7 Nisan 1903 Tarihli Birmingham Age Herald Gazetesi Sayfa 1

7 Nisan 1903 Tarihli Birmingham Age Herald Gazetesi Sayfa 1
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THE BIRMINGHAM AGE-HERALD. VOL. 29 BIRMINGHAM, ALABAMA, TUESDAY, APRIL 7, 1903 NO. 3 12 WORKING MEN OF THE WEST HEAR THE PRESIDENT SPEAK Roosevelt Delivers Speech on Wage Workers and Til lers of the Soil SAYS MUCH IS GAINED ’ BT STRONG ORGANIZATION Takes Occasion to Tell of the Work of the Department of Agriculture, ‘ Sayinj It Has Done Much for the Farmer. j Aberdeen, S. D., April 6.—President Roosevelt today traversed South Dakota and made more speeches than on any other day during his present trip. He began with two speeches at Sioux Falls this morning, and ended his twelfth speech this afternoon at Aberdeen. The speeches were confined for the most part to the tariff and to the mineral prosperity of the country. The President was ac corded a cordial welcome at the different stopping places, and at many stations where the train did not stop the crowds gathered and cheered as the special train I sped by. One feature of the day was the large number of children in the var ious audiences, and the President re ferred to them several times, saying that he was glad to see that the stock was not dying out. The President had as his guests during tho day Senators Kittredge and Gamble, and Representatives Martin and Burke, the South Dakota delegation in congress. At Tulare the President departed from his usual custom, and descending from his car shook hands with the people gath ered at the station. Yankton was the first stop after the train left Sioux Falls. To the multitude at Yankton the President spoke on the tariff and the qualities of good citizen ship. Another Long Speech. At Mitchell the President made the longest address of the day. His audience was large and his speech was frequently interrupted by applause. Here he dis cussed the work of individuals and the important part they play in the up-build ing of the nation. “You can lift up a man if he stumbles; if he lies down you cannot carry him. If you try to it will not help him and it will not help you. So. fundamentally, It must rest upon yourself to win success. “As I said law can do something, wise legislation, wise administration of the government can do something. If you have bad laws, badly administered, they will spoil any prosperity. It is easy enough to get a bad law that will stop the whole business, but to get a good law it is not so easy. It is easy to sit outside and say how the man inside should run the machine, but It is not so easy to go inside and run the machine yourself. "This prosperity to which we have at tained has been reached under a series of economic moves included in a system through carrying out certain ideas in the currency and in the tariff. We cannot afford to reverse the system. Improve ment can be made in it. In the tariff, for instance, schedules are not sacred, and as the needs of the nation change and shift, It will be necessary to change certain schedules to meet those shifting needs.” The other stops of the day were made at Woonsocket, Scotland, Tripp, Parks ton, Redfleld and Alpena. There is a possibility of the President spending a day in Deadwood, S. D. The President is scheduled to arrive at Fargo, N. D., at 4:40 o’clock tomorrow morning, but he will not leave his car until 8:30 o’clock. At Fargo the President will deliver one of the longest speeches of his tour. He will spend tomorrow in North Dakota and will enter the Yellow stone park Wednesday afternoon. President’s Set Speech. The president’s set speech was deliv ered at Sioux Falls and was as follows: Fellow-Citizens: There are many, many > lesser problems which go to make up In their entirety the huge and complex prob lems of our modern industrial life. Each of these problems Is. moreover, connect ed with many of the others. Few, In deed, are simple or stand only by them selves. The most Important are those connected with the relation of the farm ers, the stock growers and soil tillers, to the community at large and those affect ing the relations between employer and employed. In a country like ours it is fundamentally true that the well-being of the tiller of the soli and the wage-earner is the well-being of the state. If they are well off, then we need concern our ! selves but little as to how other classes stand, for they will inevitably he well off too; and, on the other hand, there | can be no real general prosperity' unless based on the foundation of the prosper ity of the wage-earner and the tiller of the soil. Needs or the Two Classes. But the needa of these two classes are often not the same. The tiller of the soil has been, of all our citizens, the one, on the whole, the least affected In his ways of life and methods of Industry by the Riant industrial changes of the last halt century. There has been change with him, too, of course. He also can work to best advantage If he keeps In close touch with his fellows; and the success of the national department of agriculture has shown how much can be done for him hy rational action of the government. Nor is it only through the department that the government can act. One of the greatest and most beneficent measures passed by the last congress, or indeed by any congress in recent years is the Irri gation act, which will do for the states of the great plains and the Rocky moun tain region at least as much as ever has been done for the states of the humid region by river and harbor Improve ments. Few measures that have been put upon the statute books of the nation have done more for the people than this law will, I firmly believe, directly and Indirectly, accomplish for the states in question. Works for the Farmers. The department of agriculture devotes Its whole energy to working for the wel fare of farmers and stock growers. In ev ery section of our country it aids them In their constantly increasing search for i better agricultural education. It helps aot only them, but all the nation, in (Continued on Third Page) I BICYCLE RIDERS HAVE SMASH DP TWELVE-HOUR CHAMPIONSHIP RACE ENDS IN MIX-UP, IN WHICH SEVERAL RIDERS ARE SERIOUS ) LY INJURED. Atlanta, April 6.—The 12-hour champion ship bicycle race at the Coliseum, ended tonight In a general mlx-up, In which seven of the eight men riding at the time, were thrown from their wheels. John Bedell of New York was seriously Injured, a deep gash being cut In his head, and a bicycle spoke penetrating his thigh. Billy Fenn and Iver Lawson sustained lesser Injuries. Bedell Is not believed to be fatally hurt. The team, composed of Jimmy Moran and Nat Butler of Boston, was declared winner of the race, with an aggregate of 292 miles and four laps. The positions of the other teams has not been determtneo, owing to the great confusion which fol lowed the mix-up and the disputes that grew out of it. George Lcander and Amos Bedell engag ed in a personal encounter In which blows were freely given, and Leander was knocked down. The judges spent more than two hours in disputation before the final decision was given out, declaring Moran and Butler the winners. ITALIAN BRIGANDS IN NEW YORK. Police of New York and Suburban Cities Have Difficult Task. New York, April 6.—As a result of the recent influx of scores of thousands of Italian Immigrants and with them brig ands who have been driven from their native provinces, efforts are being made to transplant to American soil some of the most pernicious of Italian Institu tions. Against this the police of New York and suburban cities will unite their forces. Italian outlaws have created a society of a secret nature having for its object the levying of blackmail, the vic tims being their own countrymen, who, knowing their methods, are willing to pay for immunity from other persecu tion. These brigands have been partic ularly active in Westchester county. Three alleged members of the secret so ciety have been arrested, and if their identity is established they will be severe ly punished. . Wealthy Italians all over New York and in nearby cities have received letters signed ''President,” demanding sums of money varying from $25 to $100, and giv ing directions for the method of payment. Death Is to be the penalty for refusal. The chief of police of New Rochelle has received many letters from Italians who have been threatened. In many cases he has been told that ihe money has been paid. Prominent Italians have told him that the society is composed of the most dangerous characters who have been driven from Italy. RAVES ABOUT HIS ENGINE. Engine Driver Who Wa» Hurt In a Wreck Is Delirious. Newark. N. J., April 6,-Oscar Bar cliffe, the engine driver whose train was in collision with the trolley car on the Clifton avenue line in this city on Febru ary 19. with the result that nine lives were lost and thirty persons were In jured, has recovered physically but hla mind is gone, at least temporarily. Barcltffe raves about his engine and constantly manipulates imaginary throt tles. levers and testing valves. Owing to his condition he has had to be removed from the place In the hospital which was given him when he was getting better. This is the one most sought by patients, for it overlooks the entrance on High street. It Was thought this would arouse interest in BarciifTe’s mind. He kept on his ravings, however. Near the hospital entrance the first thing the engineer's eye rested on while looking out of the window was a statue of St. Michael. It Is in colors and Is life size. The cloak has a colored cape, and it was this color that disturbed the en gineer. He imagined the red cape to be a danger signal. 8LAVERY DID GREAT GOOD. Dr. Parkhurst Says It Has Made the Negro Obedient. New York. April 6.—The Rev. Charles H. Parkhurst, In his sermon yesterday, touched upon one phase of the negro question. Compulsory obedience, he said, Is not the Ideal form, but Ideal obedi ence has to be reached through a pre liminary state of compulsion. Continuing, he said: "It was well for the negroes In the south that, not being competent to be a law for themselves, they had masters that were a law to them. "They ought to be thankful, on the whole, that the Institution existed, and such of them as are not yet drawn under any other system of governance would be better off If the Institution still existed. "It was slavery, to be sure, and as such was Irksome and grinding, but slavery In Its essential essence Is only another name for subjugation to master, and that Is purely external mastery, and until a man can master himself he Is exceeding ly unfortunate not to have some sort ot a slave master to master him.” Everything Is Quiet. Washington, April 6.—A very brief dispatch came to the navy department late today from Rear Admiral Coghlan, who some time ago was sent with a squadron consisting oi the Olympia, Marietta and Panther to look out for American interests in Honduras, where conditions were unsettled. Today's re port was to the effect that everything was quiet. The admiral will soon re turn to Porto Rico or some other United States port. Will Proclaim Insurrection. London, April 6.—According to an agency dispatch from Constantinople, advices had been received from Monas tir that the Macedonian revolutionary committee intends to proclaim a gen eral insurrection in the European provinces of Turkey about April 20. INGALLS LOSES 10 CINCINNATI Fleischmann is Again Elected Mayor try Large Majority JOHNSON WON IN CLEVELAND Golden Rule Jones Is Again Successful. Johnson Will Be Candidate for Governor—Wild Claims Being Made In Chicago. Cincinnati, April 6.—While the republi cans had material gains in the municipal elections in Ohio today, they did not se cure many changes in the administration of the cities. The most notable exception was at Columbus, where Mayor Hinkle, democrat, is succeeded by Jeffreys, re publican. The mayors of all the leading citievi except Columbus were re-elected. The republicans retained control of Cin cinnati and the democrats of Cleveland and Samuel M. Jones was elected as an independent for the fourth time as mayor of Toledo. The democrats re-elected their tickets at Dayton, Sandusky, Chillicothe, Hamilton and other cities, normally demo cratic, and the republicans at Steuben ville, Youngstown, Warren, Ironton, Portsmouth and other towns that hereto fore they have controlled. The winning tickets were either of the dominant parties. The fusion ticket, as a rule, wfas defeated in a dozen or more cities where they were in the field. One of the most noted gains of the re publicans was at Mansfield and of the democrats at Springfield, where local issues controlled results as was the case in most of the changes. There is much diversity of opinion as to the effect of these municipal elections upon the next republican nomination for governor, but It Is conceded that Mayor Tom L. Johnson of Cleveland will now become a formidable candidate for the democratic nomination for governor a few months hence, and that the Ingalls cam paign will be continued with a view of making him the opponent of Hanna for the senatorship. There is considerable gossip here tonight about the incipient boom of Mayor Fleischmann for the republican nomination for governor. The elections today were the first under the new Ohio municipal code, which re-organizes all cities with a different system of offices and none is holding over from previous elections. Election In Michigan. Detroit, April 6.—The republicans of Michigan today elected their state ticket by a majority estimated at midnight at between 35,000 and 40,000. The ticket is as follows: Justice of the Supreme Court—Judge Frank A. Hooker, Charlotte. Regents of the State University-^-Peter White, Marquett, and Loyal E. Knappen of Grand Rapids. The vote throughout the state, except ing where local issues lent interest to the fight, was light. Wide Variance at Chicago. Chicago, April 6.—Estimates by repub lican and democratic campaign managers on the result of tomorrow’s city election are 97,000 votes apart. Chairman Carey of the democratic city committee, de clares that Mayor Carter H. Harrison is certain of re-election by 50,000 and Chair man Revell of the republican committee, asserts that Graeme Stewart, the party candidate, will have a plurality of 47, 000. Daniel J. Cruice, the independent la bor candidate, also expresses himself cer tain of election by about 30,000 plurality. Cincinnati Returns. Cincinnati, O.. April 6.—Complete re turns from the 228 precincts in Cincinnati give Fleischmann, republican, 42,907; In galls, fusionlst, 26,287; Swing, socialist, 3774; Martin, prohibitionist. 846. Total, 73,813. Fleischmann’s plurality is 16,620; ma jority 12,001. The entire republican city ticket, including all the boards, was elected by about the same vote as that of Fleischmann. Candidates Mawe Statement. Melville E. Ingalls, the fusion candidate for mayor, heard the returns tonight at the Queen City club and declined to make a formal statement, but his colleagues on the fusion ticket stated that the result was due to the superior organization of the republicans in a city normally a re publican stronghold, fraudulent registra tion, repeating and corruption. They in sisted that the fusion organization would be continued and perfected. Mayor Julius Fleischmann said: "The election of the entire republican ticket is a victory of the people of Cin cinnati. This triumph means that the next governor will be a republican—that Marcus A. Hanna will be returned to the senate and Theodore Roosevelt will be the next President of the United States.” HOWARD’S THIRD TRIAL. Case Will Be Heard This Week, With Youtsey as a Witness. Frankfort, Ky., April 6.—Jim How ard, whose third trial on the charge of the murder of Gov. William Goebel will be called in Franklin Circuit court tomorrow, was brought here from the Scott county jail today. His appli cation for change of venue will be heard tomorrow and probably be over ruled and the trial gone into immedi ately. Interest centers in the testimony of Henry E. Youtsey, who has recently made a confession to the grand jury. The commonwealth will also introduce Frank Cecil of Bell county, who has been a fugitive for over a year. FLORIDA LEGISLATURE MEET8. Frank Adams Is Nominated for Presi dent of the Senate. Tallahassee. Fla., April 6.—The Florida legislature will meet here tomorrow. The members of the house and senate met In caucus tonight to make democratic nom inations for the offices to be filled. The only republican in the house wus present at the democratic caucus. Frank Adams of Hamilton was nom inated for president of the senate and Cromwell Gibbons of Duval for speaker of the house. Both nominations were unanimous and will be confirmed tomor row without opposition. PENNELL SAID TO HA VE BEEN DEFAULTER OF OVER $150,000 Tool: Out Heavy Insurance So As to Pay Persons He Owed in East CONTEMPLATED SUICIEE FOR PAST TWO TEARS At One Time He Planned to Throw Himself in Front of a Train, But His Nerve Failed Him—Left Mrs. Burdick $25,000. f Buffalo, N. Y„ April 8.—Tho Commer cial thla afternoon publisnes a story in which It is alleged that Arthur Pennell, who was killed in an automobile accident on March 10, was a defaulter, to the ex tent of from $150,000 to $200,000. The story the Commercial says leaked out as tne result of a legality over two life insur ance policies. Walter Thayer, who was Pennell's at torney and intimate friend, is referred to by the paper as saying he had sus pected irregularities, but that he had no proof of any such wrongf doing. Incidentally It has been learned that Pennell made provision for the payment to Mrs. Edwin L. Burdick of $26,000 out of his life insurance. Pennell carried over $200,000 life insur ance in order, the Commercial says, that after his death the eastern estates to which he is alleged to have been a de faulter might be able to recoup the loss which they sustained through him. In his will Pennell named as administrator of his estate his brother, J. Frederick Pennell. He left to his administrator emphatic instructions that upon his death he should make good in full out of his estate all the losses which had been sustained through his defalcations. The Commercial adds that rennell had contemplated suicide for two years. Had Money to Invest. According to the story the Commercial further says: “Pennell induced friends In the east who had known his family and the family of his wife, to place money In his hands i for Investment. He aete$, in fact, as their financial agent. He would inform ' them of Borne good Investment which he had come across which would pay an excellent rate of Interest, and they would send him money. The money wh' h was sent to him for Investment, it Is alleged, he spent, and when the payments fell due

he made the payments out of his own pocket. “The faot is known,” the Commercial continues, “that Pennell planned two years ago to throw himself in front of a train at Peeksklll, and to make it ap pear that his death was an accident. He stopped off at Peeksklll on the way back from New York with the intention of committing suicide in that way, but his nerve failed him. Recently he told tho story of the Peekskill incident himself. During the Pan-American exposition ho sought for days for an opportunity to commit suicide in a manner that would make it appear accidental. He had an idea that he could be run over In some way while at the exposition, but he never could nerve himself up to the point where he could throw himself under a train or drop under the wheels of a trolley car.” Payments Held Up. It appears there were two life policies which had not been handed over to the administrator. Those two policies liuc been assigned by Pennell to Attorney Wallace Thayer, In trust. In one he was referred to as “Wallace Thayer, trustee,” and In the other he was designated “Wal lace Thayer, as trustee.” The insurance company took legal coun sel In the matter and held up payments. J. Frederick Pennell, the administrator of the estate, was called In and insisted on having more information before he would consent to the payment of any Insurance money to Mr. Thayer as trus tee. It was then that the story of Pen nell’s alleged defalcation and his plans to commit suicide were made known. The $25,000 Insurance money assigned to Thay er by Pennell in trust, is supposed to be | paid over to Mrs. Burdick in accordance with the provisions of the bond for $50,000, which Pennell gave prior to his death. Mr. Thayer will not talk about it. In fact he had declined to give even the ad ministrator of Pennell's estate any in formation concerning it. t,an Not Divulge It. The administrator went to Mr. Thayer for the purpose of finding out the nature of his trust. Mr. Thayer would not talk. He said Pennell had left sealed Instruc tion* advising him how he was to dispose of the 125.000, and that as a lawyer, he could not divulge the nature of that trans action. The administrator urged that he was entitled to know the nature of the trust before he could consent to have the money paid over. Mr. Thayer still refused to say what the trust was. Thomas Penny, attorney for the Pennell estate, accordingly charged the insurance companies to pay over no money to Mr. Thayer. The prob ability Ih that the 125,000 will he paid Into the courts. Mr. Penny said this afternoon that If Pennell had swindled any estates In the cast, he was absolutely Ignorant of It. KILLING AT GIRARD. Officer Tries to Stop Family Quarrel and Is Stabbed. Columbus, Ga., April 6.—As a result of a family quarrel one man is dead in Girard, Ala., tonight and the other is at the point of death. About 7 o’clock tonight Ramsey Webster, a white man, had a quarrel with his wife and abused her so that Marshal J. M. Bishop of Girard went to the scene. As the ofTicer entered the house Ramsey met him with a long knife and Btabbed him three times In the lower bowels. Bishop, realizing the situa tion, drew his pistol and fired several shots at Webster, who fell dead from the bullets. Bishop is now at his home in a dangerous condition and will likely die before morning. IMMENSE MINING COMPANY OWNED BY UNION LABOR.. - - ■ i Little Rock, Ark., April 6.—A special to the Gazette from Fort Smith says: The Labor Fuel company, recently reorganized with a capital of $75, 000,000, is to be a gigantic coal mining company, owned and controlled by union labor. G. Mallett, southwestern representative of the Ameri can Federation of Labor, is president, and A. L. Raeter, chairman of the Railway Clerks’ legislative board, is the vice president. The direct ors are all iabor men. The company has purchased 15,000 acres of coal land, and stock is being sold to labor unions on installments if desired. Operations will soon begin. WILL INSPECT WORK ON PANAMA CANAL ADMIRAL WALKER AND TWO OTHER ENGINEERS WILL LEAVE NEW YORK NEXT SUNDAY FOR COLON TO APPRAISE WORK. Washington, April 7.—Admiral Walker, General Hains and Major Black, the two latter of the corps of engineers, will leave New York next Thursday for Colon for the purpose of appraising the value of work now in progress on the canal, and which will be prosecuted by the French company up to the moment when the j great property comes into the actual pos- 1 session of the United States. When the agreement to sell t..e canal : was signed by Secretary Hay and Mr. Cromwell, there being no stipulation to the contrary, the company was not bound to continue the heavy expenditure on ac count of labor and material and super intendence involved in the continuation of the work. It is claimed that such a suspension would have worked harm which would have resulted In the loss of a number of canal workers w’ho have become experienced and inured to the climate. The canal company undertook to keep the work in progress, and now looks to the United States government for com- I pensation for the expenses involved in : so doing. The sub-committee is going | to the isthmus to take check notes on the time the contract was signed, up to the date the United States assumes con trol. POLICEMAN WON HIS LAND FAIRLY SUPREME COURT DECIDES AN IN TERESTING CASE GROWING OUT OF THE RUSH TO SETTLE NEW LY OPENED OKLAHOMA LAND. Washington, April 6.—Justice White de livered the opinion of the United States Supreme court in the cuse of Thomas W. Potter vs. Mary Hale, involving claims ; to land In Oklahoma territory, growing out of the rush to settle newly opened land in 1889. Potter was employed on an Indian reservation adjoining the land, as a police officer. Acting in that capacity he ordered off the land, which he after wards located on, people who had gone upon it prior to the hour fixed for the stampede. When that hour arrived he joined in the rush, and as he had only a quarter of a mile to travel reached It in advance of the others. The location was contested. The court today held that as he had taken part in the rush to the coveted land and had gone upon it from the outside he was entitled to the prize he had won. The decision of the Supreme court of Okla homa, which held against Potter, was reversed. The court affirmed the opinion of the Supreme court of Oklahoma in the case of Robert U. Winebrenner vs. Edward C. Forney, which was another “sooner" case. Forney located on land in the Cherokee strip when that section was opened, entering from the Ponca Indian reservation, which was claimed ; to have been prohibited then. Six Tame Rounds. Philadelphia, Pa., April 6.—Billy Ma harg of this city and "Kid1' Broad of Cleveland fought six tame rounds at the Washington Sporting club tonight. Neither man appeared to be in form, and the bout was a series of clinches. INDEX TO TODAY'S PAPER The Weather. For Alabama: Partly cloudy Tuesday. Fair Wednesday; light to fresh south winds. P -e One. Roosevelt speaks of wage earners and soil tillers. Pennell said to be a defaulter. Big mining company owned by union labor. Judge I.urton decides against Union Pacific. Republicans win In Cincinnati. Page Two. Cuban congress assembles. Bucket shops win ease in Chicago. Page Three. General state news. Bessemer has a double police force. Ilot municipal election at Anniston. Kennedy almost destroyed by fire. Page Four. Editorial comment. Gossip heard in local hotel lobbies. Page Five. Wife of Policeman McMillan kills her child and then kills herself. Bad health and despondancy are supposed to have caused her to commit the double tragedy. J. 1. Cole elected mayor of North Bir mingham. The anti-dry’s carried the day. Switchman George McClure falls under a train and Is killed. Large sales of real estate. Pag# Six. Social notes and personals. Page Seven. Local and foreign market reports. Page tight. General sporting news. Birmingham plays Cleveland today. Tiorbv to be run at Memphis today. SECOND PRIMARY FUR MONTGOMERY NO CANDIDATE RECEIVED VOTES ENOUGH TO NOMINATE FOR MAYOR AND RUN OFF WILL BE NECESSARY. _ Montgomery. April 6.—(Special.)—It was almost 1 o'clock this morning when the result In the municipal prlmnry was An ally announced by Chairman Charles P. Jones of the central council. The result for mayor was not surprising. No candidate received a majority and the highest, Thomas H. Carr and Charles P. Anderson will run the race over next Monday. Mr. Carr led the race by the narrow margin of twenty votes over his closest competitor. The vote for mayor was as follows: Thomas H. Carr, 6TO; C. P. Anderson, 650; E. J. Meyer, 354; John G. Finley, 42; J. H. Hartley, 96; James Toole, 23. For aldermen at large W. M. Teague, James Klrkman Jackson and John P. Kohn were the victors In a Aeld of eight. The other aldermen nominated are: First Ward—Gaston Gunter, R. B. Goins. Second Ward—L. Strauss, C. L. Ruth. Third Ward—A. G. Forbes, Nathan Lob man. Fourth Ward—C. P. McIntyre, A. Roemer. Fifth Ward—J. E. Maddox, C. A. Grif fith, Sixth Ward—J. J. Sullivan, John Ryan. The new central council elected is com posed of Joe Abraham, O. C. Dibble, W. T. Smith, D. W. Ford, W. T. Seibels, C. A. Lanier, Jr„ W. M. Browder, Charles P. Jones, J. J. Farley, L. S. Harrison. The "run off' between Carr and An derson promises one of the hottest, con tests the Capital city has ever experi enced. STRIKERS USE VIOLENCE. Union Man Takes Hack Away From Driver and Drives “Scabs” Off. Pittsburg, Pa., April 6.—Strikers re sorted to violence today when forty-one non-union men arrived from Tennessee to work in the mills. When the new men, escorted by policemen and detectives, were loaded into buses at the union sta tion, the strikers surrounded the vehicles and succeeded in pulling the driver of one of the buses from his place and sub stituting one of their own men. The usurper whipped up the horses, and In spite of the threats of the officers to use their revolvers, drove through the streets to union headquarters, where the terror-stricken men were taken in hand by the strikers, und prevailed upon not to go to work. The eighteen men in the second bus were safely landed at the company’s boarding house and will go to work In the morning. VESSEL OWNERS LIBELLED. $15,000 Damages Allowed as Result of Steamer Collision. Pensacola, Fla., April fi.—As a result of a collision here last night between the Swedish steamer Irene and the British steamer Mortlake, the owners of the former vessel have been libelled by the owners of the latter vessel for the sum of $15,000. It is understood that the Mortlake was at a eoal dock, whOn, according to reports, the Irene attempted to dock and collided with the British vessel. The stern plates of me Mortlake were crushed in, which prevented her from sailing today. The hoard of Burvey Is now examin ing the British vessel's injuries and will render their report tomorrow. The Irene is in the custody of the United States marshal. AMERICANO IN MEXICO. Company Composed of 200 Kansas Families Buy 200,000 Acres Land. Monterey, Mex., April 6.—Within sixty days another large colony of Americans will arrive In Mexico. A company com posed of 200 Kansas families purchased 200,000 acres of land near Rascon, Han Luis Potosl, and preparattona for Its set tlement have already been made. E. I. Ellis of Coffeevlllo, Kas., has been the agent of the colony. The Kansas colonists have followed the same plan of organization that war adopted by the Oklahoma colonists that recently located near Eseandon and the lands will be apportioned In a similar manner. The colonists will operate a store on the eo-operattve plan. Carnegie Will Pay the Bills. Ithaca, N. Y., April 0.—President Schur man of Cornell university today an nounced that he had received from An drew Carnegie, who is a trustee of the university, a communication In which Mr. Carnegie begs to be allowed to pay all the bills Incurred by students of Cor nell university on account of sickness during the recent epidemic at Ithaca, in all cases where the student* or their par ents will permit It. Bryan to Deliver a Series. New York, April 6.—William J. Bryan has notified his New York friends that he will be In the east In May. and that he will deliver a series of addresses on political subjects in the states of New York. Connecticut. Rhode Island. Massa chusetts. New Jersey and Maryland, says the Brooklyn Eagle ill Pint NOT RESTRAINED Judge Lurton Decides Againsl the Keene Interest DEFENDANTS WILL APPEAL Pending the Appeal the Directors »f Southern Pacific Will Elect a Chair man Awaiting a Call—An In teresting Opinion. Cincinnati, April 6.—At 1 p. m. today Judge Lurton concluded the rending of his opinion in the suit making applica tion to restrain the Union Pacific from voting its 900,000 shares In t.ie Southern Pacific election that has been set for April 8 and for other relief. The de cision was a refusal to grant the injunc tion and to afford the relief asked. The opinion, which was quite lengthy, was against the contention of the complain ants that the Union Pacific was a neces sary or actual party to the suit, even though President Harrlman of the Union Pacific had made an affidavit in the case. Being a mere witness In the case did not amount to an appearance by the Union Pacific as a party in the suit. As to the averment that the Union Pa cific was expending the receipts of the Southern Pacific In betterments on the Central Pacific with a view to the ulti mate purchase of that road, the court held that all this was specifically denied by the defendants, and that even if true It could not be sustained except on a showing that the action was ultra virus. On the whole case the court held that the bill be dismissed. Case Will Be Appealed. Senator Foraker, who represented the complainants, minority stockholders of the Southern Pacific, gave notice of ap peal to the United States Court of Ap peals, and asked that, pending the hear ing of this appeal, the election of direc tors of the Southern Pacific set for April S be stayed. It was ugreed that the stockholders may meet as arranged and elect a chairman and then adjourn until called by the chairman after the appeal has been disposed of by the Court of Ap peals. After reciting the facts in a history of the contention, the affidavits, arguments uni claims in support of both tho bill or the application for an injunction, and the answer, Judge Lurton held: 1. The first and dominating question Is whether tho Union Pacific Railroad com pany is an indispenslble party without which no decree can be made In respect of its right to vote the shares of South ern Pacific stock at the approaching stockholders' meeting for the election of directors of the Southern Pacific com pany. , a A Right Inherent. Unless otherwise provided by the or ganic law of the corporation, the right of ii stockholder to vote upon his stock at all meetings of shareholders. Is a right Inherent in the ownership of the shares and as such a property right. If the right of the 900,000 shares beneficially owned by the Union Pacific Railroad company to vote be denied, it must be either upon the ground that the shares have been illegally issued, or that the company is Incapable in law of holding such shares, or that some public policy will be offended if it shall be suffered to exercise the ordinary incident of such ownership by voting them in stockholders’ meetings, or that the property rights of the minority are to be thereby so serious ly piAt in Jeopardy ns to Justify a court of equity in practically turning the own er and holder of such shares out of con trol and management of the defendant corporation, and placing in control the minority in shareholding in interest. To justify such a result I should have to hold and adjudge either that the Union Pacific Railroad company was incapable of legally acquiring and holding shares In the Southern Pacific compuny, or that if competent to own and hold such shares it ought not to be Buffered to exercise the right of participating in election of directors as such participation may re sult in placing the Union Pacific com pany in a position where it would be capable of controlling and dominating the management of the defendant company. Would Involve Inquiry. Such »■ conclusion would involve an Inquiry and determination of the com petitive relations of these companies to each other in order that they might he brought within the sweep of the legal principles which forbid the unification of such properties, or I should have to find that one or both companies were subject to some positive statutory disability which would forbid the one to hold the stock of the other, or any unification of opera tion through stock ownership, traffic or “community of interest” agreement, which would substantially eliminate the motive for competition. The case of Minnesota vs. Northern Securities company, has an important bearing upon this subject. For this reason and without expressing any opinion as to the power of a court of equity to Interfere with the privilege of a stockholder to vote his shares as hd pleases and for whom he pleases, if he be lawfully competent to own and hold the shares at all or any opinion upon any of the most interesting questions, which arise properly only In a cause to which the Union Pacific Is that party, I must decline to grant any injunction restrain ing the voting of the Union Pacific shares at the approaching election of directors. The complainants may at any time here after make another application upon ob taining evidence of a purpose to deal with the Central Pacific stock or lease as they profess to apprehend. A motion to appeal was then sustained, and the Southern Pacific election post poned pending the appeal. Decided on Technicality. New York. April ♦>.—Edward Lauter bach, counsel for Taylor & Co. In thi Southern Pacific injunction proceedings, today said that he hud been notified that the decision not to make the injunction permanent, was based upon a technical ity. Judge Lurton holding that the Union Pacific was an Indispensible party In the case, and would have to he repre sented In court before an Injunction could be granted it. He explained that the ruling against thetaolntaointaointaoln— ruling in the Northern Securities company had determined the action against a stockholder (in this case, the Union Pacl (Contlnued on Second P*8«) - •* / ", • /' •

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