties seemed imminent," but coolness on both sides was exercised, "and it was agreed that the railroads should recognize and ohpv the law. ! rjendinc the test of its rmiitnHrtialitv. and that the equity suit, indictment and r habeas eornna twj;, Yta . Prosecuted to a speedy, conclusion.; In taking steps to uphold the law enact ed by the General Assembly only one motive actuated me, and that was, while not wishing to mulct the rail roads with costs or needlessly impris on their agents, simply to compel them, the. creatures, to recognize that the State.- the creator. "and supreme and its laws had to be ooeyeu until some ; competent court declared that said law was unconsti tutional and therefore void. . The equity suit and criminal pro ceedings moved very slowly, and, fin ally a .crisis having come , upon the country, several efforts were made to settle all disputes and produce har mony between the State and the rail roads." , - " ... ' .- :. " Terms Offered. Finally I suggested the following terms as an equitable adjustment of the entire .matter, subject, of course, to your approval: The changing of the flat intrastate rate of 2 1-4 cents per .mile to a flat intrastate rate of 2 1-2 cents per mile ; fifteen cents to be charged extra for "persons boarding trains without tickets when tickets could be obtain ed in a reasonable - time "before de parture of train, and the repealing of the penalty and misdemeanor clauses in the act of 1907; this, however, only to be done when the railroads operat ing in the State except those ex empt by law agreed on their part to a reduction of the present interstate rate of 3 and 3 1-4 cents per mile to a 2 1-2-cent rate, thus making inter state and intrastate rates uniform : also, the railroads to issue a mileage book of 2,000 miles for heads of firms and employees, not exceeding five persons, names to be entered at time of purchase, said books to be inter changeable on all solvent roads and interstate and intrastate at 2 cents per mile; also, an individual mileage book of 1,000 miles, interchangeable, interstate and tntrastate, for 2 cents per mile ; also,, a family mileage boot for. heads of families and dependent members of family, names to. be en tered at time of purchese, intrastate, and not interchangeable, for 2 cents per mile also, the railroads to pay an amount not exceeding $17,500 with which to pay the State's cosFs in the various suits. The railroads agreed to these de mands, except the payment of the money and the 500-mileage book for 2 cents. They claimed it was impos sible for them to operate with such a mileage book, as it would practically put the State on a 2-cent flat rate, and that they should not be required to furnish a book of 500 miles at as low. a rate as books of larger mileage. Not being able, therefore, to get this reduction, and seeing some force in their contention, it was agreed thai the family mileage book should be fixed at 2 1-4 cents per mile and that the railroads would pay -the State $17,500, ta be applied as the State thought proper. The usual require ments as to time of redeeming books were to be observed and enforced. It was also agreed that, if, after a reasonable time, to-wit," twelve months, it should be ascertained that the rate thus agreed upon was exces sive on the one hand or confiscatory on the other, upon application, the Corporation Commission should have the power, after a full and fair hear ing, to raise or lower the "rate fixed, subject to an appeal to the courts. Some seem to object to the require ment that the railroad pay the som Of $17,500, but I believe this objec tion comes from" the fact that the pro position, is not understood, and they believe this amount is to help defray the costs of convening the Legisla ture: I demanded this money for these reasons : " I did not believe the rate passed by. your body was confis catory. . I felt a wrong was commit ted by the railroads in bringing their suits before giving the rate a fair test. . When the railroads got their injunction they not only had the Cor poration Commission, the Attorney- General and Assistant Attorney-General enjoined, but" also the attorneys employed by the Corporation Com mission ; hence, "when the railroads re fused to obey the law, not being able to 'get the services of these attorneys. I had to employ others thus entailing more costs, and, therefore, the rail roads, by their suits and acts, .having put this extra cost on the State, I felt in. the settlement, they should pay it. If, however, your honorable body does not agree with me, and think the State and not the railroads should pay this cost," it is for you and not for me to decide." In order that in the future both the State and the railroads should know their respective legal . rights in dealing with each other, and believ ing that the Minnesota ease and the habeas corpus case from Asheville now pending in the Supreme Court of the United States would definitely settle and define the respective rights of all parties, it was agreed that, even if your honorable body accepted and approved the agreement, the case in the Supreme Court should not be af fected thereby, but should proceed to final judgment. . "V Other States Agree. -- The States of South Carolina, Georgia, Alabama and Tennessee, and probably Virginia, have agreed to the same terms offered -by North Carolina, thus giving a . uniform rate and mile age books over the entire Southi - I have given this matter a most careful investigation, tried to protect in every way. the rights of the. State, and, in coming to 'the conclusion that the settlement reached is both just and equitable - to the State and the railroads, I have had the advice and assitance of some of" the 'State's truest, aWest and best men. However, I discharge" my duty by obeying the Constitution and . laviner the matter beforelyou, as, you alone can enact laws. I think it wise to settle' the matter. ;:I believe the terms are fair to all,: and, therefore, ask you, " the lawmakers of ; the State, .if -consistent with your sense of right and duty, to approve what has been done. . --,' . " Bate "Fixed Not Confiscatory. z '- The rate, fixed by your body, at its last session, in may judgment, though less than the amount recommended in my message, was not confiscatory, but was just and based on the 'report of the railroads " themselves, . and, there fore, was in no sense a wrong; and, IT the railroads had given the rate, a fair - test, without having made- the people hostile to them. I firmlv be- lieve, as shown by the evidence taken in : the pending equity suit that, said rate -would not onlv have - nroved both equitable and remunerative, but in excess of the previous earnings. But times have changed - since you last met, and all business has suffer ed by the - stricture inthe monev market.- Disclosures "made in the fin ancial ?world fraud -andr corruption, Zamblingon the stoek market, the withdrawal of money from circula tion. . thus brmginff about unrest and district, together with many other eauses, which have seriously affected all securities, making stoek values de crease and credit hard to obtain, until not on account of the little Reduction Of fares to 2 1-4 cents, "but for the reasons above stated and manv oth ers, railroads, like individuals and other corporations, have been - enp pled in their operations, have had in many ways to curtail their expenses, cannot borrow money to carry on their business, and, therefore, need all legitimate help that can be given them, not inconsistent with the rights of the people and the State. They claim that, if all mutters at Mffero.- ence between them and the" various States can be adjusted, confidence will be restored, their securities more easily placed, and thev be enabled to continue their contemplated . improve ments. "" " No one but a demaeosnie would de sire to injure railroads simply beease it can be done, but should onlv wish to require them to deal justly with il 1 a il.i ii. -i I me peopie; ana now inai tue rail roads have recognized the soverignty of the State and come forward, agree ing to terms alike fair to the State and themselves, it behooves the Slate. through its lawmakers, to meet them in the same spirit of equity and do-all it can to aid them, provided it in no way destroys the rights of the people. Again, I trust you will solve this complex question by approving the terms a "Teed utxn. thus restorinc peace and harmony and putting, all at work once more tor the upbuilding ol our beloved State. Freight Bates. In regard to freight rates, I suggest one amendment to section 1, chapter 217, Laws of 1907, by adding at the end of the said section these words : "Provided further, that this act shall not apply to independently owned and operated railroad companies in North Carolina whose mileage of roau in,. said State is one hundred miles or less." The reason for this recom mendation is, that the amount of freight shipped on one of these little roads from one station on its own line to another station on its line is not over five or ten per cent of its ship ments, while from a point on its line to some point on the line of another road its freights would amount to from ninety to ninety-five per cent of its shipments; while the shipments of the large roads to points on their own lines is from seventy to. eighty per cent of their shipments, while their shipments to points in the State on other roads would not exceed twenty or twenty-five per cent, being a discrimination so largely against the small roads as to most seriously affect and injure them, and, there fore, demands relief. . Discriminations. One of the most serious complaints now existing against railroads is the discriminations made by them against the cities and towns of North Carc lina in favor tf like cities and town3 in other States, notably Virginia, by reason of which jobbers and whole sale merchants in Virginia can under sell the same class of merchants in North Carolina. The cause of this is the rate given by the Norfolk and Western and Chesapeake and Ohio railroads to Roanoke, Lynchburg and Richmond, being the same rate given to Norfolk, Va., on account of its water-rate competition., .To meet the rate of the railroads above named, the Southern, the Coast Line and Sea board railroads had to give the same rate, and so" haul freight through North Carolina to Virginia cities for a less amount than they haul to the cities of North Carolina; and often our shippers can better pay the through freight to the Virginia pointJ plus the local rate back to the North Carolina point, than pay the through rate in the first instance to the North Carolina point. This can and should be corrected. The Corporation Com mission has now instituted proceed ings before the Interstate Commerce Commission against the Norfolk and Western Railroad, for; discriminating in favor of Lynchburg and Roanoke, Va., on its line, oyer ' Durham and Winston, N. C.,' also on its line. There can be no defense made for this, un just difference, and weffeel assured that the Interstate Commerce . Com mission, will corrct the discrimination as to these points in North Carolina, When the Norfolk and- Western is thus ' forced " to adjust the rates 'for these two cities in North -Carolina, competition will, compel the : other railroad systems; to give the same rate to these points, and then they will be compelled to give them to other North Carolina cities, else there will ;be dis crimination between points in North Carolina, which is forbidden-by law. Hence, we confidently , believe that ims . suit - and similar ones will entire ly correct any.-unjust -discrimhjation against North Carolina shippers,- job bers and ' merchants. This being an interstate question," it can' only be reached through the Interstate Com merce Commission ; and, in ordeV that these suits may be successfully push ed, to an early hearing and termina tion. I respectfully ask that a sum not exceeding $5,000 be appropriated for carrying r pn " an investigation fraught with so much benefit to pur people. At the last sesion a bill mak ing ; this appropriation passed one house and. two readings in the other, but in some way failed to become a law. " , - - : .x ' -' : Other Important Matters. - When I called the extra ' session, with the "advice of the r Council .-. of State, only one object was considered, and that was the rate question. - Oth ers purposes, T however, than those which I convened you to consider will doubtless be brought before you; and if, in your wisdom and after the most mature and ( wise delibration, you de cide to enact, other -legislation' than that embracedVin my ealL there '. are two matters," imperative in their na ture, to wheh I would most respect fully call your attention. - ' Better .-Court Facilities. - There is a defect in the present ju dicial system of the State. If a Judge is sick or detained from his courts by unavoidable accident, there is no pro viskH4o remedy this omission, un less some other Judge can find time from his own courts to ride the cir cuit of the sick or absent Judge. Thi3 could easily be remidied by establish ing two small Additional districts, consisting of a county each, so that the Judges riding these small districts could, when not engaged with their courts, hold special terms and take the place of the sick Judges. The Ninth Judicial District lost its entire eircuit this fall by the serious illness of the Judge, thereby causing a loss of thousands of dollars anl leaving persons in' jail who were . entitled to a speedy trial. Such instances have happened before and - wiir happen again, and, therefore, should be rem edied. ;.. Prohibition. Theer ' is another matter that will doubtless engage your most careful consideration, I allude ta the ques tion of State prohibition. The people of North Carolina are determined to make a trial of prohibition," and the only thing to decide is when and how this can best be brought about. The j by expressing the belief that, actuat curse and degradation of the liquor (ei Dy high and patriotic motives, you traffic is fast becoming a stench in the nostrils of deceocy, and there i3 an imperative demand coming to you from every section of the State to drive out these places of vice and wickedness, and to convert the money thus wasted in riot and drunkenness into channels of. business, thrift and industry. Every one in the State knows my views on the liquor ques tion, for, publicly and privately, I have contended that, bith from an economic as well as. a moral stand point, the greatest blessing that could possibly be given the State would be the prohibiting of the manufacture and sale of intoxicating liquors as a beverage anywhere in its borders. So firmly am I convinced of the sound ness of my views on the subject of liquor being a curse to the people of the State, that, if the power to act were vested in me, l would nor trouble your body to consider the matter, but would at once free our land from this monster evil that,' in my opinion, is the source of a thou sand woes-and scarcely a single bless- When I issued the call for this special session I did not know wheth er the voice of the people could -now be heard, or whether it would have to wait until the regular session; but so quickly has the demand for relief crystallized throughout the entire State that it would be utterly wrong to deny the people a hearing upon a matter so vital to their public and privato life. - - . I -would not put my judgment agaiiist that of the one hundred and seventy members who compose your honorable body, all of whom are just as patriotic and many far wiser than I; still, after visiting the people in every section and hearing and know ing their "views, as I do, lam thor oughly satisfied that no act ever pass ed by any legislative body in North Carolina would give the joy or be more generally endorsed than would be the act of this General Assembly in giving prohibition to the entire State. Under the Watts, Ward and other similar bills, by legislative enactment prohibition was given to all rural dis tricts, until at least four-fifths of the State's territory thus had prohibi tory laws. These acts have produced good,, and not evil, and have been en dorsed by the votes of the people in three general elections. Also, under the same laws, villages, twns and- cit ies throughout the State have declar ed for temperance, until ninety pel cent of the entire " territory of the State now has prohibition. Thus, wc know the will of the people, for they have spoken -by their. votes in" no un certain sound, until all-agree that it is inevitable that liquor must go. So, why, then, entail needless expense and engender bitterness by local fights, when by your act, carryingoul the will .of the majority of the people, vou can settle this matter , at this .... t. session? . ; . - ... . " Pass the law, let it go, into effect July 1, 1908,' and before the general election in November all - agitation will cease; for, as well said by one of North Carolina's wisest statesmenl, "A liquor dealer without his liquor is about as weak as.SamsQn shorn or his locks! " - Refuse at this session to dis pose of it, it will enter into the next campaign, be the issue in many coun ties, and cause confusion and strife; whereas by action now you may., de stroy the factor that would make this aeitation There is only one question for us to- ask, and . that is What is .: right And when .we know what is right, lei us. .have the courage to do the right; and .what is right .will prove what is both" expedient and best, and will re ceive the approval J of all good' citi zens. All know-, the whiskey traffic is an eviL - We talk of the wrongs of a protective 'tariff,' .tlfc ills and crimes engendered -by . monopolies and-trusts, but all the evils 'and "iniquities of the tariff, or" the ..robberies and oppres sions of greed and monopoly together do not begin to compare with the sor row, the - ruin, ; the misery, the crime, the : poverty, .the madness," the vice, the degradation, the death- and the damnation produced by strong drink ; and, therefore, in the interest of busi ness, for the protection of.helples women and children, for the suppres sion of crime, ; the amelioration of want; and. povertyy the prevention of disease, the preservation of . life' and thes alvation of human souls, in . the name of more than a million trne brave, pure and noble North Carolina men, women and; children, I ask you at this session to abolish this demon of destruction t If 'you do this, your act .will be the wisest and best ever Ipassed by any. legislative body," and will be -ratified and endorsed by" the good people of the State. But, wheth er you follow my suggestion or - not, I will always feel that no act that 1 ever did was more for the uplifting and upbuilding- of- the entire State than my message- for State prohibi tion. ''' r. ' '-2 :- ., ' . . '-: ; Again I commend to you the propo sition to. settle the rate controversy upon the terms offered by the "State and agreed to by the railroads, sub ject to your approval. Your action at the last session was based on the railroads ' reports of - earnings, and was, therefore, just and not wrong. When the railroads refused to recog nize your law, by a strong hand the roads .refusing were compelled - to obey and to admit the soverignty of the State; but now, when the rail roads have agreed . to - the " Spate's terms,, which give a fair and reason able rate, not only to our own State, but to all the South, we can" afford to lift the hand that enforced the law and give it in relief to a needy sub ject, especially when in giving relief to the subject we receive equal bene fits to the sovreign," thus showing how a State can be strong and at the same time just and protecting. . ' '" . Wishing each of you a happy" so journ at ' our Capital City, and ex tending to all a most " cordial and hearty welcome, I close my message will do your f till duty to "the State and pass such laws as to you seem just and right. I bid you Godspeed in your work and ask Heaven's bless ing on all you do. ' ' . Respectfully, R..B. GLENN, Governor. If this Legislature, having seen its its laws enforced and obeyed, will at - this, session ratify an act that j- will ; bring- peace and harmony- amon all contending in terests, and at the same time pass and act lifting the curse of strong drink and bringing order," and soberness into our borders, it will have - performed two acts that' will make its name immortal and be.'for ever remembered as a blessing to the State. roLrncAii pot. Justice John Harlan denied that he is a candidate for the Presidential nomination. ' Governor. Hughes at Albany de clined to say anything about his Presidential boom.- "President Roosevelt Is the great est force in our national life," says Secretary Cortelyou. - Labor leaders praised Governor Hughes for his recommendations against race-track betting. The Senate confirmed the selec tion of Richmond Pearson, of North Carolina, to be Minister to Greece. Washington despatches report President Roosevelt undecided as to his course should the Taf t boom sud denly collapse. The Executive Committee of the League of Lincoln and Roosevelt Re publican Clubs of California has in dorsed 'Taft for President. - All three St.! Louis Congress dis trict committees have voted to send uninstructed delegates to the Repub lican National Convention. 'At Tacoma, Wash., the Democratic State Co'mmittce at a meeting unani mously adopted a resolution 'favor ing William J. Bryan for President. At Guthrie, Okla,. William H. Taft has been unanimously " indorsed" for President by the Republican mem bers of . the Legislature in Joint caucus. ' The Republican National -Committee declared that under the Ohio law direct primaries for the selection of delegates to the National Convention could not be held in the Congression al districts. . Senator La Follette's Presidenttal boom received added Impetus when a committee of the Wisconsin states men's adherents from a "number of States held a conference at Chicago, and laid plans for the coming Repub lican national convention. - Identified. "... '-- The visitor had alrea7y spoken. at considerable length when he said to the children, whose attention had be gun to wander, "And now I want to tell you of a boy I cnee knew. - - -"He had a good father and moth er,", the . visitor continued, when he Found several pairs of eyes had re turned to their survey of his face, and .they did all that lay.-In their power to makft him happy.; But the boy was thourihtless and selfish; h frittered ; away his tIm-3 -and never thought of tfco future. - "Today, instead, of filling an honor able and useful position in life, where do you suppose he stands children, as a man?"-: -'Ir-- -; '"He stands before us!" shrilled all the little "bays - and girls In prompt and . Joyous iinison. Youth's Companr ion. ' '. --' ' ' '. ' ' " : . The ?lussians as a natlo-i" probably rive ny-.-e attention to the sutejc! Qt lancing ,tfcn apy ether. TIIf U j. 'LEGISLATURE Opening of Both Souses of the Gen eral Assembly- Under Call By the Gorernor in Extraordinarp Session. - Th General Assembly of North Carolina, met in. Raleigh on Tuesdayy January 21st, according to the call of Governor Glenn, with the; advice of the Council of State. On Monday night a joint democratic caucus was held at 1 which " an agreement X. wad reached - that the two houses should meet, on Tuesday, listen to he read ing of., the Governor's message and adjourn, and this action was taken The Senate ' and House comittees on rules were requested to reporta rule limiting', the introduction of -bills to matters, pertaining to rate billsunr til furtheraction by caucus. ;; : Representative Winborne u presided at the caucus. .- About two-thirds of the members, of both ;' houses ' were present. - - There was no : sign;. of , fric tiorf or disagreement among the 'mem bers. Senator Reid introduced :.a resolution that no -business whatever should be transacted' Tuesday ' save listening to the Governor's' message. Speaker Justice offered .an - amend ment extending the consideration -of matters to "the introduction of "rate" bills, which was accepted: . Senator McLean amended by ' providing-for". separate caucuses " for-. Senate "and House members Tuesday night, which was also accepted., ;. V : Minority Leader Grant when-.intef viewed : regarding the attitude ''Of .-Re publicans in the Legislature' as to-a rate bill said they were at 'sea.vHeJ said as to the prohibition -matter that naturally Judge Pritchard 's attitude will have considerable effect, he be ing strongly for direct action by the eglislature now. ' . - V "Representative R." A. Doughton thought the Legislature ought only to take action upon, the rate ; question and perhaps -some local and uncon tested matters and then - adjourn at the earliest date possible. He declar ed this to be the consensus of opinion of the citizens and members whom he had seen. ' - Thus closed the first day of a spec ial session that promises to' be one of the most interesting in the history of North Carolina. V- : 1 John R. Walsh Guilty. -Chicago, 111. Special. John R. Walsh, former president of hte. Chi cago National Bank which closed its doors in December, 1905, was found guilty on 54 counts of the indictment against him charging misappropria-i tion of the bank's funds. The -verdict was returned by a jury-in the Federal District Court here. Walsh was permitted to remain at liberty under - the - bond, furnished by . him after the indictment had been return ed against him one year ago, pending the. hearing of -arguments on January 28th on a motion by his counsel for a new trial. President Contemplates a Special Message to Congress. Washington, Special. President Roosevelt contemplates sending to Congress very soon a message making recommendations for remedial legis lation in the matter of the employer's liability act and which will meet the objections of the Supreme Court in its recent decision declaring the law unconstitutional. Coupled with this communication the President expects to say something on the general sub ects of trusts, .the exact nature of which is not disclosed. Lee's Birthday Observed at Lexing- ton. i Lexington, Va., Special. General Lee's birthday was observed here by a suspension of studies at-Washington and Lee University and the Vir ginia Military Institute and theeles ing of public buildings. - Lee," J acksoil Camp Confederate Veterans, and oth er veterans were tenderd a banquet by Frank Paxton Camp, Sons of" Vet erans. The annual celebration of Graham Lee Literary Society at the University! was held in Lee Memorial Chapel. " - Lee's Birthday Celebrated in Atlanta. Atlanta, Ga., Special. The birth day of General Robert E. Lee was observed in . this " city by a memorial service in the afternoon and a ban quet at which many prominent men made addresses, including congress man Adam Bede, of Minnesota; liov ernor Hoke Smith, Clark Howell and Bishop Benjamin D. Kelley, " of Sa vannah. All banks and public build ings were elosed during the day. ; Quarrel Over Rent-- Memphis, Special. In a pistol duel near Rosemark which took place over the back of -a horse, C. Wash Smith, a prominent planter, was killed by M. N. Varsrouffh. a tenant' on Smith's farm. The duel was caused by a quarrel over the settlement or rent for the roast vear. The men agreed to arbitrate their difference,; after otton had been attached, ana, selecting a man named Murray as ar Mtratnr. started for Rosemark. On the way the quarrel broke out afresh and the shooting began. , - "Neck Broken in rail From Buggy. Tampa, - Fla Special: John M Matthews, a turpentine operator, clutching at his hat, whicb had blown off whUe riding; in a -buggy on Stem rer road, 11" miles from here, lost his balance and fell, landing on his head jin the road, breaking his nee, ne AiA almost instantly. Matthews lived at Stemper and had large in terests in this section. " . ; . - ONTHE STAND AGAIN VVlf ft of Hanthavv" Required to Repeat Her Story TRIAL MAKING. FAIR PROGRESS The- District Attorney Makes No Choice of .Words as He Blatantly Puts the Questions to the Young Woman on Cross-Examiaatioa. Uew York, -.Special. The second trial of Harry K. Thaw is progress ing fairly well. Indeed it is not be lieved, that it will stretch out to any thing like the proportions of .the; pre vious ione. v ; " ; .. ' ' : New York, ; Special. Mrs. Evelyn Jttesbit Thaw told her story for ths second time. " The . repetition lacked the vitality . of the first recital, but the great, crowd in the court room, where her husband, Harry K. Thaw is omtrial for the killing of Stanford White, listened- intently to - every worcLT - Justice " Dowling had " ruled that he, found no warrantin the law for closing the doors against, the pub lic. District Attorney Jerome, failed in hisjmove to exclude - spectators, took occasion when . it came his turn to. crossrexamine the witness, to bring nitr.all of the details of the first trial which Mr. Littleton, of the defense, had f omitted in" his direct anquiry of the " witness. Mr. Jermoe also sought to block Mrs. Thaw's testimony in its' entirety on the ground that a con versation that occurred three " years before . the tragedy eould not have any bearing on .Thaw's mental con dition the night of the homicide. Jus tice -Dowling overruled the objection. Mrs. Thaw was on the stand all day long and Mr. Jerome announced when adjournment for the day was taken that -his.. cross-examination -would oc cupy a greater. part of another day's session. '- . ' Mrs. Thaw's story was broken into bits by - constantly repeating , objec- 10ns from the prosecutor, who sought to exclude all details on the ground of immateriality. - - Mr. Jerome .insisted "upon -reading from last year's record nearly every word the witness had then uttered. He did -this .under the privilege of framing new questions. i,Mr.,LitAleton objected to it, declar ing, that the '.district attorney, by reading' the former testimony in a' disagreeable manner was . trying- to discredit the witness in the eyes of he jurywhen he could not. discredit her in. any way by a direct question. Mr. Jerome made no attempt to dis guise a tone of complete contempt in reading the testimony. Contempt al so characterized most of the questions he 4uti to the witness, whom he attacked-in a loud voiced - Mr. -Jerome plunged at once ; into the more inti mate details of the testimony and made no . delicate choice of words in framing-' his interrogations. - Mr. Littleton's objections on the ground of "offensiveness and impro priety" frequently were sustained by the'eourt.- - KNOCKS OUT 2-CENT RATE. Supreme Court of Pennsylvania Hands Down Decision . Declaring Rate Law Eancted by Legislature of That State Unconstitutional Court Says Corporation is Entitled to sy Fair Profit. - ' ' Philadelphia, Special The 2-cent railroad fare law now in -force in Pennsylvania was declared unconsti tutional by the State Supreme Court, which handed down an opinion affirm ing the decision of the Common Pleas Court of Philadelphia, rendered last September; .' ..- - The vote of the court was tour to three, the dissenting- opinion being landed down by .Justice -ifestrezat. The 2-cent fare law was enacted by the last Legislature, the Ml passing both Houses by a practical! y unani- ; mous. Vte. The railroads" fanght the bill vigorously and. after 'ft became a: law the Pennsylvania Railroad insli-' tnted suit in the Common t Pleas Court, of Philadelphia, restraining the Coun ty of Philadelphia from enforcing the law. The railroad contended that the law was unconstitutional in that it was unreasonable and confiscatory, and the court in a decision sustained the company 's contention. The Coun ty of Philadelphia then took the case to the State Supreme uourt. Other railroads brought similar action in' several counties of the State, but the Pennsylvania's suit was the" only one to reach the Su preme Court. v Two Trainmen Killed by. Derailment of a . Wreck Train.; TrAn fla . Rnecial. Two men were killed and five injured by the derailafcent ol a worK train ou Atlanta, Birmingham & Atlantic Rail road near here. The wreca was cucu by a protruding telegraph pole wnicn .nrtif ominiii: a iniinial of a flat car . which was being pushed ahead of the engine. " ThCM Kiuea ana mjux were riding upon the car whieh over turned and cans fat them. One of th& dead was 9 white workman, tne viu a negro. Georgia Democratic Executive Com ' mittee to Meet February 6th. Macon, Ga. Special. Chairman A. L. Miller, of the State Democratiex- ecutive committee issued a ca m his committee to meet in Auanw . -S-X.j. .fill ruary 6th, J.908. ; me comnuvwo for, the primary make aiiouaiiuiv" . , - . . - : f Sffltn house OI- for the e nuuuuttuw" a. candidate to succeedUn ficers ited Stftes Senator Clay, it wm - Lso discuss the time 'for - calling the State convention.