THE SUMTER WATCHMAN, Est
CONSOLIDATED AUG. 2,
CHICAGO STRIKE
CONFERENCE
AJAILURE
Federal Labor Board
and Brotherhood
Chief&Fa? to Find
. Basis of Agreement
: Chicago, Oct. 20 (By the Asso
ciated Press).?Efforts by the rail
road labor board to avert the
threated railroad strike, through
conferences with heads of the five
unions which have ordered a walk
out effective October 30, failed
when the meeting adjourned to
night with the announcement by
the board that "while the discus
sions' ;were beneficial, no definite
results were obtained."
"There has been a full and
frank discussion of the situation,"
said a statement given out by Ben
W. Hooper, vice chairman of the
board. "The labor board and the
brotherhood chiefs exchanged
views in a perfectly pleasant way.
The interview was beneficial, but
we can not say that any definite
results were obtained."
Union leaders said the board had
not presented anything which they
looked on as in any way a tangible
proposition.
"It Is somebody's move next,"
said the head of one of the larger
of the five organizations. "Wheth
er it is ours, the board's or :he
roads', I don't know. I only know
that the board brought us here
and talked four hours without pre
senting anything which we could
even consider as a compromise.
The meeting was absolutely with
out results. We are going back to
our headquarters. There is nothing
scheduled immediately except to
go right ahead with the plans for
a strike."
The five union presidents depart
ed for their organization headquar
ters-.tonight with the announce
"ment-that plansvfor the proposed
strike would go right ahead.
"The adjournment is final,"
Chairman R. M. Barton of the la
bor board announced. "We do not
pten any further conferences with
the labor le?/Iers nor do we plan,
at present, to call Hi the railroad
presidents. I can not say what
our next step might be."
? While the board members came
out of the afternoon session smil
ing and in a jovial mood, they left
the night meeting with solemn
faces and refused tq publicly dis
cuss the session?aside from the
statements by Chairn^an Barton and
Vice Chairman Hooper.
Union heads, expressing hope
that the night sessicn would be
more productive than was the af
ternoon meeting, booked reserva
tions on a midnight train for Cleve
land, but refused to say whether
this should be looked on as fa
vorable or adverse to a settlement
of the railroad crisis through the
labor "board conferences.
"The situation is just as much of
a guess now as it was when we
went in there," one union presi
dent said after leaving the after
noon meeting, while a labor board
member remarked that "everyone
is smiLhig: and no one seems down
cast."
The afternoon meeting was start
ed with the labor board, which
called thev conference presenting
its plans for settlement of the dif
ficulties. These were understood to
be based on the public group an
nouncement in Washington recent
ly that the strike could be averted
if the roads reduced rates, tem
porarily postponed attempts at
further wage cuts and the unions
accepted the recent 12 per '*cent.
cut authorized by the board."
The union presidents in the con
ference?W. G. Lee of the train
men; W. S. Carter of the firemen;
L. E. Sheppard of the conductors;
Warren S. Stone of the engineers;
T. C. Cashen of the switchmen?
were said *o have told the board
that the unions "were fighting for
their lives" and that any settlement
would have to be one which would
do away with what they termed
the prevalent impression among
the men that they were being
gypped.
They found nothing in the labor
board's proposal, it was said, which
would warrant a cancellation of the
strike order and were quoted as
frankly telling the board that the
strike "could not be postponed,"
and that only a settlement would
keep it*from taking place as sched- J
uled.
The board, after a two and a
haif~ hours' discussion, requested
that the conference be adjourned
until 7 p. m. and immediately dis
patched a series of telegrams to
Washington outlining the discus
sion.
G. W. Hanger, of the board, in
timated after the day's meeting
that the conferences would run I
through tomorrow but the action
of the union chiefs in making train
reservations seemed to preclude
this.
One union president, after a con
ference of the five chiefs which j
followed the labor board meeting. I
declared that "two lives are at
stake in the present conferences."
"The labor board, according to
reports in Washington, is fighting
for its life and its future depends J
on its ability to settle this matter," j
he said. "So are we fighting for j
our lives and the future of rail
road labor depends on our ability j
to protect our employees in this I
situation."
No formal statements were is
sued by either side following the I
ablished April, 1850.
1881.
I WAR POWERS
MAY BE USED
AGAIfCTSTRIKE
President Harding
Advised to Use His
Authority to Pre-|
vent Paralysis of
Business
.Washington, Oct. 21.?Whether
to resort to the war powers to
maintain railway transportation in
the event of a strike is understood
to have been considered by the ad
ministration. It became known af
ter the cabinet meeting that some
members advised the president to
use his authority.
Chicago, Oct. 21.?The labor
board adopted a resolution citing
the big four brotherhoods, the
switchmen's union and all roads
' named in the July 1st wage reduc
tion to appear before them Wed
nesday. It is their purpose to de
termine whether they are violating
the wage order. They announced
?'the board hereby assumes juris
diction of the said dispute on the
statutory ground that it is likely
to substantially interrupt com
merce." They warned both par
ties to maintain the status.
Chicago, Oct. 21.?The packers
have begun storing fresh meats for
emergency use in case of a strike.
Preparations are being made, it
was said, to stock strategic distrib
uting centers to the maximum.
W. G. Spurgin
Is Identified
Miami. Fia., Oct. 23.?The "man
of mystery" who committed suicide
last Thursday night in a local ho
tel was identified tonight as War
ren C. Spurgin, missing president
of the Michigan Avenue Trust Com
pany of Chicago, by W. F. Bennett,
of Miami, former Chicago broker
and intimate friend of Spurgin.
Bennett said tonight that h:>
? could not be mistaken in his iden
tification, that he often had be*>n in
Spurgin's company, had dined with
him in numerous occasions and had
entertained the former banker ir
return.
The identification followed Btrn
nett's reading a I >cal newspaper's
j article commenting on the remark -
I able likeness of .the dead man to the
j missing banker as shown by pho- j
i tog-raphs of Spurgin.
Some people say they never lie.
Others tell the truth. _
j afternoon meeting, but represen-1
tatives of both groups discussed the
meeting freely in an unofficial way.
Members of the board said that
while the conference had ended
and no immediate plans had been
made it still was possible to hold
further meetings with the labor
men before the date of the sched
uled walk cut arrives.
"The board is determined to go
as far as possible under the law,"
one member said, "and if it is un
able to accomplish anything it will
be the fault of law rather than
that of the board. We are satis- i
lied that some government agency
will find a solution of the situation
as every possible angle of the mat
ter is undoubtedly being investi
gated down at Washington."
None of the board members
would indicate an optimistic view
of the day's proceedings. They
I said chat the labor chiefs remained
inflexible in maintaining that the
present fight was a fight for the life
of their organizations. The diffi
culties in the present crisis were
declared by the union men, it was
said, to be entirely the fault of the
carriers, the brotherhood men tak
! ing the position that many rail
roads had violated the board's or
ders. They made it clear to the
board, however, members said,
that they did not consider these
I violations the fault of the board,
but due to the fact that the trans
portation act "had no teeth."
Members of the board said they
did not consider that the board
had exhausted its powers and that
i an executive session would be held
tomorrow when further pro
cedure would be determined.
Union heads expressed the opin
ion that if there were any concrete
results of the conference they lay
in the fact that the minds of the
labor board members were dis
abused of the idea that the unions
were not sincere in calling a
strike."
"When we went in there," said
one chief, "the board seemed to be
of the opinion that we had been
-bluffing and were just waiting for
some one to dissuade us from car
rying out the strike order.
"Believing this, the board had j
virtually nothing to offer in the !
way of a settlement plan. Mem- j
bers talked a lot but really had lit- J
tie to say of any importance? |
merely trying to get us to change j
our stand.
'"They seemed to think that we |
could postpone the strike until we j
made it plain that couldn't even j
l?e considered and that there must
be a settlement satisfactory to us j
or the walkout will begin at 6 a. m.
October 30.
"We hope some angle will ap- j
pear with a plan to avert the strike :
but there were no such angle at
today's meetings. The chief result
of the conference was the labor
[board knows we are not bluffing
I and we know that tin y had no real
I plan to offer.
'?Be Jnst and Fear 1
600,000
REFUSE
TO STRIK
Railroad Brother
hoods Not Receiving
Expected Support
From Shopmen
Chicago, Oct. 23 (By the Asso
ciated Press).?The prospective
railroad strike scheduled for Oc- i
tober 30 was limited to approxi
mately one-fourth of the nation's ]
railroad employees when officials j
of the Brotherhood of Railway and ;
Steamship Clerks, Freight Handl
ers, Express and Station Employees
representing 350.000 men, voted
tonight not to authorize a walkout
by their members for the time be
ing.
This action increased the num- j
ber of major railroad unions i
which have voted not to strike now j
to nine and the number of railroad j
employees bound by such action to I
about three-fourths of the coun-1
try's total of approximately 2,000.- !
000. The vote was taken in a meet- j
ing which lasted several hours and
in which some of the officials at i
first favored a walkout October 30 j
in protest of recent wage cuts.
These officials finally swung over to !
a "no strike now" policy, but the j
question of quitting work will be i
taken up again after the labor
board renders a decision on the
rules and working conditions ques
tion now before it. Tonight's ac
tion by the clerks leaves the signal
men and the telegraphers the only
organizations in 11 "standard" rail
road unions which may join the j
conductors, firemen,. engineers, j
trainmen and switchmen in the j
strike they have called.
The telegraphers tentatively have j
aligned themselves with the "Big j
Five," but officials of this union ;
said tonight that the decision i
might be changed before the strike ;
date arrived. The signalmen have
not yet.\ rted.
While '.he official statement an- !
nouncing the clerks' action said!
that everything had been harmon- j
ious in the meeting, individual of- j
ficials declared the decision had
been made only after vigorous de- [
bate. It was argued by these offi
cials that the clerks, are more |
closely related in their work to the j
members of the Big Four brother- :
hoods than are any of the other
nnions and that consequently many :
of them thought they should sup- I
port the Big Four in its strike call. \
The turning point in the debate 1
came when it was said the officials |
announced that they, like the lead
ers of the other "standard" un- {
ions, had not been able to persuade !
the brotherhoods and the switch
men to agree to- support them j
throughout the proposed strike, j
When it was announced that the |
brotherhood had informed the
officials that they would return to
work when their personal griev
ances had been settled, regardless
of the action of other striking j
unions, the sentiment swung to the j
"no strike" plan, it was said by j
those present at the meeting.
The statement announcing the !
clerks' action was almost the same j
word for word as the one yesterday i
from the federated shop crafts an- j
nouncing that their men would |
not be authorized to strike. It was j1
pointed that the "present is not the !
time to strike." 1
Officials announced that the labor j '
board, as intimated by members, j
would withhold the decision on I 1
rules and working conditions until J
after October 30, the date set for j 1
the proposed strike by the "Big1 1
Five."
Members let it be known that
all decisions on questions on which
there might be a strike will be j !
withheld until after that date, ex
plaining that in that way it was j ]
hoped the walkout would be avoid- | '
ed as the men have been ordered i :
by the board not to strike until 1
after the hearing of railroad and
union chiefs which starts Wednes
day.
The board announced tonight j *
that it was summoning 1,400 gen- j j
eral chairmen of the unions at- j
fected as well as the presidents. : '
The sessions will be open to the j j
public and a large attendance is
expected. !i
Railroad officials tonight express- ! -
ed the belief that the backbone of | '
the proposed strike was broken i ;
when a majority of the standard j 1
unions decided not to strike Oc
tober 30. Although a strike
would affect all train service men,
officials said that service would
not be impaired for more than a
day or two and that these men i 1
would be quickly replaced.
- r^r
Cleveland, Ohio. Oct. 2P..? Re- j '
sponsibility for the nationwide rail- j
road strike, scheduled to begin next
Sunday morning, was placed on \ 1
the United States railroad labor
board and the carriers in a state- j J
ment issued here today. This and j
the announcement that all the gen- <
eral chairmen of the "Big Five" ; I
brotherhoods, numbering about 600 ?'
men, also have been cited to ap- 1
pear before the board in Chicago
Wednesday, featured today's strike
developments here. | <
The attitude of the union chiefs! 1
was explained after a conference <
of four of th?> "Big Five" leaders I
today in a statement by Warren S. i
Stone, president Of the Brother- . 1
hood of Locomotive Engineers, in ' 1
which the chiefs reiterate their f
hope that a solution acceptable to <
the employees may yet be found. j 1
It was indicated that the state- I <
S'ot?Lei all the ends Thou Ainis't
Sumter,. S. C, Wednesd
More Than Hundred
Communists Slipped
into United States
to Commit Violence
Paris, Oct. 21.?French police
officials asserted today that more
than a hundred European com
munists have slipped into the
United States for the purpose Of
causing trouble if the two Italians
convicted of murder in Massachu
setts are executed.
INTERSTATE
COMMISSION
CUTS RATES
Decision Rendered
That Involves En
tire Railroad Situa
tion?Freight Rates
and Wages Reduced
Washington, Oct. 22.?In a de
cision involving the entire railroad
situation the. interstate commerce
commission has ordered freight
rates on grain, grain products and
hay, throughout west, reduced by
an average of approximately six
teen per cent. The carriers are
ordered to put the reduction into
effect immediately and by No
vember 20th, at latest, and directed
that the low state of railroad earn
ings which led to the rate increases
in 1920 should hereafter be recti
fied by reductions in wages and
prices and that a downward ten
den cyshouldbes^
ment may be regarded as an outline
of the stand the labor leaders will
take when they appear with the
executives of the railroads before
the labor board. The statement
follows:
"With regard to the position of
the employees of the railroads at
this time, we can only say that
their representatives are patiently
awaiting for any developments that
would appear to offer a solution of
the situation that confronts us.
"We are not now, nor have we
pver been, desirous of being party
to precipitating a strike, but when
it is quite apparent that the rail
roads propose to not only reduce
wages, but to take from those em
ployees practically all the condi
tions of service that have been
maintained for many years and
the railroad labo- board is unable
or fails, to give us any assurance
we will be protected from such on
slaughts by the interests that con
:rol the transportation lines of our
country, nothing is left for the em
ployees but to stand on their con
stitutional rights to retire from the
service of these carriers.
"We are advised through the
lewspapers that the interstate com
merce commission has authoriz
?d a considerable induction in
"reight rates. Notwithstanding the
"act that the wages of the rail
road employees have been '.educed
L2 per cent since July 1, there was
to talk abouc a reduction of freight
?ates until this crisis arose. Now
he railroads are attempting to
jain the sympathy of the public in
his crisis by this late reduction of
?at es.
"The public never would have
-eceived this reduction with the
consent of the railroads had the
?ailroads not been confronted with
;his emergency."
Besides Mr. Stone, others attend
ng today's conference were W. G.
>e, president of the brotherhood
>f Railroad Trainmen: L. E. Shep
>ard, president of the Order of
Railway Conductors, and W. S.
barter, president of the Brother
lood of Locomotive Firemen and
Enginemen. T. C. Cashen, presi
ient of the Switchmen's Union of
S'orth America, the other member
>f the "Big Five," is expected to
irrive here tomorrow and attend
'uture conferences of the chiefs.
The establishment of open shop
conditions on the Tremont & Gulf
?ailroad and the strike at noon yes
erday of trainmen on the Inter
national tSL- Great Northern rail
road wer?* under discussion in
oday's conference, but none of the
rhiefs would comment on the sit
uations on these roads.
Chicago: Oct. 24.?The railroad
abor board announced that it had
'reason to hope" the strikt- will be
iverted.
The formal announcement warn
?d tin- public to ??refrain from loose
alk and provocative language
ibout either side of the contro
*< i-sy."
Chicago. Out. 24.?The Big Five
>rganizations today reiterated their
yarning to the labor board that
>nly a satisfactory settlement can
?revent the strike, in their joint
eply to the board's citation to ap
>ear Wednesday. Since fourteen
lundred general chairman were
summoned to accompany the oth
ers a prolonged hearing would
eave the locals leaderless in the
vent of the strike.
at be thy Country's, Thy God's and
ay, October 26, 1921
Lloyd George Will Sail
November 5th For
Washington Arma
ment Conference
London, Oct. 21.? Premier Lloyd
George has decided definitely, it
was announced this morning to
leave for Washington on November
5th on the Aquintania, arriving in
time for the first session of the lim
itation of armaments conference
on November 11th.
? m +
INVADES
HUNGARY
Deposed Emperor of;
Austra - Hungary!
Makes Another Ef
fort to Regain?
Throne
Vienna, Oct. 2..?Former Em- ;
peror Charles arrived at Odenburg,
Burgenland on Friday in an air- [
plane from Switzerland, according i
to an udenburg message, and is re
ported to be proceeding toward
Budapest, Hungary, escorted by
troops. Advices state that a pro-.
visional government in Charles' fa
vor has been formed in Burgen- ;
land.
As Charles advances into Hun
gary the situation grows tense. Rail
and wire lines have been cut at the
Hungarian frontier. It is rumored
that the Czechs are mobilizing, j
The Austrian government has an- ;
nounced that all precautions have j
been taken and that th? guards, '
including the reserves, have been i
called out.
Charles To
. Be Expelled
Paris, Oct. 22.?Hungary will
take steps to promptly expel
Charles from her territory, accord
ing to information obtained here
Murder in
Horry County
Con way, Oct. 21.?A double mur- !
der was committed in the Burgess
section of Horry county early last
night. A negro. Josh Brown, shot
and killed his wife and his moth
er-in-law, Liza Gore, after shooting
twice at Mr. Van Turbeville. He
escaped before the alarm was giv
en and has not yet been caught.
Scores of men. white and black, j
were today scouring the lower sec- |
tions of Horry and Georgetown ?
counties.
It seems that day before yes- !
terday John Brown had some dis- I
agreement with Mr. Turbeville on i
whose place. Woodstock, he had a
small crop this year. Yesterday he
was at work as usual and Mr. Tur
beville was also at work in the
same field with him. He left the |
field a few minutes before Mr.
Turbeville late in the afternoon.
Mr. Turbeville thought nothing
strange of this. Later on Mr.
Turbeville started home and hav
ing to open a gate he got down J
from his wagon and as he got down
the negro shot him twice in the I
shoulder, inflicting a very severe
wound. His condition is serious
today.
After shooting Mr. Turbeville
who managed to shoot twice with
a rifle which he had in the wagon,
John Brown went back to his home
and calling his wife to the door
shot her dead as she opened the
door. A small child in the yard
ran to give the alarm. In the
meantime, it is presumed that Liza
Gore, whose daughter was the
wife of Brown, closed the door but
when neighbors reached the scene
they found the door broken down
and both Liza Gore and her daugh
ter dead. The authorities were no
tified and are making a diligent
effort to apprehend Brown.
? o o--?
Chattanooga. Oct. 24.?The city
presented a gala appearance in wel
coming the Confederate veterans'
and others arriving for the thirty- |
seeond annual reunion, which be
gins officially tomorrow. The so
cial program opened today.
<? ? ?
Chalons. Sur-Marne. Oct. 2 1.?
The American unknown soldier
who will be buried in the national]
cemetery at Arlington was chosen I
lure by Sergt. Edward F. i'oungei
of Chicago, at a simple ceremony, j
? O
Berlin, Oct. 24.?Admiral Horthy,
the Hungarian regent tied from I
Budapest, leaving the government !
in the hands of a provisional di
rectorate composed of monarchists,
says a Teschen dispatch to the
Vossische Zeitung.
Washington, Oct. 2 4.? Attorney
General Daugherty returned ftwi
a trip to the middle west, where it
is reported he made an informal
survey of the railroad strike sit
uation. He called immediately at
the White House.
: ULTIMATUM
SENT TO
HUNGARY
Czecho - Slovakia De
mands Expulsion of
Former Emperor
Charles Within For
ty-Eight Hours
London, Oct. 24.?An ultimatum
has been sent the Hungarian gov
ernment by Czecho-S 1 o v a k ia
giving forty-eight hours for the re
moval of Charles, says a Vienna
dispatch to the Exchange Tele
graph company. Another Vienna
dispatch to the company says a
truce between the government and
Charles' troops ha? been arranged.
.
Declared Casus Belli
London, Oct. 24.?It is reported
in Vienna that the British high
commissioner has declared the en
tente powers would construe the
j continued presence of Charles in
Hungary as a causus belli, says the
Exchange Telegraph company.
Capture of Buda
pest Expected
rari-3. Oct. 24.?Charles' forces
are closing in' on Budapest with
out meeting much resistnace, the
allied council of ambassadors was
informed.
Hungarian Forces
Win Success
Budapest, Oct. 24.?The Hun
garian forces have won successes
against the Karlists, it is announc
ed. Reports said they are attack
ing the Karlists* rear.
Mobilizing on Frontier
Belgrade, Oct. 24.?Jugo-Slav
forces are concentrating on the
frontier of Hungary.
War in Hungary
Vienna. Oct. 23 (By the Associat
ed Press).?TXe exact situation in
Hungary is now beyond the knowl
edge of the Austrian foreign office
which today lost communication
with Budapest. There have been
all kinds of rumors, including one
reporting the entry or1 Charles, the
former king, into Budapest and the
defection of some of the govern
ment forces to Charles' banner as
well as the repulse of the monar
chist forces and other conflicting
information. Put it is known be
yond a doubt t tat there has been
brisk and possibly sanguinary
fighting close to Budapest.
A telephone message from Pra
gue said that Charles had succeed
ed in reaching Budapest while the
Vienna Freie Press announced that
the Italian legation has received
news from Budapest that some of
the troops in that capital have
broken in favor of Charles.
Early reports agreed that thr
Karlists had been checked at Bud
aor, which is about 17 miles from
Budapp - one of the dispatches
saying .it train bearing Charles
had reached that place but was
forced to back out hurriedly upon
a show of resistance by govern
ment troops.
Odenburg and Stahlweissenburg
troops, it is declared, are hasten
ing to reinforce the former king j
and the fact that bloodshed has i
begun is believed by those who
know the Hungarian character to
foreshadow a final grapple between
the reactionary and the republican ;
forces that probably will extend j
beyond the borders.
Though possibly checke 1 the |
monarchists are evidently concen- j
trating for further attacks, for lat- j
est. though meagre, advices say j
that the battle between the
monarchists and government troops
continues, and also that th-3 be
havior of the government forces j
is irreproachable. Government I
circles hope to be able to hold out!
until the arrival of reinforcements J
from the provinces which are ex- ;
pected tomorrow afternoon.
Insurgent bands from Burgen-j
land are reported to be marching j
to the support of Chorles. An
Odenburg dispatch to The Tage
blatt gives the report of the resig- i
nation of the Pehlen cabinet, but
this is without confirmation.
London. Oct. 24.?An official tele-1
gram from Budapest late tonight |
said that the Hungarian premier'
had informed the Britsih minister!
that Charles' forces had been driv
en back and fresh troops were ar
riving to oppose him.
London. Oct. 24.?The British!
government has notified the Hun- j
garian government that the latter i
must expel Charles, it is learned;
here in well informed quarters. It j
is said the government reserves the j
right to support Jugo-Slavia.
Czecho-Slovakia, and Rumania m j
any action for the expulsion of
('ha lies.
? <?? ?
Ginnrey Burned.
Rembert, Oct. 24.?The ginnery;
of Thomas Wright, colored, who
lives in the lower Hagood section I
was burned Saturday morning!
ivhile in operation. The cause of |
the fire and other particulars?j
xmount of the loss and insurance,
if any?are not known.
The tariff is a thing of duty and
r. toy forever.
THE TRUE SOU
COURT VERDICT
SET ASIDE
BY_APPEAL
Fox, Kirby and Gap
pins Although Guil
ty Beyond Doubt Es
cape Death Chair
For a Time
I Columbia, Oct. 20?C. O. Fox,
! one of the trio recently convicted
j at Lexington of the murder of
! William C. Brazell, Columbia taxi
' driver, will net be electrocuted to
| morrow, the date set for his death,
j His two co-partners in crime J. S.
j Kirby and Jesse Gappins, likewise
j sentenced for electrocution tomor
' row, already have appealed, which
j stays their execution. Under no
i circumstances can either of them
I be electrocuted before next year,
' for, regardless of the action of the
I state supreme court in the sepa
I rate actions before it, none of the
1 men can be resentenced until Jan
i uary, when the next term of the
j court of common pleas meets at
i Lexington.
I Justice Thomas P. Cothran. of
the state supreme court, this even
ing at the chamber of the appelate
court, refused the plea of H. A. I.
1 Rosenberg, attorney for Fox, for
j a writ of supercedeas. After the
! justice had dismissed the writ of
habeas corpus granted by him yes
terday Mr. Rosenberg then appeal
ed from the decision of Justice
Cothran to the full personnel of the
supreme court, and service of the
appeal was accepted by Samuel M.
Wolfe, attorney general, and. T. C.
Callison, solicitor of the Eleventh
judicial circuit, who prosecuted the
three convicted murderers. The
filing of a verified copy of the ap
peal on A. K. Sanders, superin
tendent of the state penitentiary,
? by Mr. Rosenberg this afternoon
! automatically stayed the execution,
j One of the most concerned spec
! tators in the crowded court room
j was the father of C. O. Fox, who
ivas here in the hope that some
eleventh hour intervention would
prolong the life of his son. He
wired his relatives at Stanley
Creek, N. C, that his son would not
! die tomorrow.
j Mr. Rosenberg made four major
j points in his petition and argu
I ment:
j 1?That Fox signified his inten
; tion the day after his trial, which
I commenced September 13, of tak
i ing an appeal, but. because of the
i abandonment of the case by Mc- j
i Kenzie Barr, his court-appointed |
I attorney, through his ignorance of j
; the law, and because of penury, he
j was unable to employ counsel, to
j perfect the necessary papers with
j in the ten-day limit. That, if it
j were not for the gratuitous ser
j vice rendered by Mr. Rosenberg,
j Fox would have to die without re ?
j course to his legal rights,
j 2?That on October 14, the at
j torney general had refused to ac
cept service from Mr. Rosenberg
? on a writ of appeal on the plea
j that this was not a matter for the
i attorney general, but for the cir
j cuit solicitor. The solicitor was of
fered service and he also refused
on the ground that the prisoner
had lost his right because of his
failure to give notice of going to
j the supreme court before the ten
; day limit after conviction. He
I contended that this service should
j have been accepted,
j 3?That the court which tried
1 Fox was without jurisdiction and
! that the grand jury which drew up
! the bill of indictment was illegal,
in that the minutes of the clerk of
court did not show that the mem
j bers of the jury were sworn.
4?That section 384, of the civil
code of li* 12, providing only ten
days for appeal is repugnant to
section 1, article 14. of the federal
constitution, in that it deprived
Fox of his liberty and life with
out due process of law, he con
tended that Fox should have the
right of appeal up to the ti.ne set
for his execution.
Solicitor Callison in Iiis argu
ment dismissed as trivial the con
tentions of Mr. Rosenberg. He de
clared that the Lexington grand
jury was sworn, according to law,
and that, through error, the clerk
of court did not insert them in his
minutes. Judges Devore. Gary and
Sease, he said, had declared that
the grand jury was legally sworn
and had dismissed appeals on this
same ground.
Justice Cothran in his oral ae- j
cree held that the petition of Mr. i
Rosenberg did not present any i
grounds on which he. as a mem
ber of the supreme court could I
give any relief. He held that the
Lexington grand jury was legally
sworn, that the statute law allow
ing only ten days in which to ap
peal w;;s not in conflict with the
federal constitution, in that, in this
case, the due processes of the law
had rakne their course, and that
the state supreme court has re
peatedly held that, unless a defend
ant takes advantage of the stipu
lated time for appeal his case is I
out of court.
He then dismissed the plea for
a writ of habeas corpus, and re- i
fused the prayer for a writ of su
percedeas. which would stay the
death sentence until an appeal
from his decision would be per
fected, lb- contended that he was
powerless, as one member of the
court, to issue such a writ.
Yesterday. Justice Cothran is- j
sued an order of habeas corpus to i
bring Fox into the court this af- i
ternoo] , but, through an oversight '
'THROX, Established June 1, 1866.
YOL.LIII. NO. 21
TO DEADLOCK
"Purple Hurricane"
I Outplays Tigers But
Loses Ground on
Fumbles ? Lack of
Kicker Evident
Greenville, Oct. 21.?Battling
desperately with its reputation at
stake the Clemson Tigers staged a
great comeback by holding the
"Purple Hurricane" to a scoreless
tie. "urman was counted on to
win but never did the Tigers give
a greater exhibition of gameness
than on Manly Field before 5,000
spectators this afternoon.
Fumbles cost Furman the game.
Both teams relied on straight line
play for the mo- c part. Forward
passes were tried often but the
Baptists completed but one for 27
yards while Clemson worked one
for 15 yards and had one Inter
cepted.
Furman was struggling in the
Tigers' territory for about all of the
first half. In the third quarter
honors were about even. Clemson
staged a great rally in the final pe
riod ..and threatened several times
because of fumbles by Furman.
Never was the lack of a kicker
more seriously felt by both teams.
A good drop kicker on neither team
would have changed the result as
two or three opportunities were
offered from the 15 and 20 yard
lines. Not a try at a field goal was
attempted.
Strike Prospects
In the South
Atlanta. Oct. 21.?Representa
tives of 21 railroads, including
practically every line in the south
east, at a meeting here today laid
plans to meet the threatened strike
and adopted resolutions indorsing
the 10 per cent, wage reductions
decided upon recently by the As
sociation of Railway Executives at
its meeting in Chicago.
The Southern railway system,
which had announced it took no
part in the Chicago meeting which
demanded an additional wage re
duction, was not represented hare
today.
W. R. Cole, president of
Nashville, Chattanooga & St. ?
railway, who presided over today's
conference, said the executives
were unanimous in agreeing upo:
means to meet a strike and that
they hoped to be able to serve the
public in case of a walkout. No
details of plans w-re disclosed.
Asheville, N. C, Oct. 21.?Mem
bers of the four brotherhoods em
ployed on .Southern lines included
in group No. 1 called to strike Oc
tober 30, wiil go out, said James
j F. Barrett, president of the North
Carolina Federation of Labor, to
night following a conference with
chairmen ard members of the or
ganizations from this district.
The brotherhood leaders told
Mr. Barrett the announcement of
an official of the Southern systec*
that the Southern had not request
ed the last wage cut would have
no effect on the strike vote. The
spokesman also asserted, said Mr.
Barrett that the Southern was not
represented in July when the tail
road labor board ordered a 12 1-2
per cent, reduction, but was among
the first lines to come in under
the "15 day clause."
? o-o
Cleveland, Oct. 24.?The Big
Fivec hiefSHTAOIN UN_. UN_.
Five organization chiefs, after a
secret conference, announced that
the strike situation is unchanged.. ?
? ? e ?
Palestine. Texas, Oct. 24.?The'
third day of the strike of trainmen
and switchmen on the internation
al and Great Northern railroad
found passenger service virtually
uninterrupted", according to com- -d
pany reports.
m * ?
Vienna. Oct. 24.?Charles' mili
tary strength is reported to be in
creasing.
Washington. Oct. 24.?Rain with
in thirty-six hours in the South At
lantic states will attend the tropical
storm which is now central near
the extreme western end of Cuba
and moving northward, the weath
er bureau announced.
the superintendent of the state
penitentiary was not served with
the notice. Mr. Rosenberg, with
the consent of Solicitor Callison,
waived the appearance of the pris
oner. It is probable that 100 cu
rious persons were in front of the
state capital to get a glimpse of
Fox when he was brought from
the state rpison.
It is possible that the execution
of the three men will be indefi
nitely delayed, unless there is some
legislation tc relieve the present
method of appeal. It develops
that under an opinion of the state
supreme court, delivered some
years ago. if the three men are
taken to Lexington for reser.tence.
after their fate is decided, they
can appeal for a new trial before
the sentencing judge, which, of
course, would be refuse." Then
an appeal can be taken to the ap
pellate court. And this procedure
can be indefinitely extended.
Solicitor T. C. Callison and John
M. Daniel, assistant attorney gen
eral, represented the state at the
hearing.