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VOLUME 1, NUMBER 342. rTeeUy, E.tabUshed i860; D?fljr, Janis, ?1?. ANDERSON, S. C, SUNDAY MORNING, NOVEMBER 1, 1914. $5.00 PER ANNUM PRICE FIVE CENTS WAR DECLARED BETWEEN TURKEY AND RUSSIA ENGLAND IS \ BY THE Ul Message of Protest it Int Of the Triple Entenl Must Not Be Mo? , st Modification of Engl; dared Contraband, If tral Nations Will Ac1 America. WASHINGTON'. Dec. 28.-The Unit ed States government today dispatch ed a long note to Groot Britain insist ing on an early Improvement in the treatment of American commerce hy British fleets. It wnnyal England that much feeling had been aroused in this country and that public criticism was general over unwarranted Inter ference With the legitimate foreign trade of the United States. The document, constituting fte strongest representation on the sub ject made hy the United States to any of the belligerents, was cabled to Am bassador Page to be formally present ed to Slr Edward Grey, the British Foreign secretary. Its preparation was begun a monti) ago by Solicitor Cone Johnson, Counsellor Robert Lansing and Secretary Bryan, and during the last two weeks had the personal at tention of President Wilson, who re vised its phraseology with minutocare. Relations Objectionable. As the detailed point ot view of the i nited states in the numerous speci fic cases of detentions and seizures of cargoes had been set forth In a series of emphatic protests, most of which have gone unheeded, today's communication was couched In gen eral terms covering the entire sub ject of the relations between the Unit ed States and great Britain as affect ed by the latter's naval ' policy, con sidered highly objectionable to this government. The note declares it thc outset that the rcprcsenations are made in a friendly-spirit-,; but thst the United States considers it best to speak in terms of frankness lest silence he con strued ah an acquiescence to a policy of Great Britain which infringes the rights of American cltfren? under the laws of the nntions. Applies to AIL Since France has adopted virtually tho samq decrees on contraband as has Great Briatatn, today's. note is a statement intended for all members of the Triple Entente. Thc document points out that com plaintn on every Side and public crit icisms in the United States hold the British policy as directly responsible for the depression In many American industries. Reimbursement alone for cargoes unlawfully detained or seised, it states, does not remedy the evil, as tho chief difficulty is the moral effect on American exporters 'Who are re strained from taking risks or hasards which in no case ought to surround legitimate trade between the United States and other neutral countries. Will Protect fltisens. Feeling has been aroused on tl;o subject to sucli an extent, the com munication adds, vthat the American government feels compelled to ask for definite information as to Great Brit ain's attitude in order that lt may take such mlisurea aa would protect American citizens In their rights. Put leuce ls Abased. ^Th^!g.^erL^ItB'JLPgmtg-out? y as Nothing Ak Mexic (By A Moeia ted Pro??.) WASHINGTON, Dec. 28.-Dispatch es trout the Brazilian minister in Mex ico City dated there early today and received here tonight described the political situation os full of uncer tainties. Tho minister referred to the luck of harmony between the several chiefs, hut indicated that nothing Alarming had developed and that good order was being preserved. From its own agents also the sitOe department was advised Goat friction ?listed between thc Zapata and Gu tierret-Villa factions, chiefly over Za pata's desire to execute many former federal officer*. At present a decree issued by General Gutierres suspend ing all e-tecutlons pending a fa?r trfnl ia ii effect. The GuUerres-ViHn ele ment holds the officers should be given " trial and be represented by counsel, but the Zapatistas are understood to desire their summary extermination. < The United States government ls endeavoring tb obtain a general am nesty and whllo no promises have been modo that recognition will fol low, the Mexican factions understand that unless a humanitarian couran to ward their opponents is pur?ood rec ognition will be withheld. The United states its? indicated clearly that it will look with disfavor on continued , ^ i-utlona and its remonstrance ts ,.' believed to have been largely respon sible for the Gutierres deevee. The following summary of dispatch YARNED \ MED STATES^ ended For AU Members :e; American Commerce ed as in the Past, And Mid's List of Articles De i Asked For-Other Neu lopt Measure Taken by I patient at first, realizing that hostil ities lind heaped a mass of burdens on tho British government and thinking an early adjustment of thc situation would come. Five months have elaps ed, it asserts, with no improvement in the situation. In thc meantime, Ameri can ehlppers have availed themselves of various suggestions from the Brit ish government, such as shipping car jgoes to definitely named consignees in neutral countries and the taking out of certificates from consuls in this country which followed promises of the British foreign office that the al lied fleets consequently would cease detentions of these caroges. The situ ation, however, is described as hav ing hardly Improved after these con cessions. Reference is made in the note to the high principles of equity which have actuated Great Britain in her cham pionship in the past of Ute freedom of the seas to neutral commerce, and thc hope !B expressed that even though a belligerent herself, Bhc will realise the seriousness to the neutral ot con tinued interference. Concerning fontrahnud. Reserving until Home other date the discussion of those aUicles which Great Britain has taken from the gen erally accepted lists of non-contra band and placed on the lists of abso lute and conditional contraband, the American government declares that the British fleets have been regard ing absolute and conditional contra band as in the same cass, whereas .international law definer absolute con traband as consisting of those articles int ended directly for the use of any army, and conditional contraband those articles susceptible of use by armed forces, but whose destination must be the determiuing facto? In de Itentions. Foodstuffs Not Contraband. The American .note, mentioning here that foodstuffs are conditional contraband since they may be des tined for the use ot a civil population, as well as an army, says the United States ls ia entire agreement with the doctrine expressed by Lord Salis bury, British foreign secretary, in his correspondense with the . Washington government concerning the shipment of foodstuffs t otho Transvaal durlug the Boer war in South Africa. Lord Salisbury wrote* then: "Foodstuffs, with a hostile destina tion, can be considered contraband of war only If they are supplies for an onemy's forces. It Is not sufficient that they ure capable of being so used; lt ?must he shown that this was . in fact their destination at the time of sclsure." (This is perbsps the most fsrreach ing declaration of the American note, since if lt were accepted by Great Britain. American trade with Oer maro and Austria, virtually at a standstill now, would be resumed, at fettng the prices of wheat, flour, llye ? . ? ? ... i ? i (CONTINUED OM PAGE FOUR.) triming in an Situation cs from Mexico was issued by the state department: . "Latest information received Indi cates that quiet prevails along the en-? tire west coast ot Mexico. "A mall dispatch frau Vera Crus under dal? of December 13 reports that roving bauds haye been pillaging in varinn? nari >f -the state of Vera "ru/.. "A m?i| dltpatr.l? from Guadalajara, dated December, 75, states that the Carranxlsta authorities have made Ciudad Guzman the capital of the state of Jaleco. Another dispatch, un der date or December 17, reports thst the city cf Guadalajara is quiet and Iin thc hands of Villa forces. "The department has been Informed officially that May lorena has with drawn hbv forces from tho trenches heretofore occupied (at'Karo,, burning bis-shelters. He ls reported to have gone eight kilometres south. "Consul . Simpicb reports from No gales. Arts., that telegraph communi cation with Hermosillo and Cananea is interrupted. He also reports heavy losses in Ute sitae of Sonora to rail ? ways and other property by floods. I "Consul Canada at Vera Cms tele graphs under dato of December 26 that Carranza*? foreign office claims to ha\?e no knowledge of the reported arrest at Vera Cms of Doctor Villa j real, of the Mexican Red Cross. Tbs j consul adds that Dr. Villa real's pres* f-ant whereabouts ere unknown." COLDER WEATHER IS PREDICTED Another Blizzard k Scheduled to Hit the Sooth Shortly. fBv Amoctnl?^l PrraO WASHINGTON. Doc. U8.-A flare bock from tho cold wavf.< that passed today was sweelng southward tonight through Illinois, tho Great Lakes temperature? down along the coast by States and the Ohio Valley to the At lantic coast- lt IR expected to drive Wednesday. Forecasters at ibo weather bureau said the latest disturbance was at tended by Increased cloudiness af fecting tho middle western States from the border to the South Atlantic and Gulf States and was causing ma terial reductions in temperatures throughtout those sections. Preceding the arrival of the cold weather was predicted that tempera tures would rlBe tomorrow throughout the Atlantic States." Storm warnings were ordered dis played on the Oulf coast from Galves ton to Pensacola. THAW WILL STAY LONG AS POSSIBLE Harry Seems to Like the Climate or Something in New Hampshire. MANCHESTER, N. H..'Dec. 28. 'Harry K. Thaw Intends to-remain in New Hampshire, as long aa possible, his secretary said tonight. The state ment answered a question as to what steps Thaw was contemplating in view of the recent supreme court decision that he auould be turned over to thc , New York authorities to answer an indictment charging conspiracy to escape from Mat tea wan. How much longer the fugitive's stay here might be, the secretary de clined to estimate. There have been .. o developments, ho added, and none of Thaw's leading counsel is expect ed to visit him for the present. Thaw's motlier, who has been spend lng the Christmas holidays with him left today for Pittsburgh. LONDON EXPECTS GERMAN ZEPPELINS Populace ls Warned to Stay Under Shelter For Safety. (By Aworiatwl Preta.) LONDON, Dec. 28.-(7T65: p. m.) The British official press bureau this evening made the f?llowing announce ment : "The unirai and military authorities call the attention of persons using the streets-to, the danger from fragments of shelis and from bullets used in the guns against hostile aircraft attempt ing a raid on London. "The civil population are warned to ?keep under cover, preferably iii base ments, upo h hearing the sound of fir j lng by guns or of explosives." ^RESIDENT WILSON IS CONGRATULATED ? Head -f Nat??; Quietly His Fifty-Eighth Birthday. ' (Br AmoclaUd rnsii.) WASHINGTON. Dec. 28.-Presiden Wilson tonight began receiving mes sages from foreign rulers congratu atllDg him on his 58th birthday anni versary. The first to arrive were i rom King George, of Great Britain, and President Estrada Cabrera, ot Guatemala. Led by Secretary Bryan, the presi dent's cabinet called at the White House during the evening. Because of the cancellation of all state din ners and receptions after Mr.*. Wil son's death, this gathering was the nearest approach .to a soc'ni affair held in the White House for many months. ?Among the message? received were several from parents of children cam ed for the president because their birth anniversaries were the same as his. Mr. Wilson usually answers such messages personally. DECISION PF FE REED Plan to Organise Cotton .Exchange Clearing Hesse Net Definitely DecMed ea. _ (HT AsaustatooV PTMH.) NEW YORK. Dec 23.-Final decis ion on the plan to organise a cotton exchange clearing house in this city wr-0 deferred at a meeting today of members of the New York cotton ex change, although most of the members present favored the proposal. Acctor- mil not be taken until all members are given an opportunity to express their rftws cn the Question. CONSULS MUST BE ACCEPTA BLE TO GERMANY IS IMPERSONAL Similar Request* Have Been Sent to Other Neutral Na tions. WASHINGTON, Dec. 28.-Germany lias notiflcd thc American stato de partment that American consuls in Belgium must be acceptable to the German military authorities, it was learned today. The notification also said lt was desirable that some of the American consuls in Belgium be with drawn for the present, at least. Secretary Bryan declined to make public the text of the German com munication or to comment upon it un til he had full opportunity to consul- I er lt. The understanding in official ? circles, however, ia that the notice 1B similar to the one sent Argentina and other neutral countries, and that, while the German .., vernment does not insist that co. als in ' Belgium take out new- exequntors from Ger man officials, it announces that auch c?nsul? must exercise their 1 unction.--' only hy permission from the military j authorities in control of the territory ; In which the consulate is situated. The United States haa consular rep resentatives only in Brussels. Ant-1 werp, Liege and Ghent, end since thc war began they have had little work of the ordinary character to do. Their activities have been devoted largely to looking after retugees and aiding in relief work. * Military Laws. The request for the withdrawal of certain consuls is said to be entirely Impersonal, and to be based upon Gie law of military necessity which rec ognizes Gie right of a military officer in command of occupied territory to dictate absolutely the amount and ex tent ot civil business jsnd the manner In which it shall be conducVd In that territory. The disposition of Ute d?partaient apparently ls to recognize the right of Gie authorities of a captured terri tory to prescribe st least temporary conditions under which consuls shall discharge their duties, and it is con tended this can be done without In any way committing the United States to a political recognition of the right of the military occupant of a territory to Its possession. Regarding Ute withdrawal of con suls from certain points, under color of military necessity, it is said that there need he no actual interruption of commerce in consequence, because under American consular regulations - 1 nthe absence ot a consul two repu table merchants may render an accep table certificate to an invoice of goods. Jap's FoUew Hutt. The Japanese government already baa intimated Ita objection to the presence of foreign consuls In the territory of Kiao-Chow. recently cap tured from the Germans Several ap plications have come to the atate de partment from mercantile interests urging the return of American Consul Peck to Tstcg-Tau, but ir the .facirof Japanese opposition and in the knowl edge of Gio tau that Ute order of ex clusion runs against consuls of all na tions alike, the state department haa not felt called upon to force an Issue by ordering the return of Mr Peck.to hui post. M. Havenlth, the Belgian minister, -ailed at the atate department today ..ter the German notice had been re ceived. Later hd issued this rtate men t: "The Belgian minister has been in "(CONTINUED ON PAGE MX.) OOo? 0 00000 0 000000 )0 o o o MORE PARDONS o o - o o (By Associated Press.) o o COLUMBIA, Dec. 28.-Fort;.-- o o four state prteooers, including ttai o o serving ???c sentences for murder, o o were granted clemency today, by o o Governor Bisase, making the t.Msl o o number liberated by bun in .o?* o o last four years, 1,488. One the o o life-terra prisoners wea pardoned o o and the other nine paroled, Twen- o o ty-tkree ot the prisoners in all o o .were serving sentences for h omi- o o cides. o o One of the paroled men, Charles o o O'Day, alias Charley Cross, waa o o released on condition that he be o o rearrested by federal officers on o o the charge of robbing tbe Gordon- o o ville, Va. postoffice several yeera.o o sgo. O'Day waa arraigned before o o a United States commissioner late o o today aad held for a preliminary o o hearing, o o O'Day waa serving a sentence o o for 15 years gor robbery. He waa o o convicted in 1908, together with o o John Fisher, who escaped from o o the State penitentiary here a year o o ago. o O OFFICIAL ACCUSED OF SERIOUS CRIME Hide* IMiind Authority of Omeo He Holds ."ts Foreifh Repre sentative. (By Araoriated Pres?.) SAN FRANCISCO, Dec. 28.-Forn nndo Somoza Vi vu?, consul Reneral here of Honduras, was arrested today ou a charge of arson. He lind boen under police surveillance since last, night when firemen aro ?aid fo havo lound thnt his burning bouse bad been liberally sprinkled with oil and fur- < pentlne. . | Sureau drawers in tho bed room were found filled with paper saturated in oil; carpets had been sprinkled with inflammables; holes had Peen cut (brough tho ceilings of closets for flues, and streamers tied from the rafters to guide the Humes, R is al leged. Vivas was found partially clad on the sidewalk shortly after the firemen arrived. At police headquarters ho asserted his consular position as tho j representative, of a foreign nation made him immune from prosecution. EVERYTHING QUIET I IN PHILLIPINES Officials Take the View, That "No News" Is "Good News." WASHINGTON, Dec. 28.-With no additional advices from thc Phillip ines, war department officiais tonigLi. expressed the opinion that the recent disturbances there, which they decline to call an uprising, was a closed In cident, fully explatned In the report cabled yesterday by Governor-General Harrison. One official said the report did not I disclose more serious disorders than mlgfrt ?re found iu any city the sise ?of Manila In this country. Emphasis also was laid t. thc fact [that propaganda leading to the trouble 1 was fathered by the exiled Rieur te end j equally irresponsible leaders in the islands. ENTIRE FAMILY IS BURNED IN HO Husband, Wife and Three ron of Retired Capitalist Meet Awful Death. WINTERHAVEN, Fis.. Dec. 28. Harry Alvey. a retired capitalist of Baltimore, Md., his wife, and three children lost their lives when their winter home near here was burned early today. The charred bodies ot the victims were found together la tbs ruins of what had been the child? ren's room. The origin of the Aro baa not been determined! I FREDERICK, Md.. Dec. 28.-Airey was the son of former Chief Judge Richard H. Alvey. of the Maryland court of appeals. Mrs. Alvey. before her msrrlage, was Miss Bertha Key ser, well known in-Baltimore society. The Aireys went to Florida to live about three years ago. METROPOLITON CO. CHANGES METHODS i By Vote of Policy Holder* ; COCK trol of Company Chantes (By Amooialcd Pratt.) NEW YORK. Dec, 28.-Mutual!ca tion of the Metropolitan Ufe Insur ance Company was endorsed by pol ey hoi de TB here today. Only about ti 600 voted against the plan, while C.".. 000 gave their approval. Most of the votes were by proxy. Mutualizntlon already had been ap provll by stockholders and directors. If the State superintendent of Insur ance approves the proposal, control of the company will pass Into the hsnds of the policyholders, who will 1 elect a board of directors. COMMITTED SI'ICIDE. I nnjp's Captain Smmv? O Vr?b??ru Ai Is Lest. I KEY WEST, Fla., Dec. 28-The I British steamship Cragoswald, bound from Hull, England, for New Orleans, reported to Ssndy Key this afternoon that the ship's captain jumped over i board early today and was drowned. I The captain's name waa not given. The British vice cousu! here bas been i notified of the Incident. Shaw-Kay, .'?is* Leola Shaw and Mr. Ernest Cleveland Kay were married Su?.Jay b? the P.av. H. C. Msrtin at the minis te:'? residence. Th?* groom is an em ployee ef th? Sullivan Hardware Com pany's branch store st BcUon. The bride waa a resident ot the Union vjrove section, and well known and popular tn the community , LEO M. FRAN! CHANCEE Justice Lamar of the Sur. peal in the Case of I With the Murder pf 1 teen Year Old Factor For Which He Is Uni Technicalities May M< The Condemned Man WASHINGTON, Dec.. 28.- Justice llamar, of tho United Stale? supr?me court, today granted an appeal for the refusal of the federal district court for northern Georgia to release on I -ibeas corpus proceedings Leo M. Frank under death sentence for thu murder of Many Phagan, at Atlanta. Frank has been sentenced to be hanged January 22, but Justice La mar's action causes a stay of execu tion. Thirty days are given for the record of the proceedings in the lower court to bo filed in the supreme court here. The State of Georgia then may usk that the hearing ot the case be advanced. Some suggestions general ly are granted. ' AB a result of Justice Lantara ac tion today the entire court will pass upon Frank's right to seek release from custody ou a writ of habeas cor pus on thc ground that the trial court in Fulton county, Georgia, loot Juris diction over him by its failure to have him present when the Jury returned Its verdict. fl Should the supreme court decide Frank waa not entitled to the benefit of the habeas corpus writ, the State of Georgia would no longer be 'jarred from carrying out the death sentence, j If the court decides he whs entitled to ask tor the writ, the case probably ' would be remanded to the district court for the taking ot evidence on the petition praying for the writ. May Mega Freeness. Should Gie supreme court eventu ally decide that Frank must be releas ed from custody, lt was said, a further question, about which there is uncer tainty, would arise aa to the power ot the State to indict and try him a second Ume. It ts said authorities dif fer as to whether the first trial would be regarded as havlug placed Frank in "jeopardy." This was Gie second time Frank'a fate bas rested in Justice Lamar's hands. After the Georgia supreme court had decided to set aside the ver dict of conviction, Justice Lamar waa asked to issue a writ of error for the supreme court to review Gie case. Ho declined on the ground that no feder al question waa presented, inasmuch as questions of procedure were for the 8tates to decide. Justice Holmes, and eventually the entire court, pursued ino same "course. Reason for Refusal. Application was then made In the. Georgia federal court for Frank'a re lease on a writ of habeas corpus. Judge Newman held Frank was not entitled to the writ and refused to grant an appeal to the supreme court because be was unwilling to Issue a certificate of ''probable cause" as re quired tn such appeals by a federal statute of 1008. Justice Lamar, waa Chen asked td grant the appeal and isi'ue the certi ficate. He found that several questions of federal law, unsettled by the su 8reme court, exlBlted in fie case, and euee gave It the "prenable cause" for the appeal. These were whether On the Firi I In Bati J (By Awocteted Proa.) 1 LONDON, Dec. 28.-(Il p. m.)-The hattie lines in the cast and west have undergone few changes In the past day. French and German reports agree that the Germans have captur ed a section of tranches near Holle beke, South of Ypres. The French as sart that the Germans gave up trench es on the first line, te thc extent of 1 shout SOC or SOO yu rd H in the Lens re gion, farther cast, while unsuccessful d?monstrations have been made from both'aides at various points along the extended lines. The reports, of Gie numbers of 1 wounded both armies are sending back from Ute line? In Belgium appear to show that the fighting on Christmas In that country waa tue fiercest of the past month. Correspondent? in the rear say the Belgians, as a result of five days sapping, captured nearly 3,000 Germans with only small loases te themselves. - According to Russian repc/te, Ger man attempts to captare Warsaw have failed, while the Berlin official state ment saya there is general confidence that th? German and Auatro-Hungar l&n forcea are making progress along Ute greet front {French newspapers are enthusiastic ever the raid by British cruisers and seaplanes on Cuxhaven. They eba sid [ IS GIVEN OR FREEDOM treme Bench Grants Ap -eo M. Frank, Charged vi ar y Phagan the Four? y Girl in April of 1913. 1er Sentence of Death, san Ultimate Freedom of the '.Moral conniitutlon requires aa accused to be present when a verdict lu returned against bim In a State court; the effect of the accused not ralBing the point of hts absence on a motion for a n?ik trial, and the ef fect of the suprme court's own action in refusing to grant the writ of ar* , ror In a case.where an alleged Juris dictional question was presented in a motion filed at a tune not authorised by the practice ot the State where the ? trial took place. Why Writ rta? Denied. Justice La niara complete statement in explanation of bia course -in grant ing the appeal follows: "Leo Frank's recent application for a writ of error was denied by ma on the ground that no federal question was involved in the ruling of the su preme court of Georgia that his mo tion to set aside the verdict flndink him guilty of mudrer had been flied too late. This petition presents a whol ly different question since it ia an ap plication of an appeal from the Judg ment of a federal court on a record which presents a purely federal ques tion, irrespective of regulations gov erning State practice. Many Allegations Made. "Frank's petition for the writ of haheau corpus, addressed to the Judge , of Gie United States district court for the northern district of Georgia, al leges that on his trial for murder ta the superior court of Fulton county, Georgk-, public feeling against him was BO great that the presiding Judge advised his counsel not to have hun present in the court room when the verdict was retuned, and that his involuntary absence, under such ctr cumstancea, when the verdict waa re turned, deprived him of a hearing to which he waa entitled under Ute con stitution and rendered his convlcGon void. He avers that bia motion for a new trial waa overruled are he Utan moved to set aside the veixVt aa be ing void for want ot jurisdiction; that in passing on* that motion the State supreme court held that while he had the constitutional-right to be present when Gie verdict against him eras re turned into the court, *yot such ver dict could not be Attacked, by f mo tion to set aside, after Gie expiration of tho trial term and after his motion for a new trial had been finally re* fused. He alleges that his attempt to have that judgment reviewed ta tba supreme court of the United States failed because, though a federal ques tion waa raiaed In the record, the de cision of the supreme court ot Geor gia was based on s matter of State practice. "He therefore flied this petition for a writ of habeas corpus in which ha dalma that Ute right tb bs present at the rendition ft the verdict was jurisdictional and that on habeas cor pus he is enUtled to a hearing oe tito question aa to whether hs had waived or could waive bia constitutional right _(ConUnued on Pago Fonr^^ ng Line liing Europe i ......ii . I ar Improbable the German statement ? that, although ships at Cuxhaven ajad ! the gas works were hit by bombs, no i damage was done. Some writers argea that lt Cux 1 haven cap thus be attacked, war not ! Helgoland, Wilhelmshaven and even theKlel Canal? - Tu? uii??" ???J9S?rt th$ l?T?i?m* ditton sustained waa Gie toes of sev eral hydroplanes, while Pissuasilflel Hewlett waa the only person who lost his life. The British people are losing what ever fear of the zeppelins v?J5T held, perhaps prematurely, but the exploita of the airmen on the continent and the i scouting trip of th? German fleer over Kent on Christmas show there le a strong possibility that Gie tenbee may repeat over London the vtett with bomba which they paid otter Parte ansi Warsaw. *> The intboriUes taned a warning to night ot the danger te people Ul the streets from gass which may be need In London against hostile aircraft and adviacd the people to take refuge tn basements If they heard tho sound ot explosives or guns. i V A heavy windstorm with rath and snow swept over parts of, England and adjacent waters t-?night, and there probably is suffering for the sailors on doty on Ute smaller craft off Ute coasts.