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WON'T ESTOP OAMAGE CLAIMS. THE NORTH CAROLINA M - PKKMK tOl KT HITS RELIEF DEPARTMENT. Railroad Cannot ( Irnimvcut the Right of iin Employee to Exact Damage* by Estah^shmcnt of Ben? efit iH'partmcnt. Wilmington. N. C. April 18?The decision of the State Supreme Court this week in the ? ase or Uvden vs. the Atlantic Coast Line haj been re? ceived here with much Interest in legal circles and this decision may open the gates for the bringing of some other suits. It is also recalled that an Interesting personal damage suit was landed out of court not long ago In the superior court of this county under a ruling the reverse of that made by the Supreme Court. This has also added much to the in? terest. It was a case brought for per? sonal damages by a former employe of the Atlantic Coast Line, but coun? sel for the defense contended In bar of such recovery that the injured maa had received benefits from the relief department, of which he had been a member, after being injured. The case was argued at length before Judge Allen, and ex-Mayor A. Q. Rl caud. of counsel for the defence, made an especlal'y strong argument in favor of the ve-y point now decid? ed by the Supreme Court. He con? tended that the road could not shirk Its liability by reason of such an as? sociation, which all employes had to join, even though the Injured man received benefits after being injured. The court held against this conten? tion and the defense gave notice of an appeal. However, the defendant had no money to perfect his appeal and so he loses on a point now held In his favor by the highest tribunal in the State, and which up to this time had not been settled. However the New Hanover county case Is out of > ourt the appeal not having been perfected and cannot be re-instated. The Raleigh News and Observer yesterday made the following inter? esting report of the decision: The most Important case decided by the Supreme Court of Norths Car? olina thU term is the case of fmrden vs. Railroad Company, the opinion in which Is written by Judge Manning and wss handed down on Wednes? day of this week. The question which gives impor? tance to the case is this: Can a rail read by the establishment of relief departments governed by the rail? road, release Itself from suits for damages when the injury was caused by Its negligence? Judge Manning tn the opinion of the court says: "In our opinion this stipulation is an In? genious scheme devised by the com? pany to avoid responsibility for its negligence and as such Is Inequitable and void." In 1397 the State legislature pass? ed the Fellow Servant Act. Revisal ltOB. section 2646. which gives to all employes of railroad companies in this State the right to maintain an action against the railroad when they are Injured by the negligence of any of their fellow employes or by defects In the machinery or appliances of the company, and further provides that no agreement made by any employe shall waive the benefit of this sec? tion. It has been held by the Su? preme court that this section was ?alld and constitutional, and that a railroad could not enter Into any con? tract or agreement waiving their lia? bility f<<r damage to person or prop? erty caused by their negligence. The railroad (the Atlantic Coast Line Railway) established a relief department In which only Its em? ployes are admitted as members and In whl< h they can remain as mem? bers only so long as they continue to be employes. As members, they are required to contribute each month a fixed amount. regulated by the monthly pay; the lowest paying 75 cents paf month, and the highest ft.15 per m<?nth. according to the benefits to be received, which range from 1250 to $5.0?)0. Each member agrees to he bound by the rule:* and regulations ?.f th?. UHlef Department. Rule 6 1 provides: "The acceptance by the member of benefits for Injury shall operate as a release and satis? faction of all claims against the com? pany and all other companies asso? ciated th.r. Aith as aforesaid, for damage arising from or growing out of au'-h Injurv. " in the latter part of the samt? rule \s this provision, "if suit shall hi brought against the company or any other company asso? ciated herewith us aforesaid for damages rising from or growing out of Inlurv <.r death <>< urring to a member, the benefit.-* otherwise pay? able najfl nil eattrjnttaan or lag Heitel Dopartment tud oi the rompany. ere* ated by membership of such mem? ber In the Relief Fund, shall there? upon he forfeited without any dedal atlon or any other act by the Kellet Department ??f the company." In short the railroad maintains a department to which each employe pays a monthly amount and boeeOBt of those payments, the railroad guar? antees certain benefits If they are In? jured or killed, but they add a pro Vision that if any employe or his le? gal representative brings suit against the railroad for this Injury or death, then he forfeits everything he has paid to the relief department and gets nothing in return for his money. Is this an attempt to evade the law of the State giving employes the right to sue railroads for damages when they are injured or killed by negligence of the railroad? Judge Manning says: "In our opin? ion, is becomes necessary to deter? mine the validity and effect of the agreement, in order to fix the charac? ter of the Relief Department of the defendant, whether it is an agency or an association with only benevolent alms and purposes, or a mere agency created by the defendant to serve un? der the cloak of charity, the purpose of avddlng liability for negligent Injuries received by its empolyes." ? ? i "The relief department of this defendant has been declared by this court in Nelson's case, 147 N. C. 103 to be a mere agency of the defend? ant; it is not incorporated and has no separate entity." The railroad controls it and forces its members when they have been Injured, to re? lease the railroad from all liability or else to forfeit the benefits for nhich they have been paying for years and to forfeit all they have paid in to the Relief Department. "Is it not the obvious purpose of the com? pany t^> place its employes, who may be negligently Injured in the position to forego the benefits of an associa? tion which they have helped to cre? ate, or to take the chance of a suit with it for damages in the courts, with its attendant annoyances, de? lays and uncertainties? What doth it advantage the employes? Is n?t all the benefit to the company? This choice of remedies Is to be made only by those employes whose Injuries or death are caused by the negligence of the defendent. Upon no other contingency is the employe forced to choose; in no other contingency is he confronted with an election of rem? edies, nor is he under the compulsion of choice. Further, those who are injured or killed by negligence, can receive no benefit stipulated in the rules and regulations, "unless and until complete release of action for damages is properly executed. Such Is the compulsion of the stipulation; such is the "letter of the bond." The election of remedies originates in and is predicated upon this stipulation. In our opinion this stipulation is an Ingenious scheme devised by the com? pany to avoid responsibility for its negligence, and as such, is Inequit? able and void. Such would seem to be the view of the Federal Congress, by its adoption in 1906, of the fol? lowing enactment, 34 Stat. L. 234 ap? proved June 11, 1906. No contract of employement, insurance, relief benefit or Indemnity for injury or death, entered into by or on behalf of any employe, nor the acceptance of such insurance, relief benefit, or indemnity, by the perr.on entitled thereto, shall constitute any bar or defense to any action brought to re? cover damages for personal injuries to, or death of such employe." In 1908 Congress passed another enact? ment making the above provision, that the railroad by this means could not prevent suits for damages occa? sioned by its negligence, even strong? er, but of course, these enactments apply only to interstate commerce. The Supreme Court of North Car? olina apparently holds that the Re? lief Department with its provisions, that employes pay so much each month for benefits if they are in? jured or killed and that prevents tin m Iron instituting suits against the railroad unless they forfeit every? thing paid in and the benefits accru? ing to them, is an attempted evasion Of IhS law and is Void. The employee Is entitled to tie benefits tor Which h< has paid and also Is entitle.1 to ? liter suit If he flesmi it advisable. DOCTORS ELECT OFFICERS. Medical Association Now In Session At Luurcns. I.iurens, April 19.?At a meeting this att? rno..n of the house of dele fatet of the state ifedlcsJ ftssorls tlon, now In session here, officers for another jreaf were Sleeted, as fol? lows: l>r. J. U. M? lntosh, of Columbia, DTI U b tit; I >r. J. W. Jervey, of Qreenvllle; i>r. R, p.. Fpting, of QreenWOOd; Dr. R, V.. Hughes, of l.aurens. vie ? presidents; I>r. F. A. Ihnes, of Senoea. SSM rt tury; Dr. C. P. Almar, of Charleston, treasurer; Dr. John I.. DaWSOfl und l>r. Mines, ? hosen tis delegates to the next an? nual meeting of the American Medi? cal Asso- latton? "Marli Twain*1 ttrows Weaker. Redd In, Conn., April 19.?Samuel L Clements, (Mark Twain,) has tfiou n a little weaker. Dr. Robert if. Hatsey, of New York, who has '?? ? a at Btormfleld the greater part of the tine since Mr. Clement returned fe fe, sa id tonight . "Mr. Clemens is comfortabls to? night atel passed a quiet day, though he k , rn? f" ha1 ?? grow n a little w. ?> L er." WIGKERSHAM A CATSPAW. HE IS TRYING TO SAVE COTTON GAMBLERS. Lewis W. Parker Suys That Wieker shum's Procedure Against Haync Hrown Group Would Have Effect of Protecting "Those Who Have Sohl Bojond Their Possession"? Southern OoUon Mills, He Ex? plains. Have No Desire to See Cot? ton Fall, and Hcnoe Have Agreed to Take Up AH Offered in New York?The Administration and the Exchange. Greenville, April 19.?"I think it most unfortunate that the government should intervene in the effort to pro? tect those who have sold beyond their possession," characteristically said Lewis W. Parker, president of the American Cotton Manufacturers' Association, today, when asked con? cerning the action of the government In ordering an investigation of the al? leged pool to keep the price of cot? ton up. "The Southern mills do not wish to see a decine in the price of cotton," he continued, "and the stand of the government Is unfair. Apparently, it originated in Wall street on the part of the bears, who have beeen selling to keep the price of cottton down, and who, by this investigation, wish to force Messrs. Hayne, Brown and others to show their hands, to ni 1 out their methods and their supply cotton on hand, and the like. That part of the press dispatches which alluded to a con*?ct of the 26th of February, referred to an agreement by the Southern mills to take care of the cotton tendered in New York. 1 learned of the action of Attorney General Wickersham last night and sent the following telegram to Sen? ator E. D. Smith at Washington: " 'Have just learned of action of grand jury in New York, under ad? vice of Attorney General Wicker? sham, in reference to Now York cot? ton exchange. The effect of this is to assist the bears out of a dilemma in selling cotton they did not have, thus depressing the market. The ef? fort of Southern mills has been to sustain prices and to this end they have agreed to take up cotton tend? ered in New York. There Is nothing unfair or illegal in their agreement with Hayne and Brown, and I urge you to protest against the use of the government's power in forcing, at this time, a disclosure of their plans in the, effort to make a bear raid. See A damson of Georgia, who under? stands matters." "The situation is this: As known throughout the season, the mills have had a difficult job to get an adjust? ment of cotton goods to a parity with the prices of cotton. With the scar? city prevailing in cotton during the present season, it is difficult to say what is a fair price of the commo? dity; but from November on I think it has been recognized that probably II cents to the producer represented that fair price. In November and again in January those who were ad? verse to the prevailing prices of the commodity made concerted efforts to break the market by selling in large quantity, hoping and expecting to be able to repurchase the cotton at lower prices. Those thus selling the market have oversold themselves, and purchases have been made by Messrs. Hnyne, Brown and others, who are ?imply asking those who have sold to deliver that which they speculatively sold without having cot? ton to sell. "The Southern mills do not want to see a decline in the price of cotton, for two reasons. In the first place, to a considerable extent they have pur? chased cotton in the belief that the high prices prevailing during the fall and winter were more or less justified by the erop condition, in the second place they regard it as evidently problematical what will be the size of the crop this year, and what should ) ?? a legitimate price for cotton next fall. On the exchange the prevailing prices for fall cotton are now approx? imately 12 1-2 cents; and, so far as we can see, these prices should pre? vail in the fall. If through the sell? ing movement on the part of bears the prlecs f<?r fall deliveries are ma? terially reduced, buyers of goods will fix their estimate of the value <>r K".m|s t?n the basis of the reduced prices of futures; whereas there is every reason to believe that an ab? normal demand for cotton in the tall w in keep prices sustaito <! for the Spot ci?tt<?n and in all probability above 11-2 cents, even though the erop be very large, "Under these circumstances, Inas? much as the effect of constant sell? ing of the market by bears would have a constant tendency t?? reduce the price <>f cotton, the Southern mills have agreed to take up the cot? ton in N< w York, hoping to have thereby a strengthening tendency on the cotton market. The bears. wln? have been Helling what they did not have, arc now seised with a panic and are showing the white feather and have sought the assistance <>f the government in this condition of af? fairs. "I think that It Is most unfortunate that the governnn lit should inter? vene, in the effort to protect those who have sold beyond their posses? sions. It also is unfortunate that in this matter Mr. Wickereham, the at? torney general, at whose direction the inquiry is being made, should be the law partner of Mr. Taft, the counsel of the cotton exchange, and that Mr. Taft, the counsel, is the brother of the president. It h'*s come to a pretty pass in the government when it is no crime for a set of men to sell what they don't possess, but becomes a crime for others who are interested in the maintalnanee of prices of the raw material to act to? gether so as to compel those who have sold to deliver what they have sold." In Spnrtnnburg. Spartanburg, April 19.?The day has brought forth no crystalization of opinion among the cotton mill presidents of Spartanburg upon the action of Attorney General Wicker sham in instituting proceedings against the alleged Hayne-Brown cotton pool, many of the most prom? inent mill men are out of the city, and others who are here say they are not sufficiently informed as to the meaning of this action to comment on It at this time. There are those who think the government has made a blunder. Aug. W. Smith, president of the Woodruff cotton mills and head of the chamber of commerce, when ask? ed last night what effect the action of the federal government against the leaders of the bull campaign wou d have on the mills of the Pied? mont, said that he was not sufficient? ly acquainted with the subject to speak with any authority. Another mill present, who declined to permit the use of his name, said: "This is a subject in which I am so very much interested that I hardly know where to begin. There can he no question that it is the outcome of that same old feeling that existed between the New England States and the South more than 40 years ago. I do not mean to say that all the bulls are In the South and all the bears in the North. "I have had them to come to me from the New England States and say, 'Why don't you of the South raise more cotton?' I have invaria? bly answered them with the question, 'what is the use to raise more and raise it at a disadvantage?" they have done all they could to depress the price of cotton and having failed they have appealed as a last resort to the government. They do not seem to realize that the Southern farmer is independent. "This present action may develop into one of broad significance. At this stage one can not foretell the re? sult. The New Englander can not see why it is the Southern farmer can't raise cotton now as cheap per pound as he did some years ago. "At the time to which they refer the Southern farmer was what you might term the slave to cotton. Since then he has risen to a height of in? dependence, and it will be of interest to watch the outcome of the pic sent action." Just Instituted by Honrs. Easley, April 19.? T think the movement of Attorney General Wick ersham was Intigated by the bear clique in New York to reduce the rrice of cotton goods," said W N. I'agood. "A combined effort h:i? been pur? sued for sc eral wer<!:.< in demoralize 'he mill industry and ruin the hold t rs o*' spot cotton wh'ch was not ma terallzing fast enough, hence thU movement to further depress prices." May be Kxousable. Anderson, April 19.?Concerning the government's move against the leading cotton bulls J. 1). Hammett, president of the Anderson Cotton Mills, the Orr Cotton Mills and the Chiquola Cotton Mills, said tonight: "I have no sympathy with any movement which unduly depresses prices at the expense of the producer, neither have 1 any sympathy for a movement which enhances prices ap parantly beyond the point consum? ers can afford topay and that is par? ticularly true when the producer reaps little it* any benefit because of the lunation in value of any commo? dity. As i sc" it the present Infla? tion in value in cotton is largely be? cause of the speculative Interests and it is Immaterial to on- whether the speculator is on the bull or the bear side. "1 think his ability to Inflate or de? press prices of any commodity which is necessary to the public good should be condemned. I am averse to the government going too much into private affairs, but if the govern? ment can legally prevent Inflation in values which Is ruinous to the public or ii the government enn prevent de? pression in prices that is ruinous t" the producer then it may be excusa? ble for the government to take ac t i? >n." Greenville, April 19.?A conference of the cotton manufacturers of Green? ville and vicinity was held this after? noon tor the purpose of discussing the action of Attorney General Wick? eraham concerning the proceedings he has instituted against the alleged Hayne-Brown cotton pool. While no official statement is given out from the meeting, it may he stated that the intervention of federal authori? ties in the market just at this time Is deemed unwarranted, and is tak? en as showing a possible bias in fa? vor of the market's depression In? dividual statements concerning the situation have been obtained from a number of mill men and these out? line plainly the position of the manu? facturers. Lewis W. Parker, president of the Olympia and Granby mills of Colum? bia and Victor and Appalach mills of Greer, said, after the conference: "If the action of the grand jury in New York looks towards the inves? tigation of the purpose of certain Southern mills to take up cotton in New York, I can only say that I have purchased contracts on the New j York cotton exchange and have ar? ranged to accept the cotton due on these contracts. The New York cot? ton exchange has always claimed that its contracts represented actual cot? ton and that there would be deliver? ed actual cotton when contracts were purchased. The Southern mills have simply found it to their interest to buy these contracts and expect the cotton, and the New York exchange owes it to itself to see to it that the cotton is delivered. "There has been long in my mind a view that the effect of extreme spec? ulative selling of cotton contracts was to depress the price of spot cot? ton and 1 have felt that the only wav to teach those who sold what they didn't have a lesson was for the spin? ners who need cotton to buy con? tracts on the exchange. This year conditions were such that the mills who needed cotton, inasmuch as cot? ton was selling considerably cheaper on the New York cotton exchange than It sold In the South, were justi? fied in buying on the exchange. Be? sides that, it has been to the inter? ests of the spinners to maintain a steady price for cotton and to pre? vent the extreme fluctuations which have appeared from time to time." Capt. E. A. Smyth, president of the Pelzer mills, said that he understood that the representatives of the New York cotton exchange, when they tes? tified before the congressional com? mittee to Investigate the New York cotton exchange, 3aid that all sales on the New York exchange were ex? pected to be for delivery of actual cotton and that the exchange stood to see that all cotton sold by mem? bers of the exchange was delivered. Some weeks ago the New York cot? ton exchange depressed the price ol contracts in New York far below a parity with the value of spot cotton in the South, and the mills needing cotton felt they could secure cotton cheaper In New York by buying those contracts than they could buy the actual spot cotton in the South at the time. "They did so, I understand, having two objects in view," he said. "One to buy cotton cheaper than they could buy it at home, and believing that the cotton would be delivered tc them without question, according tc the testimony above referred to, and the second reason was that the New York Contracts, being depressed, were having an injurious effect on the value of cotton goods, and by buying the cotton in New York they believed they could maintain the full relative value of the New York contracts on a parity with spot cotton, and in this way stimulate the dry goods business, i So far their expectations have been realized and cotton quotations in New York, on which values are bas? ed as a general rule, have been main? tained nearer the value of spot cot? ton and the law of supply and de? mand has been followed; but it Would appear now that some cotton dealers in New York have sold cot? ton that they did not have and are applying for relief in some way to avoid tilling their contracts with the cotton mills." President J. M. Geer of Easley mills said: "The interference by Mr. Wicker sham is simply outrageous. An at? tempt is being made by the govern? ment to assist the bears in depressing the Smith's greatest commodity, cot ten. Why deny consumers the right to demand the delivery of an article bought in good faith? The suit must evidently be at the instigation of bears who have sold and are unable to deliver. Shame on the government for allowing Itself to be used as a tool." half, to m um. also. \linotinccs Ho Will Sot Again be Sen? atorial Candidate. Augusta. Maine, April 19.?United States Senator Hale, of Maine, in a letter dated at Washington, p. c, April 18, addressed to Byron Boyd, chairman of the Republican State committee, announces that he will not again be a candidate for the Sen atorship, and adding his declination to "engage in a conflict for that po? sition." EXCITING SCENES AT YESTER? DAY'S D. A. R. SESSION. Matter of Censuring Miss Mary R. Wilcox, Recording Secretary Gen? eral, for Alleged Insurbordination, Caused Terrific Parliamentary Out? break. Washington, April 19.?The fore? casted storm broke in the nineteenth Continental Congress of the National Society of the Daughters of the American Revolution today, and the administration forces were sustained in their first skirmish with the op? posing faction. The contest centred around Miss Mary R. Wilcox, record? ing secretary general, who, after a parliamentary wrangle, was censured by the Congress for issuing a circu? lar criticising Mrs. Matthew T. Scott, the president-general of the Society, who had dismissed Miss Agnes Gerald, a clerk at Continental Hall, for alleged Insubordination. The question of disciplining Miss Wilcox was presented to the conven? tion by Mrs. Scott In her report as chairman of the national board of management. Instantly there was a chorus of voices claiming recognition of the chair. Finally Mrs. John C. Ames, of Illinois, was recognized and she moved that the board's recom? mendation be adopted. This was a signal for further pan? demonium. Miss Wilcox arose and endeavored to read a statement de? fending her course, but was Inter? rupted and declared out of order, be? cause she was diojpasing the subject matter of the board's resolution, and Mrs. Ames' motion. A parliamentary wrangle ensued, and the Convention I was thrown Into confusion. Leaders of both factions were on their feet and motions and counter motions came from all sections of the hall. The parliamentarian of the Society finally was called to the rescue and, when order was restored, Miss Wilcox said if she had offended the presi? dent-general personally or the So? ciety, she was sorry, but she had only tried to right what she believed to be a wrong. For the last part of the remark she again was declared out of order. By a distinctive viva voce vote the motion of censure then was passed. MARING LITTLE HEADWAY". Proposed Government Cotton Inquiry Moving Slowly. New York, April 19.?Little or no progress was made by the govern I ment today into Its proposed investi I gation of the alleged pool in raw cot , j ton. Fourteen prominent New York ! I brokers appeared at the Feedral .! building in response to subpoenas, j J ready to testify, but because of the . I pressure of other work the grand jury was forced, temporarily, to abandon the investigation early in the after? noon, after only four of the witness? es had been examined. The inquiry will be resumed on Thursday. Among those who appeared in re? sponse to subpoenas were: William P. Jenks, of Craig & Jenks; Evans R. Dick, of Dick Brothers' Company; J. Temple Gwathmey; Norris Seller, of Dick Brothers' Company; John H. McFadden, of George H. McFadden & Brothers; Nathaniel L. Carpenter, of Carpenter, Baggott & Co.; Charles T. Revere, William D. Martin, Eli B. Springs, and Richard A. Springs, of Springs & Co.; George W. Neville, Edward Moyse, David H. Miller and William R. Craig, of Craig & Jenks. As the witnesses left the grand jury room they were directed to the district attorney's office, where they were questioned by Clark Kercher. Mr. Keroher said that, while, of course, future action in the case would be contingent on the action of the grand jury, he was familiarizing him? self with the caie, so as to be pre? pared for any developments. AMERIC AN GETS THIS HEIRESS. Women Fight to Obtain View of Gould-Drcxcl Wedding. New York, April 19.?Miss Mar jorie ciwynne Gould, eldest daughter of George J. Gould, and one of the richest and most attractive girls in America, is tonight the bride of an American. In a heavy down-pour of rain she was married at 4 o'clock this afternoon to Anthony j. Dresel, Jr., of Philadelphia, forming an alliance between two of the wealthiest fami ii? s in the land. st. Bartholomew's Episcopal Church, at A 1th street and Madison avenue, was thronged, and outside police reserves kept back a crowd of hundreds, who, wet to the skin, stood ??n the sidewalks for near? ly an hour hoping to catch a glimpse of the bride. Newberry is pulling for a Y. M. C. A. building to cost from $30,000 to $40,000. What will Sumter do? Just watch and see. 200 will attend the smoker tomorrow night. Are you one of them? Show that you are willing to help Sumter in this enterprise by being on hand.