Historical Newspapers of South Carolina

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i-w' ' . . P ; - . . . MERCER SMASHED ; * * *' 1 High Court Knocks Out the Northern Securities Co. GOVERNMENT WINS CASE Most Important Case Based on Violation of Sherman Anti-Trust Law. Decision By Majority of One. * The opinion of the supreme court of the United States in the case of the Northern Securities Company vs. the United States involving the merger of the Northern Pacific and the Great , Northern railroad Company, handed down at Washington Monday is in favor of the government. The opinion was read by Justice Harlan. The opinion of the United States * circuit court for the district of Minne sola was affirmed, ine euwi sustain the contention that the Sherman anti-trust law applies to railroad * combinations of the character in question. Justice Harlan said that in the merger of the two roads, the stockholders disappeared and re-appeaVed in the * Securities companies, the two thus bet coming practical consolidated in a holding company, the principal, object' being to prevent competition. "No scheme or device could certain?, iy#more effectively come within^ the proscription of the anti-trust law, -:and iUls within the meaning of She; act "$ Trmjfc." 3* ' : ? 4 5- Case of Great Interest The case has attracted more attention than any other suit before the coiirt since the insular cases were decided, and has been regarded by 'bqlhch and bar as equal in importance those cases and with the income r?ases. ' It was argued in December for two days, and attracted gen* attention at that time, as it did previously when the decision was rendered by the circuit court for the district of Minnesota. & Claim of the Government. It was claimed on behalf of the gov- j * erament that this consolidation was iajc! effect a pool, created to promote the interests, not of one system at the expense of another, but of both at the expense of the public. The railroads claimed the transfer of the stock of the two companies to the securities I company was in the nature of a sale # perfectly legitimate. The con tea- i ticms of the securities company were reviewed, and Justice Harlan said thay had received full attention. %e quoted the various opinions in4 reaving the trust question, saying that trdm them it is to be gathered that all contracts in restraint of trade, reasonable or unreasonable, are prohibited bj the Sherman law. and that con gress has the power to establish suen regulations as are laid down in that law. Congress had power to enact the statute. Very soon after Justice Harlan had * concluded his presentation of the case, it became evident that the court had dTVided on the questions at issue, and as other opinions were announced tt developed that there not only had been a very close shave for the government, but that one of the members of the court who cast his vote with the majority entertained opinions of his own, which fact rendered the division all the most marked and interesting. Four Justices Dissent. This was Justice Brewer, who, while he concurred in the result, announced in on fnripnAnripnt rminion of his own that he held the view that previous anti-trust decisions had been more sweeping ihan was justified. Four of the nine justices dissented outright. These were Chief Justice Fuller and Justices White, Peckham and Holmes. The opinions of Justices Harlan and White were long, while those of Justices Brewer and Holmes were comparatively brief. YOUNG WOMAN LOSES MIND At Result of Outrageous Criminal Assault by Negro. With health impaired and reason partially dethroned, Miss Dismuke. of Webster county, Ga., the victim of an outrageous assault at the hands of the negro Thornton, has been carried to the lunatic asylum there perhaps to spend the remainder of her shattered life. Thornton committed the assault several months ago and since his capture has been confined in the Americus jail / awaiting trial at the * April term of Webster county court. FIRE CAUSED BY LIGHTNING. Town of Pineville, North Carolina, Almost Totally Destroyed. The town of Pineville, N. C., was destroyed by fire early Monday morn ing, and only one business house remains. The fire is believed to hare originated from a stroke ol lightning during a severe thunderstorm. The total loss is estimated at $20,000, with $10,000 insurance. t ? V/V - "V ' . ' : - - /v..'-, t ; ' : \ RUSSIANS OVERJOYED. President's Supplemental Neutrality Proclamation Creates Most Favorable Impression. An Associated Press dispatch from i St. Petersburg says: President Roosej velt's recent proclamation regarding J the observance of neutrality by all officials and the abstenance from either action or speech which might cause irritation to either Japan or Russia has produced a great impression. The newspapers print prominently articles commending the substance and spirit of the proclamation in the highest terms. The official Gazette accepts it unreservedly*as a complete answer to the oharares that the American govern ment is hostile to Russia and declares that hereafter, despite any seeming ly untoward incident which may arise, it will be considered settled once for all that "the American government has taken a friendly attitude towards our aims and policies in the Far East," adding: "This undoubtedly marks a change in American sentiment, the people there realizing the danger of supporting Japan." The Novosti hails .the auspicious initiative of President Roosevelt in the interest of universal peace and gcod relationship between Russia and the United States, saying: "He wields practically unlimited authority with respect to the foreign policy of the 'country, Secretary Hay submitting to the will of the4 president." . '.. The Rus's welcomes the prcclama tioin sjs'-convincing evidence of a more friendly feeling on the part of the Americans for Russia. . 4 The Boerse 'Gazette; remarks: '< .'Thoiedore RooseveIt;'^ras the first ;ruler-'' t>6 -.respond tft -the* warning cry issued many years ago by Emperor ' William against the yellow peril." The St. Petersburg Beitung asserts that the proclamation leaves no further doubt that the United States bas a firm intention to observe strict neutrality. , A CONTRARY JURIST. Uncle Sam Seeks Mandamus for District Judge in Ohio. A Washington special says: In the supreme court Monday the government of the United States, through Attorney General Knox, applied fox r. writ of mandamus to compel Judge Francis J. Wing, of the United State;; district court of the northern district of Ohio, to take what the departmentof justice maintains is legal action with respect to certain Chinese exclusion cases. This is the first time in the history of the supreme court that the government has sought a writ ot I manf)omno oaoincf o fori oral iurltrp UiUUUUUAUl) U1U U v W? A.VV4V* MA J VtM0V. In his application Attorney General Knox maintains that Judge Wing, lu holding unconstitutional that a part of the Chinese exclusion law which prc! Tides for the deportation of alien Chinese after a hearing before h United States commissioner, is proceeding contrary to the decisions of the United States supreme court, and is preventing the deportation of Chinese who are unlawfully in the United States. SPECIAL TRAIN WAS FREE. Illinois Central Willingly Aids Suppression of Lawlessness. The Illinois Central Railroad Company declines to charge the state of Mississippi for the use of a special train to carry the troops to Batesville a few nights ago. The train was charged up against the state at $539, the cost of the night's ride the governor and his staff and the Greenwood military company took three weeks ago to save the life of a negro, and to uphold the law of the state. Governor Vardaman has received a lettqir from Vice President Harrahan,, telling him that the Illinois Central is interested in the maintenance of law and order; that it appreciates his efforts in that direction, and does not propose to charge the state of Mississippi for the use of its trains and road in making the trip rrom Jackson to Batesville. STRIKE CLOSES EXPRESS OFFICE. Telegraph Operators on Norfolk and Western Quit Their Jobs. As the result of a strike of the telegraph operators wTio nave been [ handling express matter at ine small towns along the lines oj the Norfolk and Western railway 325'Southern Express offices were closed at noon Saturday. The express company officials refused to grant the demands of the operators for increased ccg missions and the order of Railway Tel graphers; ordered the strike. It is s&d that independent express offices be opened at many of the towns affected by the strike. SIX HUNDRED CARS BURN. Barns of Traction Company at Chicagp Reduced to Ashes. The car barns of the Chicago Union Traction Company, at Blue Island avenue and Leavitt streets, were destroyed by fire Monday. About 600 summer cars, stored in the building, were burned. The loss is estmated at $157:000. Crossed electric wiies caused the blaze. OBSCENE PICTURES Photos of Washington and Roosevelt So Classed. SENATOR M'LAURiN ANGRY Peddlers are Arrested in Mississippi for Arousing Race Prejudice^ Newspaper Report Was Exaggerated. A Washington special says: Mr. McLaurin, of Mississippi, took the floor in the senate Saturday to make a personal explanation regarding tne newspaper paragraph, saying that the authorities of Indianola, Miss., are engaged in arresting people for selling photographs of President Roosevelt and Booker T. Washington dining together. . Ordinarily, said Mr. McLaurin, a story of this character may not be worth attention, but under the circumstances he felt he should refer to it for the purpose of refuting it, as it is entirely without foundation. The paragraph, which was dated New Orleans, March 10, follows: "Enraged at President Roosevelt's refusal to remove Minnie Cox, poscmistress of the Indiacola, Miss., postoffice, Sheriff Anderson, of that place, today arrested S. .and Frank Davidson, of Chicago, for peddling photographs showing Mr. Roosevelt and - Booker Washington dining at the same table. The sheriff classified the photos* as obscene matter and prejudicial to the dignity of the south, and to show the president that Indianola citizens Will not tolerate any person circulating likenesses of himself on a social equality with the negro educator. "Groups of indignant citizens gathered at the Indianola jail, urging severe punishment for the Chicagoans for violating the obscene literature law. No other pictures considered vulgar by the sheriff: were' found, but the men were not released. Sheriff Anderson has detailed a force of deputies to scour the surrounding country searching for other pictures the peddlers are said-to have*s<Hdy in which the race problem figured." Mr. McLaurin said the paragraph had grown out pf a statement made in a newspaper letter writfen by A. It. .raxion, an attorney ui jueiauu, Miss., who told of the arrest at that point of three men who, he said, were engaged in selling pictures of the president and Washington seated at table together and also pictures of an obscene character. These pictures, he said, appealed strongly to. race prejudice. Similar arrests also, Mr. McLaurin said, had been made in Indianola, and it was found on hearing of the case that a Cincinnati concern engaged in publishing the pictures in question had many agents out in the interest of these works. The men were tried and some of them sent out of the county and Mr. McLaurin expressed surprise that any community should have pfrmitted them to be tried. He said the penalty imposed by the law was entirely too inadequate and expressed the opinion that the death penalty would not oe too severe. He added that the arrests were not because the men were selling photographs of the president or of Washington, but because the? were selling lewd pictures. Mr. For aaer said ne never nan neara 01 tue Cincinnati firm mentioned as responsible for the purpose of the pictures. GENERRAL BALDY A CONVICT. 9 _ Was Prosecuted by Confederate Veteran Whom He Robbed. General George Baldy. a former Union soldier, who was prominent as a republican in Louisiana political life after the war, has been sentenced at New Orleans to serve six months in the penitentiary. General Baldy was the attorney of John Spraule ,a confederate veteran, living in California, in the settlement of a small estate, and was charged with embezzling the proceeds. THREAT OF LOVE-SICK SWAIN. Jilted Street Car Man Vow* to Kill Policeman's Daughter. Swearing that he would secure a pistol with which to kill Miss Maude Seals, of whom he had been insanely enamored, George W. O'Neal was dismissed from the Grady hospital, at At lanta, Ga., Wednesday. O'Neal was taken to the hospital Saturday night, suffering from a pistol wound which he had infficted by his own hand in an effort to end his own life because his suit had been rejected by the young woman. A NON-MORMON MOVEMENT. i> I -ylfm f'SVv Talf? VICIIIKCO *11 gaik m**v to Fight Polygamous Faction. According to an Associated Press dispatch from Salt Lake, Utah, representative Gentiles of the city held a meeting and took preliminary steps toward the organization of a non-Mormon party. A committee was appointed to formulate a plan of campaign and organization to meet the condition now existent in Utah. TORPEDO BO ATS IN FIGHT;-] Most Unique Contest Before Port Ar- ! thur in Which Both Sides Lose i One Vessel Each. The complete story of the fierce ; fight off Port Arthur between the tor- j pedo flotillas, which occurred Wednes- : day and the bomoardment which followed on Thursday morning, was not j given out at St. Petersburg until after ; midnight Friday night. Two official messages from Viceroy j Alexieff had been received during the ' day and presented to the emperor, j but the public remained in suspense. < The impression was that Admiral Ma- ! karoff had directed the attack upon j the enemy's fleet. When the texts ap- j peared it became evident that the col- ! lision between the torpedo flotillas had. occurred accidentally during the night, while the Russians were scouting in search of the enemy. As far as is known, this is the first time torpedo boats have engaged each j other at sea. Although the odds were against the Russians, as the Japanese | flotilla was supported by the cruiser i squadron, the Russians made a heroic J dash for the foe and apparently had I the better of the combat, sinking a j Japanese torpedo boat, until the cruise ers got within range, and one of the ; latter shells crippled a Russian torpe- j do boat destroyer. \ - The gallant action of Vice Admiral Makarofl in transferring W3 flag' to the fast cruiser Novik and sailing out in the-face of the enemy in.an attempt at rescue, received unstinted praise, stamping hin^ at the outset Of his command as a man of force and action who insists on being in the van of the fighting, j * i s AIMED. AT JOE WHEELER* _ ' ? " AllegvNl Reason# for Presfdent's Latest "Neutrality" Proclamation.** A. Washington special to the Atlanta Constitution says: 80 general has been the wonderment over President Roosevelt's rather lemark&ble proclamation. of Thursday that it was deemed necessary to give out some sort of explanation from the white house Friday. Tills did , not assume official form, but it has all the strength of an excathedra statement This Is aimed at General Joe Wheeler. .Wheeler. -heinir on, the re tired lis.: of the army, is g#il technically ?in officer. He has been making some speeches and writing some articles that are construed as favorable to the Japanese. He has probably at, no time expressed views so pronouncedly anti-Russian as those of President Roosevelt and-Secretary of State Hay, ' which are being" widely discussed, but now that the order has been issued, some excuse had to be given for it,, and General Wheeler was selected. It is. also hinted at the white house that General Miles is likely to come again under the ban' of presidential j displeasure, as he is said to have ar . rangeu a numoer 01 arucies xur newspapers during the progress of.tfye war. It seems to be the purpose of President Roosevelt to establish a strict censorship upon the writings or speech p of retired officers and others who hold positions in the civil or - military branches of the government. HEARST DELEGATES NAMED. Action of Rhode Island Democrats Subject of Much Discussion. A special dispatch from Washington says: The action of the democrats of Rhode Island in naming six Hearst men out of the eight delegates to the J democratic national convention has been the most widely discussed piece of political news which has rbached Washington in many a day. While the Hearst men say they expected this result, the closeness of the contest sliows they were by no means certain,, and the news was most palatable to them. Those who are favora ble to other candidates seem to have not anticipated this result in little Rhode Island, and they say its effect will only be to Increase the activity on the part of Mr. Hearst's opponents. The fact remains that this marks first blood for Hearst, and that it comes from a source not altogether expected by those who do not favor his candidacy. FIVE MILLIONS A YEAR Is Sum Georgians Will Pay Toward Support of Army and Navy. As their share of the cost involved in the army and navy appropriation bills just passed by congress, the people of Georgia will be called upon to pay no less than $5,000,000 in a single year. Senator Bacon showed how much the cost of the state's share of support of the army and navy according to ine size of the appropriations carried in the pending supply bills in a speech he made on the navy appropriation bill. MRS. RUSSEL TURNED DOWN. Postcffice Contest at Wilmington, N. C., Settled by Roosevelt. The nomination of T. E. Wallace, to be postmaster at Wilmington, N. C., settles a contest of long standing. Miss Dalby is the postmistress and was a candidate for reappointment. An effort was made a short time ago to secure the appointment of Mrs. Russell, wife of former Governor Rus1I sell, but failed. '. v-V.-.Vv- V- i Many Rvssians Killed in the Bombardment. PORT MAY BEABANDONED I Fall of Stronghold is Freely Predicted and May Be Signal for Chinese to Rise Against Russians. With unusual unanimity it is reported in London from the war correspondents of the London papers that Port Arthur has been practically abandoned. This is taken to mean that the Russians are not going beyond the present endeavors to hold the place, and that preparations are under way to facilitate a retirement. That the Japanese have a remark.able advantage in having once held Port Arthur is evident. The accuracy of their fire is arousing military admiration. It is reported from reliable sources that not only were fifty per sons killed or wounded In tne town during the last bombardment, but that in addition to this, forty-five sailors were killed on the vessel in the harbor. It is believed in London that a part I of the program of "abandoning" Port Arthur is to get the Port Arthur fleet* out and run the gauntlet of the Japanese squadron. .The repairs on the damaged ships are under way, ^nd a final dash is likely to occur inside of ten days. From Shanghai great excitement is j reported among the Chinese. One correspondent cables that it is hi3 belief | that the fall of Port Arthur will be the signal of an open breaking of neutrality on the part of China. That Japan has some knowledge of this seems to be indicated by the continuous re: ports emanating from Tokio to the i effect that "Port Arthur is doomed," "virtually abandoned, ' etc. Confirmed at Tien-Tsin. A special from Tien-Tsin, China, says: Information from an official, who was an eye witness of the bombardment of . Port Arthur on xYdnes- j day and Thursday, is to the effect that the Russians had twenty-five killed on the battleship Sebastapol, twenty on the Retvizan, and, in addition, thirty persons, principally soldiers, were killed in Port Arthur. The Russians assert that their damaged cruisers have been repaired and are ready for the sea. The battle ship Czarevitz will be ready shortly. There is no dock capable of taking the Retvizan. The Russians are preparing for the defense of Niuchwang, finding It impossible to stop the landing of the Japanese. "l . _________ BUFFALO BILL SEEKS DIVORCE. Wishes to Break Away from Helpmeet of Thirty-Eight Years. A dispatch from North Platte, Nebr., says: Colonel W. P. Cody (Buffalo Bill) would divorce the woman who for thirty-eight years has borne his name, has been devoted helpmeet and has given him flvi children. He filed suit in Wyoming two months ago, but has carefully suppressed the proceedings. He charges his wife, as one ground, with an attempt to poison him. "My friends tell me." saiu Mrs. Cody, who reluctantly spoke of the subject, "that he wants a young wife, who will bear him an heir, for our boys are all dead and I am too old. I 6now there is a young woman whom he has been taking around the country for several \ years who I understand is now in Washington." HEINOUS CRIME CHARGED. i Postmaster at Dothan, Ala., Charged With Criminal Assault At Dothan, Ala., Postmaster W. W. Mllligan is under arrest, charged with assaulting Miss Snyder, his wife's sis* ter. The people are indignant. Milligan is a member of the state republican executive committee and was recently lected a delegate to the national republican convention. SOME UNPRINTABLE EVIDENCE. Mormon Officials Continue to Smear Smut on Senator Smoot Wednesday several officials of the Mormon church were put on the stand in the Senator Reed Smoot case to testuy that they had plural wives and had continued to practice polygamy since the manifesto of it"0. The large number that have continued that practice formed the feature of the evidence brought out. Just before adjournment for the day the committee held an executive session for the purpose of having read the unprintable testimony in the Teasdale divorce case. SOUTH CAROLINA MORMONS. To Hold Convention in Columbia. Strong fn Factory Districts. The Mormons of South Carolina wil/ hold a convention in Columbia on March 20, and services will be held foi , several days. The organization is quite strong In the factory districts of the state and have gained many con verts lately. Elder Ben E. Rich, of Atlanta, w!7l attend the meeting and preside. r -.vi: i , i-- ii BORDERING ON ftNAReW. I " 1 fig ~ i Race Trouble in 8prIng1Uld, Ohio, | Caused by a Lynching Reaches Most Serious Stage. The situation at Springfield, Ohio, vl early Wednesday evening was considered by the authorities to be mora threatening than at any time since the ^ beginning of the present race trour bles. While Governor Herrick ha? not proclaimed a state of martial law, ":h such a condition practically exist? in -;t| the down town districts, and the burn- .sp ed portions of the town formerly ?e-.\?Ja cuupied by the negro resorts. Ten companies of Ohio National Guard are on picket duty and seven more companies are expected. Tbe'.\~|jj saloons without exception have bean closed and many other lines of busi- '-fM ness practically ceased. It is e?^- Jg mated that fully 25,000 people tbronf-: ed the streets Wednesday, visiting thrill county jail and the telegraph pole at':;;?" Main and Fountain avenues, fehere tl}W negro Dixon was hung and the burned ^ out district of the levee. As the result of repeated request?^! from influential citizens, Mayor Bo w-||| lus has finally consented not only to--:^? close the remaining negro saloons, kfe&SB tels and lodging houses, which are' der the ban of the mob, but has ord?s|$| ed the proprietors in every iMtanc*j| to move out all the intoxicating drinfe^iflj and in some cases even the fixtures,-. including gambling apparatus. . Mayor Bowlus has issued a prodarJ.jJ|| mation warning people to keep off tho^v streets and' Vefrain from congregating:;^ in public places. ' The mob has at no time shown anytfjj disposition to. burn property other than that on the levee. COLORED HERO HONORED. Monument Erected Over Grave Bragg Smith, at Columbua, Ga.i < |j| ; Over the grave of Bragg Smith, th*S|! negro who lost his life September last, frying to save the life of intendent of Public Works Robe^-L^M^ Johnson, the city of Columbus, ChL, has' erected a monument It is a sar? cophagas design, the base being,-, of^ Georgia marble, the second piece oifjgl ; Vermont marble and the top piece alto^;/' of Vermont marble, of the finest The inscription on the east side monument is as follows: "Erected by the city of Columbuit,^'^ to mark the last resting place i! Bragg Smith, who died on September : | 30, 1903, in the heroic but fruitless ef- ;f / fort to rescue the city engineer from a caving excavation on Eheveatii ^ ' On the west side Is the ^scriptidnj|?jr "Honor, and fame from "no conditio#?^ Act well your part, there all the T>?a mnnnmpnt was prftftfid hv city council, in response to the geMgH i al sentiment that the memory of humble but heroic negro should thufl^^^ be honored. His brave attempt save Mr. Johnson's life, resulting ;&|| his being caught by the.caving waflt^V and hilled himself, was entirely vollHfc^.'; tary, no one suggesting that he tempt to make the rescue. 7^ PATTI CEASES TO WARBLE. J Noted Singer Cancels All C?ntw?B^ and Leaves Us Unceremoniously*;, .5ft Mme. Patti, the noted singer, Hot Springs, Ark., Wednesday in tB$|?7' special cars over the Louisville ind^p^ Nashville railroad en route to Nhjjgs-1 York. District Passenger Agent Baibaa^l 7 garten -announced that passage ha^-jTv been secured for Mme, Patti and her'^ ' fn. Ulirrtn/v nn a otaomaktn SJfi leaving New York "Friday. ^ A dispatch from Hot Springs sayrU|j that the singer ordered all futiuW^f bookings cancelled. No reason vu^ given out for the sudden discontina*-^p| ance of the tour. Japs Again Attack Port Arthur. M According to advices from Toldd^^ffl Japanese warships bombarded forts at Tallen Wan (Port Dalny), on:^|| the night of March 8 and then attack- ^ j ed Port Arthur. THE GALLOWS FOR 771 REE. ^ Chicago "Car Barn" Bandits are Dooflf?^ ed by Verdict of Jury. Hanging for all was the verdict o?",j|| the jury, at Chicago, ia the first nuu&gj der case against the so-called barn bandits," Harvey Vandine, Petefci?f|; Niederm^r and Gustav Marix, who . -jg attained notoriety by a desperate ail- ? day battle that started in a dugout || near Laverpooi, iuu., wucre uio uui>^a had taken refuge after a series of re*!|gj markable crimes, including the mar* der of two employees of the Chicafd; city railroad at one of the company**,^ barns, the motive in each instance be*' ing robbery. GOVERNMENT OF CANAL ZONE?111 Is Import of Bill Introduced by 8enak^^ tor Morgan, of Alabama. Senator Morgan introduced a bill in. 1% the senate Saturday for the govern- -;^ onent of a canal zone. It declares territory acquired for canal purposea^j^S to constitute a government reaerrkr^M tion of the United States subject civil and military law under the coH?" trol of the pres'dent of Unitfliilfv^ States through the canal v ^'ssioa.