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THE MORNING NEWS. / Established 1850. - Incorporated 1888 > J. H. ESTILL. President. * MORMONS HEARD BY THE SENATORS IN THE REED SMOOT CASE. EVIDENCE REGARDING THE POLYGAMOUS LIVE. Editor of tile Christian Advocate Testified He Had Heard President Joseph Smith Declare He Would Not Put Aside His Plural Wives. Reynolds Was Heard Upon His Clinrch's Attitude It Clin riling Marriage—A Little Fun Offered. Washington. Dec. 12.—Three wit nesses were heard to-day in the case of Senator Reed Smoot before the Sen ate Committee on Privileges and Elections, the committee resuming Us investigation after a long recess. The first witness was Rev. J. M. Buckley, editor of the Christian Advo cate of New York, who told of a Mor mon meeting he attended in Salt Lake, Utah, last summer in which President Joseph Smith declared he would not give up his plural wives. George Reynolds, a high official of the church, testified in regard to cere monies that have taken place in the Endowment House and concerning ec clesiastical divorces granted by the church, and John Henry Hamlin told of the plural marriage of his sister, Lillian Hamlin, to Apostle Abram Cannon, which ceremony, he said, he understood to have, been performed by President Smith since the manifesto of 1890. Most of the testimony related to 4 he inside church policy, but did not con nect Senator Smoot with any of the alleged violations of state or national statutes. Dr. Buckley told of a speech of President Smith on the subject of marriage. The witness said that President Smith declared that the mothers of his own children had been given him by God and were saints of God. Dr. Buckley said President Smith defended the Mormon marriage and declared that polygamy was not adultery, but was a system of mar riage. President Smith was quoted by the witness as saying that he could not give up any of his wives. Marriages With Dead Persons. In answer to questions by Senator Overman, Mr. Reynolds said marriages •were performed with dead persons in the Endowment House. Mr. Tayler then asked if divorces were granted in the Endowment House. “The church grants divorces to those who have been married for time and eternity, but does not divorce legal marriages until the courts have act ed,” said Mr. Reynolds. “Plural mar riages are not recognized by courts and therefore the church does not con sult the court in granting divorces In cases of such marriages.” Senator Foraker asked if such di vorces are granted from dead per sons. “In a few instances only, I should say,” said the witness. "For something done after death or before?" the Senator asked. “In life time.” "Is the dead person given an oppor tunity to be heard?” the senator ask ed. No sir. it is because such cases are held to be unjust to the dead accus ed, that so few divorces of this kind are granted,” said the witness. “Is any one appointed to defend the accused?” “Never, but the complainant is giv en a hearing if satisfactory evidence is furnished to the church.” Personally n Polygamist. Mr. Reynolds testified that the pres ident of the church always had had the authority to issue ecclesiastical di vorces. Mr. Tayler showed the witness a Contract ot separation between George and Ellen Watson, which Mr. Rey nolds acknowledged he executed in 1897. He stated that he does not know now whether the marriage he dissolved was a plural one or not. “Are you a polygamist?” Mr. Tayler asked. "Yes, sir,” answered Mr. Reynolds. “Have you any children married in polygamy?” ‘T believe so; one daughter.” Mr. Reynolds testified that he has twenty-six children. Mr. Reynolds gave the names of the seven presidents of the "seventies” of which he is the fourth in rank. He tes tified that three of the seven were po lygamists. Senator Dubois asked: “You have two wives now. I believe, Mr. Rey nolds, your first wife being dead?” "Yes. sir.” “If vou were to marry another wom an to-morrow which would be your le gal wife?” “The one last married.” “Would not that be adultery?” “It would be If I continued to live as the husband of the other women, but I do not sustain such relations with more than one.” Didn’t Disturb Hls Relations. • Mr. Reynolds said he understood that the manifesto of 1890 permitted him to live with his plural wives without violating the laws, but that no further wives could be contracted. Despite this testimony It was brought out that the witness has had children by two •wives since the manifesto of 1890 and he acknowledged the truthfulness of these statements. In answer to questions by Senator M(’Comas Mr. Reynolds said he had never preached against polygamy nor had he tried to get others to do so. Mr. Reynolds said he did not know of any effort made by any officials of the church to carry out provisions of the Woodruff manifesto putting an end to polygamy. Mr. Reynolds said that 'he was one of the advisers who aided in perfect ing the Woodruff manifesto, which was first submitted In President W’oodruff's handwriting. He testified that the committee had revised the manifesto. "I believe the manifesto Is said to have been Inspired?" asked Chairman Burrows. "It was a revelation from tbs Al mighty.” And you changed It?” "Not tha meaning." "You Just changed the phraseology?" "Yes, sir.” Than as I understand It,” said Ben ator Burrows, "whan this revelation rams from tha Almighty, tha gram mar was bad and you corrected ft?” „ The wltneea aald tha phraseology Continued on fifth Rage. Jiatemtal) JUafninfl NUMBER 17.871. AGAINST WESTERN UNION Wns the Court’s Decision in the Penn. It. R. Case. Washington, Dec. 12. —The Supreme Court of the United States to-day de cided the case of the Western Union Telegraph Company vs. the Pennsyl vania Railroad Company, involving the right of the railroad company to remove the telegraph company's poles from its right of way, in favor of the railroad company. The opinion was handed down by Justice McKenna. In the decision the court held that the congressional act of 1866, which controlled in the case, does not grant eminent domain to tele graph companies over the private property of railroad companies. Justice McKenna's decision followed precedent of the Pensacola and other cases decided many years ago by the Supreme Court. He refused to adopt argument of the telegraph company’s counsel tending to the conclusion that railroad right of way is public prop erty. “It has always been recognized,” continues the opinion, “that a railroad right of way is so far private prop erty as to be entitled to that provi sion of the constitution which forbids its taking, except under the power of eminent domain and upon payment of compensation. The right of way of a railroad was recognized as private property in the Pensacola case.” Justice Harlan delivered a dissent ing opinion, holding that the act of 1866 gives to telegraph companies the unequivocal right to construct and operate lines not only upon the pub lic domain, but along any post road of the United States, and he contended that if to-day’s decision was to stand the United States government could not itself enter upon the rights of way of railroad, companies. The Supreme Court also decided the case of the Western Union Telegraph Company vs. the Pennsylvania Rail road Company involving the right of the telegraph company to condemn a part of the railroad’s right of way in Western Pennsylvania and appropriate it for Us lines, In opposition to the telegraph company’s contentions. This is a second case in the con troversy between these companies. This case was decided against the telegraph company, the court denying the contention of counsel for the West ern Union that it had the right to maintain its lines over the railroad company’s right of way upon making compensation, so long as such use did not interfere with travel on the rail road. WILL NOT SHARE WITH THE NEGRO. Vardanian Soya White* Will Hold the Sovereignty. Jackson, Miss., Dec. 12.—Gov. Vard aman to-day made the opening speech at the Cotton and Corn Carnival, and after welcoming the visitors, branched off into politics and made a very sen sational utterance. In touching on the attitude that Southern representatives should assume in their fight against the reduction of Southern representa tion, the Governor said: "And instead of going to the Con gress of the United State* and saying that there is no distinction made in Mississippi because of color or pre vious condition of servitude, tell the truth and say this: “ ‘We tried for many years to live In Mississippi and share sovereignty and dominion with the negrro, and we saw our institutions crumbling, we saw the public funds squandered, we saw the civilization that our forefath ers had fought for passing away, and the law of self-preservation being the first law, we observed It, we rose in the majesty and highest type of An glo-Saxon manhood and took the reins of government out of the hands of the carpet bagger, and negro, and, so help us God, from now on we will never share any sovereignty or dominion with him again.’ ” The remarks of the Governor have created a sensation. They are diamet rically opposed to the views of the mi nority leader, Congressman John Sharp William* of this district. MADE OVER TO FIANCEE CLAIM FOR $500,000. Capt. Drain of Confederate Navy Fame, Resigns a Fortune. Atlanta, Dec. 12.—Capt. John C. Brain of the Confederate navy to-day executed a paper before Ordinary John R. Wilkinson, by which he makes over to Miss Elizabeth Plews of Durham, England, $500,000, part of a fortune of $4,000,000, which is said to have been left him by English relatives, but of which he has not secured possession. Capt. Brain expects to marry Miss Plews, who is at. present in Atlanta, and it is said the wedding will take place about Dec. 20. He is an English man by birth and was mustered into the Confederate service us a naval lieutenant at St. Johns, N. F., In 1862. With men dressed as private citizens and passengers, he captured the steam ship Chesapeake, sailing from New York, and later the steamship Ber muda, sailing from Havana. Capt. Brain refused to discuss the matter when approached to-day. ROOSEVELT will NOf VISIT ATLANTA IN MAY. At That Tima Texan Will lie HU Kale Objective. Atlanta, Dec. 12.—President Roose velt has declined Atlanta’s Invitation, extended through President Maddox of the Chamber of Commerce, to visit this city next May. In hls letter the Pres ident states that hs will, at that time, visit only Texas, going probably by way of Indian Territory. Later on, he euys, he expects to visit Atlanta and has promised. If possible, to become the guest of Henator Clay at Marietta, from where hs propose* to go to visit hls mother's home at Koeweli. • nlly'e Ssets told. New York, Dec 12.—The four eeate on the Cotton Exchange held by Daniel J. Bully A Cos were suctioned off to day on the floor of the exchange for $40,190 The three seats held In the name of Daniel J. Bully were sold for $10,490 each CARNEGIE NOW DEVELOPS SEVERE CASE OF LUMBAGO. Decides He Doesn’t Want to Go to Cleveland to Appear in the Case Against Mrs. Chadwick . TRIP TO CLEVELAND HAS TERROR FOR MAN WHO CROSSES OCEAN FREQUENTLY WITHOUT SEEMING TO DE GREATLY WORRIED. New York, Dec. 12. —A subpoena was served on Andrew Carnegie at his home in this city to-day, calling upon him to go to Cleveland, 0., on Wed nesday and testify in the case of Mrs. Cassle L. Chadwick. The summons was issued by Judge Francis J. Wing of the United States District Court of the Northern district of Ohio and was accepted willingly by Mr. Carnegie. Mr. Carnegie was annoyed, however, when he discovered that the summons required h*m to make the trip to Cleveland. “What,” he cried, when he saw that it required his presence in Cleveland. "Why, X don’t think I will be able to go out there at all. I’ve got lumbago. Do you mean to say that I’ll have to be out In Cleveland on Wednesday then come back here to appear before Commissioner Shields on Saturday?" It was said at the residence of An drew Carnegie to-night that he would be unable to go to Cleveland to testi fy In the Chadwick case owing to ill ness. Mr. Carnegie is indisposed with an attack of lumbago, and his physi cian is of the opinion that it would not be advisable for Mr. Carnegie to take the trip. One of Mr. Carnegie’s secretaries said to-night that satisfactory ar rangements have been made to that end with the United States district attorney, H. L. Burnett. WAS OVERWHELMED BY NEWS OF INDICTMENTS. A _____ It !■ Believed She Want* to Return to Cleveland. New York, Deo. 12.—Mr*. Cassle L. Chadwick was overwhelmed by the developments of her case in Cleve land to-day, and the statement was made by one close to her that she probably would give up the fight ’here and return to Cleveland to-morrow night In the custody of United States officers. She did not anticipate the double Indictment which was found against her by the Cuyahoga county grand Jury after the failure of the Lorain county grand jury to find prob able cause of action. Mrs. Chadwick Is of the opinion that if she must face the charges, she will be far better off In her home city of Cleveland than in New York. It Is known that her counsel have strongly advised against this course of proce dure, but Mrs. Chadwick Insists that she be given free rein. An important move In the Chadwick case to-day was a hurried conference of her counsel with Lawyer George Ryall, representing Banker Herbert D. Newton of Brookline, Mass., and Mrs. Chadwick at tombs. Mrs. Chadwick had previously received what was believed to toe a cablegram from her husband In Europe. At the conclusion of the conference, Mr. Ryall said he again had hopes that Mr. Newton’s claim would be paid. Mrs. Chadwick appears to be enjoy ing the best of health now and says she will be in good condition to meet the legal complications in Cleveland. HEADLESS SKELETON DISPLAYED IN COURT. Nan Patterson’s Attorney Objected to Its Being There. New York, Dec. 12.—A headless hu man skeleton, dorsal vertebrae and ribs played on important part in the trial of Nan Patterson for the mur der of "Caesar” Young to-day. The gruesome exhibition was made use of in the examination of Dr. Philip An ton, the coroner’s physician who per formed the autopsy on Young's body. Miss Patterson’s counsel protested against the use of the skeleton, assert ing that it did not compare correctly with the structure of the dead body, but hls objections were overruled. The skeleton was used to decide the course of the bullet after ll entered Young’s body. The prosecution con tended that It had gone straight to th spine, which the state’s lawyers be lieved proved that Young did not kill himself. Assuming that Young, with the pis tol In hls right hand, had crosssd It over to hls chest and shot Into his left side, the prosecution contended that the bullet would have traveled to the left. The fact that tt flew straight inwards to the eplne was ad vanced ae proving that the wound was not eelf-lnfllcted. Justice Davis said from tha benoh that a groaa impropriety had been com mitted by s local newspaper In pub lishing what purportsd to be the viewe of the wlvee of the jurore concerning the ease. H* cautioned the Jurors not to discuss the testimony, even tn their own families. Merlon Will Remain. Washington, Dee. l$ -President Roosevelt announced to-day that Bor. rotary Merton, at hie earnest rogues*, had consented to remain tn the cabinet s/ter March 4, as Beuretary of the Mary. SAVANNAH. GAt. TUESDAY. DECEMBER 13. 1904. MRS. CHADWICK TWICE INDICTED FORGERY IS THE CHARGE. HKVJOLDS TELLS HOW JIIK WOM AN FUOLCD HIM. Cleveland, 0.. Dec. 12.—Trouble for Mrs. Cassle L. Chadwick Increased at a rapid rate to-day. She was twice In dicted by the grand jury of Cuyahoga county, and her old time friend Xri Reynolds took the stand In court and made evident his intention to shield and protect her no longer. The aged secretary of the Wade Park Bank presented a pathetic pic ture as he answered question after question which brought out his own implicit faith in the woman whose financial transactions have well nigh ruined him in fortune, and caused him such infinite trouble. He gave evi dence that he still believes his trust was justified. Only one query he at tempted to evade. This was when he was asked how much of his personal estate had passed into the possession of Mrs. Chadwick. His eyes filled and he requested that he be excused from answering. The question was not pushed. The formal indictments voted against Mrs. Chadwick this afternoon are based, one upon the Carnegie note for $250,000, which was made payable at the office of Andrew Carnegie in New York city, and the other upon the Car negie note for $500,000, which was pay able at the National Bank of Com merce in New York. Under each in dictment are two counts, one charging forgery, the other uttering of forged paper. Information of the indictments was at once wired to New York by County Prosecutor Keeler, and he requested that Mrs. Chadwick be immediately re arrested if she secured bail on the oth er charge* hanging over her. What She 'ftilil Reynolds. The examination of Iri Reynolds, treasurer and secpetary of the Wade Park Bank, befora Referee Remington in the bankruptcy court to-day failed to disclose any asset that might be secured by Receiver Loeser, appointed by the federal court, but brought from Mr. Reynolds, in reply to questions, the following answer: “She told me she was the illegiti mate daughter of Andrew Carnegie.” Later, Mr. Reynolds, In detailing his transactions with Mrs. Chadwick, said: “In all my transactions with Mrs. Chadwick I believe from what she told me that Andrew Carnegie was backing her and all her indebtedness would be paid." He then added: “And I have not had anything yet to make me doubt it.” In detailing how he came into pos session of the $5,000,000 note bearing the name of Andrew Carnegie, he said: How He Got the “Seenrltlei.” “Mrs. Chadwick called me to her house and said she wished to Intrust to me securities. She said she had been advised to place them in the pos session of a third party, and she want ed me to take care of them.” This was the package that was open ed last Friday night in the presence of Mr. Reynolds and Attorney Stearn by Attorney Andrew Squire. The package was produced in court and Mr. Reynolds identified the CaYnegie note, the mortgage deed and the copies of an alleged trust agreement. Continuing the witness said. “She then handed me a paper to sign.” This paper the witness did not have with him, but as near as he could remem ber, it read: “I certify that I hold in trust for Mrs. Cassie L. Chadwick securities and a note for $5,000,000." Mr. Reynolds would not swear to the wording, but It was to that effect. The note was not indorsed, but he had no doubt that the alleged maker of the note was back of the woman. The contents of the package were Indenti fled separately by Mr. Reynolds, and at the request of the examining coun sel he marked each paper as an ex hibit. Asked as to other transactions Mr. Reynolds said: Mow She Got gl 2,000. “There is one. It is a little banking secret, but I’m willing to tell all. She came to me, I think it was in 1904, and said she had a $12,000 paper payable at the Prudential Trust Company. If I would let her have the money she would put up United States Steel Corporation bonds in the morning as collateral. "I consulted my committee and with •their consent I loaned her the money. The next day she brought a package which she said contained $200,000 la United States Steel bonds and a $250,- 00(T certificate, which I was to hold In trust for her under the same conditions as the previous package. I held these until a month ago when In the presence of several gentlemen they were opened. It was about the time Mr. Newton be gan his suit. They contained bonds all right, but they were not steel bonds.” When asked what they were, Mr. Reynolds said: "There were five $l,OOO bonds of the Home Telegraph Company of Niagara, N. Y., and six certificates of the Buck eye Fish Company.’’ Once (Mlrretl lllhi Aid. At on* time she had mads a written statement, he said, to his committee that she had over two millions Iri bonds In the safety deposit vaults In the Wads Park Hank. He had read the trust agreement, but had never seen the signature. Mrs. Chadwb k had told him the original was In the package he held. He con fidently believed everything would be paid, up to a week ago, and had no suspicion of anything wrong until a few days before Newton brought his twit, “ghe has fooled see and many men Continued on Fifth Pago CHADWICK SEEMS TO BE IN STRAITS DOESN’T LOOK LIKE A MAN WHOSE WIFE HAD SETTLED MIL LIONS UPON HIM. Paris, Dec. 12.—Dr. Leroy 8. Chad wick of Cleveland. Ohio, whose wife, Cassle L. Chadwick, is held a prisoner in New York, charged with frauds of a financial nature, has been living here quietly for some time, occupying quar ters In a hotel in the center of Purls, but owing to the notoriety of his wife’s affairs, he has observed the greatest seclusion. Dr. Chadwick is somewhat beyond middle age. He has not the appear ance of a person accustomed to afflu ent surroundings. He frequently re iterates his desire to avoid attract ing attention, mainly on account of his daughter, a prepossessing girl of 19, by his former wife, who is with him. The Associated Press corres pondent talked for an hour with Dr. Chadwick. “It is most unpleasant to me,” Dr. Chadwick said, “to be Interviewed un der the present circumstances. It was an extreme shock to me when I saw the newspaper reports concerning the case. I learn every day new features about the affair which I never knew before. “Do 1 Look Like Itf” "There is no truth in the report that Mrs. Chadwick settled a large sum on me. Do I look like a man of mil lions?” Dr. Chadwick called attention to his appearance as he uttered his remark, saying: “Any one would be able to see that I am not a man who had received millions from hts wife.” Asked concerning reports that Mrs. Chadwick is in reality Lydia DeVere, he answered: "The first time that over I heard the name of Madame DeVere in this connection was when I saw it recently in the papers.” Questioned upon the financial aspects of his wife’s affairs, Dr. Chadwick re plied: “The financial matters in the case do not affect me in the slightest. They speak of bonds being found. I would like to know what these bonds and papers look like.” “Does' your wife know Mr. Car negie?” the Doctor was asked. AVonliln’t Dlacnns Carnegie, ■“I would rather not discuss Andrew Carnegie,” said the doctor. "Concern ing my relations with Mrs. Chadwick, I will explain them on my return to the United States. Naturally I am taking a great interest in the case, but I have not seen any lawyer* relative to my status. Although I have not yet taken any definite Bteps concerning sailing, I Intend leaving Paris for the United States in a week or ten days." In the course of a later interview with the Associated Press, Dr. Chad wick said he must refuse to believe that Irl Reynold* could have said that he (Dr. Chudwlck) was a co-conspira tor with Mrs. Chadwick, and that he was present when Reynolds gave Mrs. Chadwick the alleged trust fund re ceipt. The doctor stated that state ments to that effect were wholly un true. Being asked whether he was in com munication with his wife, Dr. Chad wick refused to reply. DEAL CLOSED OUT. Morgan Is Now Kendy to Pay the A. C. 1,. Syndicate. New York, Dec. 12.—1 t was an nounced to-day that J. P. Morgan & Cos. have given notice to members of the Atlantic Coast Line syndicate, formed to underwrite the bonds Issued to pay for a controlling interest in the Louisville and Nashville Railroad Company, that the syndicate has been closed and that they are prepared to pay the profit accruing from the oper ations of the syndicate to Its members. This profit Is said to amount to about 7 per cent, on the Investment, including the dividend declared some time ago. CORONER’S JURY* LEFT CASE IN THE DARK. Conld Not Decide Who Killed the llnabes Family. Columbia. H. C., Dec. 12.—The Jury of Inquest In the Hughes case assem bled at Trenton to-day and after two or three hours of testimony and con sideration returned a verdict that the Hughes family came to death at the hands of person or persons unknown. TO MEET IN LOt ISVILLIC. Rest Rennlnn of Ike Veteran* Will He Held There. New Orleen*. Dec. 12 -Gen William K. Mickle, adjutant general United Con federate Veterane, authorise# the iriawmanMt that the nest reunlan of the veterane will be held In Leula vltle, Ky, but that the date has not vet been settled. FRENZIED FINANCE WAS BUSY IN WALL STREET. l/inion’i Attack* Drove Amalga mated Still Further Down. New York, Deo. 12.—Beginning with heavy declines in Amalgamated Copper to-day’s stock market was weak throughout the entire session, the oc casional rallies falling to hold prices for more than a few minutes at a time. Although values crumbled away rapidly there w’.rs little excitement In the street. Brokers seemed to have nothing but selling orders, they said, and did not look heyond that fact, the recent reckless speculation and the campaign by newspaper advertisement against a copper stock to find reasons for the drop in prices. Money was easy and. loans were made freely, but col lateral was scrutinized very carefully. The market closed weak, with prices generally at the lowest. More than 2,900,000 shares of stocks changed hands during the day. The selling wave continued nearly all the forenoon with only a temporary reaction, and about noon the market showed further weakness. An Impres sive feature of the forenoon was the heavy selling by London houses. The sales of London houses were the larg est in the steel stocks. There was evidently a good supply of stop loss orders on hand, but the shorts did not fare much worse than some others. The violence of the opening declines was so great and so pronounced that many brokers and traders on the floor were overwhelmed with surprise, and for a little while were quiet nonplussed. Any market support that muy have ex isted was without the slightest effect. One of the most sensational breaks was tn Greene Consolidated Copper on the curb. It had been selling around 34 early in the day and had declined only nominally. In the afternoon the Stock broke nearly 10 points to 22. Ten points In Greene Copper Is the full par value of $lO. AS WHITECAPPERS MEN ARE INDICTED. Prominent Cltlsen* of Lincoln County, Via*., Under ( barge*. Jackson, Miss., Dec. 12. 4 profound sensation has been created by the in dictment of Hon. H. T. Montgomery, member of the Legislature, and J. C. Bryant and ,T. B. Willis, members of the board of county supervisors of Lin coln county, on the charge of white capping. It was known that prominent citizens would be involved in the lkwless out rages after the employment of detec tives by the Governor, but tt was not supposed that county officials would be found mixed up In the whitecap ping business. The Lincoln County Court cannot possibly dispose of all the cases at this term of the court, as more than 400 Indictments have beeh found, and among those are a number of the wealthiest citizens of the county. Detective Hoyt ha* worked up the case for the Governor. He has per formed the unusual feat of securing a copy of the oath taken by the white cappers, which 1* us follows: * "I do solemnly swear to keep and never reveal any of the Hecrets of this organization, and do solemnly swear that I will live and abide by any of its rules as they now are or as they may hereafter be revised; that If ever called upon to sit upon any grand Jury or other Jury to hold out forever against any bill or verdict directed against any member of this organization. “I will assist In every way directed by the organization to compel the ne groes to vacate any and all property owned by merchants, to assist to put any and all obnoxious negroes out of the way. I fully understand that death shall be the penalty to any and ail members revealing any of the secrets or workings of the organization.” PLANS TO REORGANIZE SEABOARD’S FINANCES. Chnlrnian lllnlr of the Eterntlve Committee Multra the Announce ment. New York, Dec. 12.—James A. Blair, head of the banking firm of Blair A Cos., and chairman of the Executive Committee of the Heaboard Air Line Railroad, to-day said that plans were being perfected to reorganize the fi nances of the Seaboard Air Line Rail road. In 1903 Blair A Cos., Thomas F. Ryan and Boston Interests purchased con trol of the property from the Wil liams-Mlddendorf-Baltimore share holders. QUESTION OF VALIDITY. Tillman Culled on Committee to Consider It In the Cram Case. Washington, Dec. 12.—'The Tillman resolution directing the Senate Com mittee on the Judiciary to inquire Into the validity of recess appointments was taken up by the committee to duy and discussed at length. The resolution was offered by Sen ator Tillman us the result of the con test waged by him to prevent the con firmation of W. D. Crum, a negro nominated for collector of the port of Charleston, S. C. The question was referred to a sub-committee, composed of Senators McCom&s, Nelson and Bacon. BARTLETT WANTS : THE LIMIT ADHERED TO. Washington, Dec. 12. —Representa- tstlve Bartlett of Georgia to-day in troduced a bill amending the national bunking act so as to prevent any per son from being a borrower and In dorser beyond the legal limit. Agreed In Extend Time. Washington, Dec. 12. — ln the case of the state of South Dakota vs. the State of North Carolina, the ftupreme Court of the United Stairs to-day granted the motion to extend until April I, the time for the payment of the North Caroline bonda, as prayed for by that atate. The purpose of the aniens ton Is to afford lima te the North Carolina legislature to coneM. *r the gueatlon of paying the bends and thus avoid sale- i CENTS A COPY. _ DAILY. IS A YEAR. WEEKLY 2-TTMES-A-WEEK.iI AYEAR MOODY APPEARS IN PEONAGE CASE ATTORNEY GENERAL WILL ARGUE AGAINST CI.YATT IN THE SUPREME COURT. Senator Union. Cnngre*nian Brant ley anil (npt. Hammond Will Be Pitted Against tlie Attorney Gen eral— Deelaton of tlie Supreme Court Will Re Far-Beaehlna—Nam ber of Peonage Caaee Are Heating Upon the lte*iiH of the Clyutt Caae. By R. M. Lamer. Washington. Dec. 12.—The Clyatt peonage case, which is to determine whether the federal law enacted to break up the peon system is appli cable to the so-called peonage cases in the Southern states will come up be fore the Supreme Court to-morrow. It was set for to-day. but Attorney Gen eral Moody asked that It go over for a day. The Attorney General regards this case of so great Importance that hu has decided to make the argument for the government in person rather than Ihrough one of his assistants. This will be Mr. Moody's first appearance In the Supreme Court ns attorney gen eral. He sets forth in his brief that there are hundreds of cases, perhaps a thousand, now being held up to await the Supreme Court's decision In this particular test case. The attorneys representing Clyatt are Capt. Hammond of Thomaavllle, Rep resentative Brantley and Senator Ba con. Mr. Brantley will make the opening argument and Senator Bacon •will clone In reply to the argument of the attorney general. Mr. Brantley's brief, goes exhaustively into the his tory of federal peonage legislation t show that the so-called peonage of the Southern states Is an entirely dif ferent condition, and one with which the states, not the federal government, have to deal. The case has attracted much atten tion in legal circles and throughout the South. HITTING AT HARBORS. Cannon Wants the Appropriation at the Lowest Notch. Washington, Dec. 12.—A member of the Elver and Harbor Committee said to-duy that thus far but little progresa has been made In behalf of many of the new projects contemplated In the proposed bill. It seems that Speaker Cannon hus called upon the committee to pare the appropriation down to the lowest notch, and In dealing with the river and harbor bill, he advlßea that all or nearly all of the projects for Improvements ba kept out of the bill. Members of the committee assert that the Speaker Is unreasonable, and also Impracticable In hls advice. Some of the new projects urc absolutely nec essary and cannot be deferred without serious. Injury to commerce. In some Instances Important harbors, like Sa vannah, have been successfully main tained under the continuing contract system. These contracts have been completed, and new projects are pro posed In the pending bill which should not be delayed. Representatives Lester gnd Spark man, members of the committee, are looking after the Interests of Georgia, Florida and South Carolina, and the harbors of the South Atlantic coast will not suffer if they can prevent It. HItCOHDKD TRANSFER DEED* In the Purelinne of the Chesapeake Transit Property. Norfolk, Va., Dec. 12.—The move ment for the purchase of the Chesa peake Transit property by the Norfolk and Southern Railroad was completed to-day by recording the transfer deeds In Princess Anne county, Norfolk coun ty and Norfolk city. One of these deeds is anew mortgage of the Norfolk and Southern to secure $10,000,000 of bonds, of which only $4,- 400,000 are to be issued at present, for the purpose of taking up the outstand ing bonds of the Norfolk and Southern to pay for the property of the transit company, the electrification of the Vir ginia Beach branch and the broad gauging of the Washington and Ply mouth branch. The remaining bonds are reserved to be Issued in the future, from time to time, to acquire or construct additional lines and for equipment and Improve ment. fICHOONEH’S CAPTAIN KILLED. Hall Thrashed Him to Death on Hls Vessel’s Deek. Newbem, N. C., Dec. 12.—Capt. John Franklin Mann of the schooner Ivy Blades was accidentally killed on hls vessel In the Pamlico sound Sunday morning at 4 o’clock. Owing to change of wind he was shifting sail from one side to the other. It came back en tangled him and swayed violently back and forth, beating him on deck until Injured so that he lived but two hours. Mate A. E. Mann, the captain's cous in. brought the vessel to Newbern. Capt. Mann’s body was sent to hls home at Elizabeth City, N. C. Howell Wants a Hearing. Washington, Dec. 1$. —Capt. Howell, the army engineer In charge of the har bor Improvements In Mouth Carolina, Arrival here this morning from Char leston, with the expectation of going before the river and harbor commit tee to explain certain work In hls dis trict, owing to indisposition of Chair man Burton the committee did not hold a meeting, and Capt. Howell may have a hearing before the committee to-morrow. ■ranks’ Condition. Raleigh. N. C„ Dee. 12.—Dr. Herbert H Royater. who remains with H Mortimer Brook* at Plttebero, report* te-nlfht that there Is Itttls change In the condition of the wounded man. Reginald Brooks and Dr. Folk loft for Nsw York this afternoon.