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THE TWICE-A-WEEK TELEGRAPH Tuesday, July 9, 1907 EXCHANGE BANK IN STEP FORCED BY RECEIVERS’ HANBS; THE CONTINUED RUN TWO OCEAN MANOEUVRE OF U. S. FLEET DISCUSSED OYSTER BAY, July 7.—The signifi-has been recokoned solely from the Thos. X. Baker, Walter Dannenberg to be to organize without delay a strong national bank to take over the assets and business of the Exchange Bank and secure the depositors and credit ors without the unnecessary delay and usually at- From Monday’s Telegraph and that said bank Is incapable of be- , J lng operated further with safety to its The Exchange Bank will not open j depositors, creditors and stockholders, its doors for business this morning. . "Sixth—That for the reasons above As forecasted In The Telegraph yes-! stated it is Impossible for the direc- terday morning, a movement was on tors and officers of said bank to carry foot Saturday night, which hag since | out the real object for which said i expensive litigation that developed, looking to preserving the I bank was organized, to-wit: the con- i tends such affairs. .'ssets of the bank and the safeguard- [ducting of a general banking business,! ing of the interests of all the cred- [including the receiving of deposits and j When the Trouble Began, itors. depositors and stockholders. j paying of checks In the regular course,' The trouble In the' Exchange Bank When The Telegraph went to press ( and the collection of notes, bills and ! which has thus developed so seriously Saturday night there were many ru- j choses In action, and the buying and ! began with a factional fight among the mors on foot and there were two! selling of exchange, without fentailing j stockholders and directors, and dates known movements in progress to great loss uppn said depositors, credi- ■ back to January when there was a reach a superior court Judge with ' tors and stockholders. ; heated contest for the control of the legal process affecting the bank. Be- | "Seventh.—That the directors and ; bank as represented in the election of hind one of these movements were the [officers of said bank are unable to ade- ! the officers. bank officials and its friends, acting ■ quateiy protect the assets and prop- Some feeling was aroused, and while under the advice of the bank’s coun- I erty in their hands charged with the j there was no knocking, the involuntarv so]. Judge A. L. Miller, and of Harde- : payment of debts, and there Is mani-' shrugging of the shoulders, which was man & Jones, whom he had assoc!- rest danger of loss and material injury j not intended to mean anything in par- nted with him In the emergency. This | to those interested unless the court in | ticular. caused a timed man to draw was an application for the appoint- : the exercise of its chancer}’ Jurisdiction : out his. deposit and then another. On ment of receivers for the bank made , shall appoint a receiver for said assets j July 3 it became a run. and while by a majority of the directors of the j and admisinter the same under the friends rallied nobly, and it was bank, and which was decided on at n \ rules and practice in equity. ! thought to be over, the withdrawal of meeting held Saturday afternoon, j ”J5!ghth.—That the schedule nereto j deposits was resumed on July 5 and Some delay was experienced In having attached, marked Exhibit ‘B,’ is sub- continued throughout the sixth until the appointment or receivers promptly stantlally a correct statement of th* made on the showing prepared, due to assets and liabilities of said bank, as the absence from the city of Judge shown by the books thereof. Petition William H. Felton, Jr., to whom the petition would regularly have been presented. It was not until a late hour of the night—too late for the news to be given—that Mr. George S. Jones reached Judge XT. V. Whipple at Cordclc with the papers and obtained the appointment as receivers of the imntlemen recommended by the drec- (ors. Mr. Jones returned to Macon by the morning train, and the following notice was posted without delay on the big front doors of the bank: The undersigned as receivers of the Superior Court in ar.d for Bibb county, and under an order granted by Hen. U. V. Whipple, judge presiding therein. have taken possession of all the assets of the Exchange Bank of Macon, includina the banking business of said bank. | This July 7, 1907. B. P. O'NEAL, T. N. BAKER, A. D. SCHOFIELD. Receivers, PRESIDENT CA3ANISS’ CARD, During the day President Cabaniss, in .conjunction with his advisers, pre pared and gave the press the following statement: "To the Public: "At a meeting of the directors pf the Exchange Bank of Macon, held on the afternoon of July 6, 1907. the fol lowing resolutions were adopted: “ ‘The;e having been a run upon this bank on the 2d. 3d. 5th and 6th days of the current week by the depositors thereof the effect of which has been to exhaust ali the available cash of the bank, and It being impossible to raise further sums of cash to meet said run without sacrificing the assets of the bank. " ‘Resolved, first, that under the present circumstances it is impos sible to continue this hank as a going concern; “ ‘Resolved, second, that under the circumstances it Is impossible for this board of directors to ade quately protect the assets and property in their hands charged with the p'«vment of debt®, and there is manifest danger of lcyss and -material Injury to those in terested: " 'Resolved, third, that in order protect the interest of the de positors and genera) creditors and stockholders, that the legal coun sel of this bank be and they are hereby authorised end directed to -institute such apnronriatet legal proceedings as will serve to pro tect as far as possible 'he interest of the old debosftors. creditors and stockholders, and as far as possible to omtect and preserve the assets of said bank from sac rifice. • "This action was taken by the direc tors on th" advice of the counsel for the bank, as being the proper ard only course to ho pursued under the exist ing circumstances. While the assets of the bank are ample to pay deposit ors and creditors in full, and leave a surplus fo- distribution among the stockholders, yet to attempt to utilize these assets In meeting the continued run on the bank would necessarily re sult in a costly sacrifice, and needless loss to atl concerned. "This proceeding was determined upon after a mature consideration of the entire situation, and upon assur ances from gentlemen of ample means who are Interested In the protection of the creditors and stockholders of the hank, that a strong national bank Is to be Immediately organized for the purpose of co-operating with the re ceivers, under proper orders of the court, to the end that all the depositors r.nd creditors shall be paid in full at the earliest possible date, and with out the delay usually Incident in cases of receivership. ’ "I trust that this action of the di rectors will meet the approval and ac tive co-operation of all depositors, creditor' and stockholders "Respectfully. "J. W. CABANISS. "President. "Macon. Os . July S. 1907.” Petition for Receivership. Following is the showing made by the directors to the court upon which Judge Whipple named the three strong ers believe, and so represent to the court that if said assets can be ad ministered under the direction of this court they will realize a sufficient amount to pay in full all of the depos itors In said bank and all the creditors as well, and will be sufficient in amount to preserve the rights and in terests of stockholders, but there is danger of a multiplicity of suits against said bank and of litigation and of hurtful interference with the man agement of said assets, and it is abso lutely necessary for the proper preser vation of the same that a receiver shall be appointed to take charge of and administer the same under the direc tion of this court. "Ninth.—That the assets of said bank consist in large part of commer cial paper, secured and unsecured, only a part of which is matured and of real estate, and very little of said assets can’be speedily realized upon or con Verted into cash. That to realize on said assets will require care ful management without interference or hindrance, and that it will be impos sible under the circumstances to ad minister the same in the due and reg ular course of business without great loss and depreciation. "Tenth.—That the depositors of said bank are scattered; that the deposits are In varying amounts; that checks are liable to be presented as soon as the bank opens for business on Mon day. and It will be impossible to pay the same as presented. That there are a great number of certificates of de posit outstanding some of which are already matured, and others maturing from day to day; that the bank is in debted for borrowed money and redis counts in large sums, and is likely to be called on at any time, and from day to day, to pay the same, and that it will be unable to do so. That its en lire demand loan held by its New York correspondent amounting to $ the bank’s funds were so depleted to such an extent as to force the action taken as above described. It is confidently asserted and believ ed the depositors will get every dollar coming to them. was called today and it has been on able to pay the same, but said demand loan is secured by collaterals amount ing to nearly $60,000 in excess of said indebtedness and said collaterals can be converted into cash, if time can be given therefor, for largely more than enough to pav said loan In full, and the overplus be thereby saved to the depositors, creditors and stockholders. "Eleventh—And you petitioners show that as such driectors of said bank they are in law the trustees of the stockholders, and have possession of and control of the said assets so set but for the benefit of said stockholders, depositors and creditors, and as such it Is their dutp to preserve and protect the same for the- benefit of the deposi tors, creditors and stockholders, and that therefore they bring this, their pe titlon for the purpose of having the court take charge of the same, and to protect and preserve the same from loss, and to collect and distribute the same to the various persons Interested therein under the law. "Twelfth.—That ,3. A. Young, of the County of Bibb and State of Georgia, and others are the holders of certifi cates of deposit issued by said bank, the said Young holding a certificate for :hc sum Of two thousand dollars which while the same has not yet become due he has presented and demanded pay ment therein, and said Young has threatened unless said certificate of de posit be forthwith paid that he will commence legal proceedings against said hank and oettioners have reason to fear that many others will do like wise. which would seriously injure said hank and all the persons Interested in the assets thereof and would result in greet damage to the assets of said bank and to all persons interested therein. "It Is therefore necessary for the in terest of the depositors, creditors and stockholders of said bank, that said Young should be enjoined from com mencing proceedings against said bank upon said certificate of deposit, and that he be required to set up his rights if any, under this petition. "Wherefore petitioners pray, ex pressly waiving discovery: "(a) That some fit and proper per son or persons be appointed receiver or receivers of this court with direc tion to take charge of all of the assets of said bank of every kind and descrip tion, to inventory the same and ad minister the same under the orders of this court. “(b) That the wirt of injunction is- ; nd influential citizens as trustees to : sue enjoining all of the defendants take charge of the bank’s affairs: [hereinafter named from commencing "Georgia. Bibb County. ; suits against said bank or in anywise * To the Superior Court of Said interfering with the assets thereof. County: "(c) That this court proceed, by its “The petition of A. D. Schofield, E. j receiver or receivers as expeditiously S. ’Wilson. A. L. Adams, Sam Mayer.: as possible to convert all of the assets 1 A. Wnxelbaum. J. W. Cabaniss. A.; of said bank into cash, and to distri- Small. and George R. Turpin, con- i bute the same to deDositors. creditors The Union Savings Bank. The Telegraph is assured that the assignment of the Exchange Bank will not affect the 'Union Savings Bank While it is true that of the $200,000 capital stock of the latter the Ex change owns $75,000, ant} while the Union is a depositor with the Ex change. the savings bank is in good condition and in no danger. Its busi ness affairs are in splendid shape, and it will continue to do business usual. History of the Bank. The Exchange Bank had its origin in a loan association. This was in 1870,,and after the plans were formed the Exchange Bank opened doors with S. G. Bonn, of the wholesale grocery firm of Rogers & Bonn, as president and Richard F. Lawton as cashier. J. W. Cabaniss was then a bookkeeper in the bank. Until it moved into the new build ing, its present quarters, it did busi ness where the Western Union office is now-. The work -on the new build ing began in 1890 and the bank moved into it in December. 1901. On the death of Mr. Bonn. John C. Curd, one of the first directors, was made president. On his death Geo. B. Turpin was elected to fill out Mr. Curd’s unexpired term. Henry J. La mar was then make president, with Geo. B. Turpin as vice-president. On the death of Col. Lamar in December. 1896. Mr. Cabaniss was elected presi dent. Mr. Cabaniss began with the bank as bookkeeper, then teller, atid when R. F. Lawton resigned in 187S lie became cashier, and held that position to the time of his election to the presidency in 1896. The ban korganized with a capital of $180,000. In 1880 it was increased to $200,000, a few years later in- crease'd to $300,000, and stockholders allowed the privilege of taking the stock at par when it was selling at from 150 to 165. In 1888 the capital stock was increased to $500,000. The 1 ! highest value the stock ever reached was between the years of 1888 and 1892, when it reached 260. In 1888 the Union Savings Bank, an offshoot of the Exchange Bank, was formed with a capital of $210,000. the Exchange Bank taking $75,000 and the directors subscribing to sufficient to gain a majority of the stock. The nine directors of the Exchange Bank, with six others forming a directorate of fifteen and being in control. The Exchange Bank enjoyed a full share of prosperity with but few mis fortunes. The greatest of these was in 1878. caused by' the failure in that year of the Planters’ Bank. located than on Fourth street near the express office. The Exchange Bank was in volved in the failure to some extent. Its stock went down to 50. and the capital stock reduced to $146,000. But it took but a short time for the bank to weather the storm. In a short time the capital was increased, and It became stronger than ever. Mr. Cabaniss has been with the bank thirty,-six years. As stated, he began as a bookkeaoer when the bank was first organized. His faithfulness, promptness and devotion to business was noticed by the bank officials, and he soon became teller. In 1878. when Richard F. Lawton resigned, and at a time when clouds hung low, he was made cashier. For about fifteen years he held this position until called to the presidency some eleven years ago. cance of Rear Admiral Brownson’s ad dition to the somewhat meagre infor mation which has come from President Roosevelt regarding the contemplated two-ocean maneuver of the Atlantic battleship fleet, is regarded here as having been overlooked in the com ment, expert and otherwise, which has since been indulged in on both con tinents. Admiral Brownscn came to Oyster Bay Friday to take lunch with the. President, professing entire ignor ance of the maneuver plans. When he left Sagamore Hill to take the train f-or Washington, the Adimarl hsfd one thought which he wished emphasized —that it was desirable and important to demonstrate to the world how quick ly the American navy could transfer Its fighting strength from one ocean to the other. This was distinctly an addition to the President’s previous statement issued through Secretary Loeb. wherein the object of the ma noeuvre was said to be an exercise movement for the benefit of the navy, to perfect its training in fleet exercise on an extended scale, the purpose and effect of the plan ebing for the benefit of the navy alone, Broader Design. What came from President Roosevelt through Admiral Brownson is decided- point of view of the number of ships, their tonnage, armor, guns and fight ing capacity. With this idea the navy has grown steadily, ship by ship. To the somewhat uninteresting array of ships and tonnage, President Roose velt now proposes to give the world a somewhat startling demonstration of what the American navy is capable of doing to protect either or both of the extended shore lines of the United States. As Admiral Brownson said: “There is not time like the present for such a demonstration, a time when the United States is at perfect peace with every nation." In everything that has come from the President regarding the movement, it has been indicated that the fleet, wherever it may go, is to be brought back’to the Atlantic and that the return is to be as much a de monstration of speed as the outward journey. While it is asserted with all possi ble emphasis that there is no founda tion for apprehension of trouble, imme diate or future, between the jUt-lted States and Japan, the proposed de monstration with the fleet can be look ed upon in no other light than that President Roosevelt intends to use the American navy for exactly that pair- pose; for which he has advocated its augmentation—a guarantee of interna- WILL LAKE STAND TESTIFY FOR HIMSELF BOISE, Idaho, July 7.—Attorneys for : much documentary evidence and the Wm. D. Haywood today completed introduction of this and reading it to details of plans for the final week of the defense Which begins with the opening of court tomorrow at 10 o’clock. Interest in the trial this time centers in the forthcoming appear ance on the stand of Haywood, who, it is said, has been the moving force in the Western Federation of Miners for several years, and one of his co defendants, Charles Moyer, of the miners' organization. ly a different and much broader de- tional peace. It was stated here today sign. President Roosevelt has been that Ambassador O’Brien, who has consistent in advocating a large navy been invited to Sagamore Hill the lat- as the surest guarantee of peace be-ter part of the present week,will not be tween the United States and all for-able to confer with the President be- eign powers. Heretofore a large navy fore going to his new post in Tokio. TENSION BETWEEN JAPAN AND U. S. EXCITES EUROPE LONDON, July 7.—The present ten sion between the United States and Japan is exciting the keenest interest among all the. European diplomatists. None of them, however, believe that it will reach the stage of warfare, be cause the heavy burden of debt Japan is carrying as a result of her failure to obtain indemnity from Russia for bids her embarking on a similar costly enterprise in the next d ecade. It is- recognized. nevertheless, that the the United States is acquiring the en mity of Japan as one of her national assetst, which prove a handicap in the event of trouble with any other power. Great Britain finds herself in an embarrassing position also, because she is obliged to stand between her coloniss and her ally in the matter of anti-Japanese laws. The Transvaal has just put into operation a law regulating the entry of Asiatics, which applies to Indian subjects as well as the Japanese and Chinese, and which compels them to submit to an examination and registry with thumb prints, like criminals^ which is exceed ingly irritating to them. Australia threatens legislation on the same lines. Alfred Deakin. the Australian pre mier. during his recent visit to En gland. repeatedly said in his speeches that the chief national question with which Autsralia must deal was the menace of the inflow of Japanese la bor. r. • PEACE DELEGATES SAY SITUATION UNFORTUNATE, CABRERA WILL BUY NAVY TO MEET ZELAYA MEXICO CITY, July 7.—President Cabrera, of Guatemala, is negotiating for the purchase of a navy to meet the anticipated attack of President Zelaya. of Nicaragua. It was learned from a high soiirce here that Cabrera had re cently secured $500,000 gold on a forced loan and that with this sum he will purchase gunboats. The Nicaraguan fleet in the Pacific waters consists of three gunboats; she also has three gunboats on the Atlantic. THE HAGUE July 7.—The senti ment of the delegates to the peace conference regarding the question that has arisen between the United' States and Japan is that - the situation is unfortunate for both,'countries, as the original incident causing tension be tween the two- countries is dispropor tionate to the grave results' - which may follow. The question, the dele gates think, is likely to create a hos tile atmosphere, endangering their re ciprocal commerce, to which the for mer friendly relations had opened vast fields. Although the sending of a fleet by the United to the Pacific coast cannot be interpreted as a threat, it is generally admitted here that such action may give rise to dangerous popular excitement, which the admin istration of Washington might not be able to control. ► The Spanish representatives say that the United Sttacs has now found a hard nut to crack. Thfe Russians remark that the predictions of WiSte that he next war will be between Ja pan and the United States is ap proaching realization. The English, French and Japanese delegates be lieve that both governments—at Washington and at Tokio—sincerely wish to reach an understanding and will not be influenced bv Jingoism. Some of the Germans here are <6f the opinion that the situation may lead to an American-German entente, which, while preventing the isolation of Germany, would be the strongest compact against British supremacy that could be made. GERMANY REGARDS ULTIMATE CONFLICT AS PROBABLE. NEGRO DESPERADO KILLED BY POSSE stituting a majority of the directors and stockholders according to their re-! GIBSON. Ua.. July 7.—Two weeks .■f the Exchange Bank of Macon. a j spectlve rights and priorities. ago Hargraves and Maje Ruff killed >. banking corporation duly organized "(d) Tli.it all depositors, creditors Richard Jones at a Sunday camp f* j under the laws of the State of Georgia, and stockholders be authorized to .come meeting and made their escape. They f and having Its principal office and in and be made parties hereto by inter- were located today by Sheriff Kiteh- place of business in said County of vention in order that they may set up j ens and Marshal Chas. Smith and a Bibb, and being each and all stock- (their respective rights and claims ; posse organized to effect their capture. holders in said bank. respectfully against said assets. [The two negroes were in a secluded shows: "(e) That said J. A. Young, his cabin, and when the posse approachedj unfavorable' to the United States be "First—That on the sixth day of agents and confederates miy be en- the hiding place it divided to surround cause the American fleet, although of July. 1907. at a meeting of the board joined from commencing legal proceed- the four sides. of directors of said bank, regularly j ing* against said bank or insti’uting [ Maje Ruff was not found, but Har- t"ailed for that purpose, the following; and suits against the same, or in any- ; graves was cornered and showed fight, resolution was unanimously adopted, j wise Interfering wth the assets of said : He was fired on and killed by the to-wit: (Here follows the resolution bar.k.and that they may be required to posse. All of the parties concerned which is incorporated ’ ~ ' " M BERLIN, July 7.—The conviction of an ultimate conflict between Japan and United States appears to be widespread in Germany. It is one of the subjects certain to be referred to where ever diplomatists and military and naval of ficials. and other accustomed to follow international politics, meet. The news papers agree that President Roosevelt is earnestly trying to satisfy the Jac, anese ’ requests. They agree also that Japan asks nothing unreasonable. They recognize that the difficulty lies in the question of race, the economic antago nism of the Californians against the Japanese and the constitutional impos sibility of Federal coerion. It is be lieved by manv that the group of rul- -sutir oqi joj sojms poitua aqj juSy oj ing statesmen in Japan are preparing tery of the Pacific, regardless of the San Francisco incidents. The strategists of the admiralty re gard a naval war between Japan and the United States as the ,most inter esting problem of the day. Careful studies that have been worked out are irated in President. set up their rights, if any, under this I were desperate negro characters of Cabaniss’ card to the public above.) petition. " ; the moonshine and blind tiger section POINTS ABOUT PEOPLE greater power than that of Japan, would have to seek a fight in Japan’s home waters. is considered an elementary measure of prudence on the ground that strate gically it will protect the United States against being caught napping, and di plomatically, it will force Japan’s hand, if that nation harbors aggressive designs. A significant feature of the French comment is that the possibility of trouble occurring Is considered onlv from the side of Japan. The SoleT) regards the San Francisco incidents as a mere cloak to the real issue, which, it thinks, may be traced to the deter mination of Japan to enforce her com mercial supremacy in China and the Pacific. “For Japan, now’ or never," it adds. “In ten years, when the American fleet’s predominancy is unchallenge able, and the Panama canal has been completed. It will be too late.” - 0 f Miners will be interspersed with Moyer may be disposed of in one day. T6KI0 DIPLOMATS PAINED AT BAD TASTE defendant in the case, Geo. A. Pettl- bone, will not take the stand, it is said, until his own case comes up. Steve Adams Will Not Be Called. Steve Adams, whose recent trial for the murder of a man in Northern Idaho resulted in a disagreement of the jury, and who has been variously implicated by Harry Orchard in many of the latter’s crimes and alleged conspiracies with the leaders of the Western Federation, is still in Boise jail available as a witness for the de fense, but it has been definitely de cided that he will not be called to the stand. The prosecution still says it would welcome such a move as the ap pearance of Adams on the stand might open the way for the introduction of a portion at least of Adams’ confession, w’hich the later repudiated. End is Not Yet. Viewed in the light of the closing plans for defense and prosecution there seems little hope that the trial, which has already been in progress for two months, can be brought to an end inside of three weeks. The defense will require at least five or six days yet, for it is announced that Haywood when he takes the stand w’ill be prepared to lay bare his entire life’s history. Haywood’s testimony as to his con nection with the Western Federation the jury will take up much time. Haywood Will Talk Freely. The defense expresses its willingness that the cross-examination of ' Hay wood shall take the widest possible range. The defendant, it is said, will not only deny in toto all that Orchard has said as to his connection with any of the witness' crimes, but will offer president j explanation of the instances where the The third state has shown Orchard and Hay wood took part in the deception of the second Mrs. Orchard as to the where abouts of her husband in 190-5. Haywood will also be called on to explain tho sending of several drafts to Jack Simpkins, a member of the executive board and an organizer for the. Western Federation, whose pres ence in Caldwell with Orchard just prior to the assassination of former Governor Steunenberg- has not been denied by the defense. Sums Due Simpkins. The attorneys for the federation say that these payments were the regular sums due Simpkihs for his work as an organizer and had absolutely nothing to do with any crime or proposed crim inal act. The sending of $75 to Steve Adams in Ogden, Utah, will also be a subject of injuiry when Haywood takes the stand. The fourth instance to which the State attaches importance as tending to connect Haywood with the alleged conspiracy as repealed by Har ry Orchard on the-witness stand was the sending of a message by Haywood to Silver City, Idaho, instructing the federation officers there to see that at torneys were engaged for Orchard and to protect the interests of the miners’ union. Haywood’s examination and cross- examination can hardly be accomplish ed in less than three or four days. JAPAN BUCKS ON COOLIE CLAUSE IN THE TREATY TOKIO. July 7.—Confirmation of the report that a powerful battleship squadron would be sent to thS Pacific has generally been received with calm ness, though there is some surprise in quarters well versed in diplomatic niceties. It is said that the sudden change of program in the case of the Japanese training squadron last January, when it was first intended that its voyage s.hould include San Francisco and other Pacific coast cities, was evident ly in deference to the wishes of the Washington Government made known to the Tokio authorities in an indirect but unmistakable manner. The change of route was decided on only a couple of days before the squadron sailed. It was thought then that Japan acted wisely in avoiding a course which miglit have proved injurious when a strong anti-Japanese senti ment was prevailing in San Francisco. Though officially stated that the dis patch of the battleships to the Pacific is not directed towards Japan, it is felt here that it is most inopportune when an attempt is exidently going on to impair the traditional friendship between Japan and the United States. Though the slightest apprehension is not entertained here it is thought it would be better to defer at this mo ment anything that would be open to the slightest suspicion of provocation, especially w.hen a portion of the Amer ican public is thought fo be over-sen sitive over, the present state of rela tionship of Japan and the United States, brought about by prejudice against the Japanese in a section oi the latter's dominion. SHERIFF HELD HIS PRISONER FROM MOB WASHINGTON, July 7.—That the Japanese Government will not consent to tne renewal of the present treaty with the United States if this Gov ernment reserves the right to insert a clause in the compact excluding Japa nese coolie labor from continental United States is indicated by semi-of ficial advices purporting to give the views of Foreign Minister Hayashi, wl\ich were received here today from Ototaka Yamaoka, the personal repre sentative of Count Okuma, leader of the progressive party. Mr. Yamaoka, who visited the United States in April and perfected an alliance with the Japanese of the Pacific* coast for the purpose of bringing about the over throw of the Saionji ministry and the annulment of the exclusion clause in the immigration bill, is authority for the statement that Foreign Minister Hayashi has received from Secretary of State Root a preliminary “note” re garding the new treaty which the two Governments propose to substitute for the convention which expires July 17, 1911. The draft of the new treaty sub mitted by Secretary Root, according to the communication from Mr. Yamaoka, called for the renewal of article 2, clause 4, of the present treaty,‘which giyes to each nation the right to reg ulate immigration. Japan’s Attitude. With reference to “note” submitted by Secretary Root, Mr. Yamaoka says that Foreign Minister Hayashi has issued an official confidential memo randum outlining the Japanese Gov ernment’s attitude, on the question of the limitation of immigration which in substance is as follows: First—That the Government of the United States has submitted a ’.pro posal for the enactment of a treaty, which provides for the limitation of immigration. The Government of Ja pan has rejected the proposal and will not in the future entertain any such proposition. "Second—.That in the new treaty, which is to be operated from the for ty-fourth year of Meiji (1911). the Government of Japan will insist oh striking out the article 2, clause 4 (de fining the power reserved by the con tracting parties to enact laws with re gard to police and immigration regula tions). For that purpose the Govern ment of Japan shall take a more vig orous attitude. *»***• "Although the negotiations for that end are not yet developed, we firmly believe that the Government of tho United States will fight with determi nation to preserve the clause. Pacific Coast Conditions. “Third—That the Government of Ja pan contemplates sending representa tives to the United States to investi gate conditions on the Pacific coast and to determine if I he Japanese resi dents are discriminated against.” Mr. Yamaoka. it is said, has sent copies of Foreign Minister Hayashi's confidential memorandum to the Japa nese societies of San Francisco and Seattle, and to correspondents of (Jap anese newspapers in this country. Dr. Masuji Myakawa, the Japanese lawyer, admitted that lie had seen a copy of the communication which is being dis tributed by Yamaoka and characteriz ed the attitude of Foreign Minister Hayashi as a ..concession to the Pro gressives, who "have strongly opposed the clause in the immigration bill ex cluding coolie labor from this country. cannot explain. It was running up hill around a curve and going at a modor- t " j ate speed. After bounding along the Open trO “ ffnr a wfln* CLARKSBURG, W. Va., July 7 — Heavily laden with passengers who were enjoying an outing an open f- rol_ | ties for a short distance the car wen ley car on the Fairmont and Glarlts- j over the embankment and landed on burg Traction Company’s system j its side, pinning the dead and injured jumped the track on the Grasseli di-[ underneath. Motorman. James - and vision just outside the city limits to- | Conductor Fitzpatrick escaped with night and crashed over an embank- j slight injuries ment, instantly killing two. fatally in- j Most of the injured were taken to juring one and seriouslv injuring nine city hospitals and some to their homes, others. Several passengers besides those How the car left the track is a mys- whose names are given were slightly tery the Traction company officials I hurt. ill’3 S10IIET NEW ORLEANS, La., July 7.—A special from Covington, La., says that the sheriff of St. Tammany parish and several deputies have just succeeded in dispersing a mob which had gath ered there for the evident purpose of lynching a negro alleged to have at tempted an assault on a white woman near Covington early today. The woman was attacked while in bed a few minutes after her husband had left home. She and two young children succeeded off and several hours later identilieu i sort was neiu touignt at me ; Covingfon bill. a negro arrested for the crime. When j Tabernacle, of which Dr. Len G. i it is rumored that the prohibition the mob gathered at the jail Sheriff Broughton is pastor. There were some 1 element has employed a number of Brewster addressed its members and neonle Dresent (he seating ca- Pinkerton detectives to prevent lobby- announced that the law should take : 4 ’ o0y People present, tne seau g ing against the State prohibition bill its course even if he and his deputies ■ pacity being 4,100, and standing room T j le Anti-Saloon League has organ- had to sacrifice their lives in de- : was scarce. The speakers of the even- j j ZPC j ] n Atlanta with a view to ap- fending the prisoner. ' - ATLANTA, Ga., July 7.—A prohibi- ! repudiating the statement that Atlanta be n -ting V ?he’man tio " mass meeting of the sensational ' Had suffered under prohibition and in beating tne man,. ... urging the passage of the Hardeman- mrs later identifieui sort was held tonight at the Baptist Covington bill. FRENCH JOURNALS JUMP TO WARLIKE CONCLUSIONS. ing were Senator Hardman, author of | pointing committees in each ward the Senate prohibition bill. Senator: see that the next City Council is dry Willford. Representative Seab Wright, 1 and to go to work for local prohibi- of Floyd, and Dr. Broughton tion in case the State bill should fail. Dr. Broughton told about a meet- It was Stated at the tabernacle meeting tonight that the State prohi bition bill will be passed by the Sen ate on Wednesday or Thursday of this week. The prohibitionists are also times—Philadelphia Press I eighteen Senators and Representatives. : raising a jig fund to push the prohi lt seems that a caterer has been or-i s °™ of "’hom he asserted got drunk. I bition movement. TOPICS OF THE TIMES — The man who has made a billion or [ so out of the country ought not to ob- j ing of Georgia brewers and liquor men i ject to going into court and telling how [ recently held at the Piedmont. It i he did it. The recipe wouldn’t be j was presided over, he said, by a Sa- , worth much to anybody else in these j vannah brewer, and was attended by PARIS Julv 7—President Roosevelt’s j resen t the extreme of frivolity?—Phil- ! State prohibition, decision to dispatch a fleet of warships iadeipbia Ledger. Seab Wright s speech consisted prin to the Pacific has lead the more sen-; Even though justice is reported to j ^ F^ce^Jump ; be bl!nd John D Rockefeller will un- ” “ “ “ doubtedly take care to keep his wig on Hiram J. Ayers, who invented giant : f ,t the conclusion that the situation is "Second—That the capital stock of "(f) That process may issue requir-: of the State, aid. The Exchange Bank of Macon, is ing the defendant. The Exchange Bank 1 500.000. ail of which has been fully I of Macon, the said J. A. Young, and ■ aid up. each and all of the stockholders named ; "Third—That ihe list hereto attach- in Exhibit A. hereto attached, who are j d. marked Exhibit ’A.’ is a complete ;hereby made parties defendant to this 1 . .. . , W ... nd correct list of the stockholders in petition, requiring them and each of|P° w d er . is d<?ad at Akron, Ohio, at the more delicate than appears on the 9ur-|_ jr _ io . h h . 'i n t 0 court aid bank, with their places of res!- ‘ thru to ho and appear at the next term age of S4 years. ; frace. This view, however, is abso- ; wn S .?i ne ton Post P lence and the nur.ihr of shares of of :he Superior Cmirt in and for Bibb Prof. Alexander Graham Bell is ex- i iutely repudiated in responsible circles' s to. k owned by each, no far as can be,County, to answer petitioner's com- perimenting with man-lifting kites at • where the utmost confidence is ex plaint "Fourth—That on July 2, 3. 5 and 6. ’fg) And for such other and further • pects to make a demonstration by j ences between the United States and; 907, there has been ft run on said | relief as to the court may seem meeL” i August. [japan will be amicably adjusted. iank by the depositors therein, where- Because he was reprimanded for not i Nevertheless, the possibility of iv all of the eish resources of said Assets of the Bank. preventing t.'.e recent bomb outrage at I plications was foreseen, when France! Anyway, it is thought the Japanese dered to prepare the Fairbanks menu. He said the announcemnet was made How was he to know that in the mat-I at . th * s me eting that ._o0,000 had been I I nnrn ! ter of beverages buttermilk was to rep-j rtus^ed Jiy^hejkjuor interests t o de.eat UfjjlQJ-Q P|1J I NDCCJl ^ >>llr ^ vll - ^ Dr. Woley says it is not the prie, but Baddeck, British Columbia, and ex-j pressed that existing or future differ-.j filling that one should be afraid - ..—... . y - - of. That is a mighty little tning to j be afriad of, as pies go these days.— Because he was reprimanded for not! Nevertheless, the possibility of com- !^ashington Herald. ^ have been exhausted, and it is The assets of the bank, leaving out TIfIK Col. Balabanski, Chief of Police, issible to continue to pav checks all that is considered questionable, is‘spread his decorations over his moth- iresented. or to raise further cash footed un at $I.95$,973.55. and is stated er’s grave and committed suicide. Fifth—That nV find tber without great sacri- of said bank, e directors of said Ives entirely unable business of said bar th be $117,009 over and above the By measurement on the historic col- amount of the liabilities. umn at Roskilde Cathedral. Copenha- The Telegraph understands th*’ gen. the King of Slam has been found schonu ef certain strong friend-; of the ‘ to be exactly the height of the Czar among -tliers B. P. O'Neal. E. G. when the latter was measured there er io continue it us u going concern, i Harris, A. D. Schofield, T. J. Curling, 110 years ago. two m-inths ago in the spirit of i will pause and reflect before sending a friendship tendered her good offices ! lord high admiral to meet Admiral with a view to having Japan and the I Evans in a cussing match.—Philadel- United States conclude and arrange- | Phia Inquirer. eipally of ridicule of the Constitution and its editor, with an occasional shot at the Journal. He declared that the rural people Of Georgia had made up their minds they had stood :is muon as they could stand from Atlanta and the other cities of the State, which have been for twenty-five AND CAUGHT EIRE INDIANAPOLIS. Ind., July 7—Three y ea f] brick buildings, three stories high, sit- arts ’ssr sss-'rt. « Atlanta now, once and for all.’ (Tre- Meridian and Mart land streets, in the mendous applause). center of the wholesale district, col- Senator Willford discussed the legal lapsed today and afterwards took fire, aspect of State prohibition and Sena- The toal loss is $220,900. The build- tor Hardman, among other things, de- ings were among the oldest in the city, clared that the rural districts did not The principal losse? tre: Daniel Stew- ment covering ail questions relating tol If the Japs should decide to attack propose to let the people of Atlanta or!art Drug and Glass Company, $100,000; the Pacific. us before we get our ships around the ! any other city dictate to thorn what [Martha Steward, one building. $50.090;,* In military circles, where the situa- 1 Horn we can turn Harry Orchard loose | kind of prohibition they should have. :he Brunswick Baikv Col; nd6r Biiilard tion is regarded from a different in the Pacific.i—Philadelphia North At the conclusion of the mooting: Company. ?50,000, and Henry C. Sals standpoint, the-dispatch of battleships American, - - - L - ■■ i resolutions were passed unanimously estate bull dins, $20,000.