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VOL. XXXVI. NO. 15.
GIGANTIC RAILWAY TRUST
DEALT STAGGERING BLOW
St. Pa April 9.—Tho position of th'
-nited States government in the suit
'brought against the Northern Securities
t’”:np.iny. the Northern Pacific, the Great
Northern railways, and indi ’ual offi
cials and directors of thosr «1/».
v..is sustained in the decision ' ' 4 Oj».
d-’wn in the United States circuit t-
Os appeals in this city today.
The case was originally brought in the
United States district court here, but
tinder a special act of congress was
taken at once to the court of appeals,
hich court was to expedite the hearing
find decision of the case in every man
ner possible. The taking of testimony in
this < ity and in New York lasted for
Several weeks and the arguments in St
Louis before Circuit Judges Caldwell.
Sanborn. Thayer and Van Deventer took
several days. The decision of the court
x\,:s written by Judge Thayer, and
fil’d in this city, where the original
action was instituted. An appeal to the
United States supreme court will be taken
immediately. All four judges concurred
in the conclusions of the court, which
tA“re stated by Circuit Judge Thayer
Summary of Opinion.
Judge Thu' er. in the opinion, recites the
V tition which was brought under the
anti-trust act of 1593, and adds that under
the a < t of February 11. 1903, this case
being of "general pujjlin importance” has
b'—n given precedence over others, and
In every v. iy expedited. It is declared
that from the admissions of the plead
ings the matters of fact are that the
roads were parallel and competing lines;
that they had jointly secured control of
the Burlington line; that in 1901 a hold
ing company had been formed by large
owners of the stock of the Northern Pa
cific. and Great Northern railways, by
which new company large stock interests
h id been -icquired at an agreed price, and
is-- ■ ourt holds that “the scheme which
■was thus devised and consummated, led
inevitably to the following results:
1. it placed the control of the two
r-ads in the hands of a single person, to
w>t. the So urities company, by virtue of
its ownership of a targe majority of the
Ftork of both companies. 2. It destroy
ed every motive Mr competition betweep
two mads engaged in interstate traffic,
which were natural competitors for busi
n*'«s. by pooling the earnings of the two
r- ads for the common benefit of the stock
holders of both companies; and. according
to the familiar rule, that every* one is pre
sumed to intend what is the necessary’ I
com?, .nienop of his <«wn acts, when done
"■ • i -i d«' hr; it- ’y, we mus* c»n
» b that fho«e who conceived and ex
r 'tr-d the plan aforesaid, intended, .among
o:her things, to accomplish these oh- i
jects.”
Merger and Anti-Trust Act.
On the point whether the present case
comes within the inhibition of the anti
trust act. the court db-eusscc the mean
ing >-f th*- word trust as used in the act.
led adds ♦hat corgress “was careful
I * declare that a combination in any
frther f- rm if in restraint of interstate
tr .de or commerce, that it. if it directly
n- asinned or effected such restraint,
should likewise he deemed illegal. More
over. in cases arising under the act. it
has been held by the highest judicial au
thority in the nation and its opinion Las
b’on reit« rated in no uhcert iin tone, that
tl • rot applies to Interstate carriers of
freight and passengers as well as to a!
ether person... natural or artificial; tnat
th*' words ’in restraint of trade or com
merce do not me an in unreasonable
nr partial restraint of tr ade or commerce,
bit any dire* t restraint thereof: that
>n agreement between ampeting rail
toads. which requires them to act an con- j
cert in fixing the rate for ine carnage
of passengers •>: freight over their n -
fpect:v<- lines f>m one state to another. !
nml which, by that means, restrict., tern- •
porarily the right of nnv other of stu n I
carriers to name such rates for the ca r - I
ri.ige of such freight nr p o\ • i ■
i s road, as it pleases, is a contract in ’
nirert restraint of comm'rre. within the 1
nr aning of the act. in that it tends • •
prevent competition; that ft mattets not |
whether, while acting under such a cor- |
tract, the rate fixed is reasonable or uh- I
reasonable, the ' :<-e of such a * ontrart
or combination being that it confers the I
power tn establish unreasonable rates. .
and directly restrains commerce by plac ‘
ing obstacles in the way of free and un- !
i •-strioted competition between <arri<»r.<
who are natural rivals for patronage;
and finally, that congress has the power,
und*r th' grant of authority contained in
the federal constitution, to regulate com
merce. to say that no contract nr enrr
bination shall be legal which shall i> -
strain interstate trade nr commerce to
‘-hutting <»ff the m < ration the genera! !a »•
of competition.
In Restraint of Commerce.
‘Taking the foregoing pronositions sot
granted, it is almost too plain for argu
inent, that the defendants would hn\e
violated the anti-trust act if they' had
done, through the agency* of natural per
rons, what they hav< accomplish’d
through an artificial person of their own
creation. That is to say. if the same in
dividuals who promoted th* s« urities
company, in pursuant of a p? -\ io ; »s un
derstanding or agreement*, so to do. had
transferred their stock n the two rail
road c*»mpanie.s to a third pa: : y . o: pa:
ties, and had agreed to induce othci
FUfiieholders to do lik* wi l -- . untii a ma
jority of the stork of both companies
l ad been vested in a single Individ .al or
pssociation of indixiduals, a..<i iiad em
-1 powered the holde r or holders to v«d<
;hc stock as their own. receive al: ihe
j.vidends thereon, and pre rate or «.i\iu«
them among all tin sto<-’«hobier.< •-f the
, rcmpanles, who had transferred th* ir
Ftock. the result would hav. i»< • n r com
/ bins lion in direct restraint of inierstau
commerce, because it would nave pid< ■ u
/ zn the hards of small ’’oterie of nen
the power to suppress competition b« -
tween two competing interstate carriers,
whose lines are practically paral -i.
“It will not do to say* that, so long
8s each railroad company has its own
board of directors, they* operate inde
pendently and are not controlled by the
owner of the majority of their stock. It
ir the common experience of mankind that
the acts of corporations are dictated ami
that their policy is controlled by those
who own the- majority of their stock.
Denounced as Illegal.
“What has been done fhrough the or
ganization of the company accomplished
the object which congress has denounced
as illegal, more effectually, perhaps, than
such a combination as is last supposed.
"Again, it is urged, tentatively, that if
the existing combination, which the gov
ernment seeks to have dissolved, is held
to be one In violation of the anti-trust
act and unlawful, then the act unduly
: iPIERPONT MORGAN SAYS j
: HE’LL FIGHT DECISION t
S Y •
•**9 j ®
' i A’ YORK. April 9. .1 Pierpont Morgan said: •
j [\ * Until I sop the full text of the decision I should not care tn express •
• an opinion on it This much is certain, however, it will not rest
• where it is. •
• “The question of the right of two nr more railroads to be operated by’ a. •
i • holding company will he taken tn the United States supreme court at •
| J Washington. Instead of looking upon the decision of the court today as a •
• blow tn railroad enterprise, I should say that the reverse is the case. Cap- *
• ital all over the country is anxious to know its rights in the matter of rail-
• road construction and operation. Railroad men want to know where they •
stand. •
• “The deri«ion tndav is iu.= t one step closer to a decision from the United •
• •
• States supreme court, which will be final. f<»r even if the Northern Securi- •
• ties had won today, the governments attorney would probably have ap- •
e pealed. •
“The question was of sn-h importance that an appeal was assured no w
? matter who won. These facts are plain Both railroads held by the North ?
• ern Securities Company still cxiM and are doing a good business. ?
“When railroad men know exactly' bow the law is t • be interpreted, •
• they will probably find good ways to see that properties are operated •
• economically and profitably
• A conference <«f leading financiers wa.s held this afternoon in the offi. n •
• of J. p. Morgan Co. to discuss the details of the decision and its bearings
i upon railroad properties in the future. «
• President J J. Hill, of the Northern Securities Company, went to his ®
• New York offi* e this afternoon, where he was in conference with W. P •
• Clough, general counsel, and fourth *’icr president of the company. Prcsi- •
• dent Hill made this statement:
• “All I ran say at this time is that the roads of the Northern Securities
• Company’ are showing good earnings, the properties are paid for and they' ?
; 4 cannot be taken away The derision, as 1 understand t, does not dis- •
I f turb the ownership of th« property ” J
, • Ex-Judge W. H Moore, who is one of the dominant factors in th n Reck •
• Island Company, is quoted as saying: * *
“The derision in the Northern Seruritles rase will in no way affect the «
« Rork Island Frisco deal. They are not competing lines and the two cases t
? are in no sense analagous.” *
• MONOPOLY IS DEFEATED. 1
j SAYS THE GOVERNMENT i
• •
• ©
• Al 7 ASHINGTON. Xpril 9 Xssistant Attorn >y General William A. T»ny. •
i VV who took a prominent part in th.- argument before the Unit’d States •
circuit court, * ting at St Louis in the Northern S’-curitb s in ,
• speaking of the d< ion of the cou •
• “The judgment of the court in Northern Se< irities ca • one of far- •
• reaching consequen < s and reaffirms the right of ti < p< )pl< ■ • m fr< om •
e monopoly. M
“By this decision doubts have been r< )h*ed into certainty and all may e
J know the limit to which ■»m » itioi . • go. »
The combination is resolved into its original element with the di ret c
i law that they shall <ompete. 4
“The victory in this great cas»< is n < merely a legal triumph. The cast •
• has been fought to >u cess that the Ihi*- i nacp-’r.i t ;*>n for persons and o
• property might be kept "p r n and that o p im.it-- competii on might pro •
• vail.” *
• Unless there is very great expedition In bringing the merger case f<» the e
• United States supreme court ami also in it.-- consideration thereafter the J
• supreme court wi i not pass upon the <-ase during the present term. The *
• court will adjourn finally the latter part, of May and will not < onvene again •
• until next October. Os the remaining time «»f this term only the next •
• three weeks vil be devoted to arg inp-nt. us the call of the d »ck* t will *
be suspended Friday. May 1. It is considered impossible that the papers ®
• can be put in shape and the case prepared for conslder.ation of the court ♦
• within that time. The law allows thirty days for perfect.ng the appeal. •
■ ? ?
I restricts the right of the individual to
! m ike contracts, buy and sell property.
i anil is invalid for that reason."
"It Is our duty to ascertain whether
i the proof discloses a combination In di-
I rect restraint of interstate commerce,
: that is to say. a combination whereby
the pow*r has been acquired to suppress
competition '..etween two or more com
peting and parallel lines of railroad, en
gaged in interstate commerce. If it does
dis lose such a combination, and we have
hesitation in answering this ques
: lion in the affirmative, then the anti-
■ trust act. as It has been heretofore in
' terpreted by the court of last resort, has
. been violated and the government is en
titled to a decree.
Decree for United States.
"A decree in favor of the United States
will accordingly be entered to the fol
lowing effect:
i "Judging that the stock of the North
ern Pacific and Great N dthern .■ompa
nies. now held by the Northern Securi
ties Company, was acquired in virtue of
a combination among the defendants, in
restraint of trade and commerce among
the several states, such as the anti
trust act denounces as illegal; enjoining
the securities company from acquiring
or attempting to acquire further stock
of eithi r of said companies, also enjoin-
| ing it front voting such stock at any
; meeting of the stockholders of either
of said railroad companies, or exercis
ing 01 attempting to exercise any con
trol. direction or supervision, or influence
over the acts of said companies, or either
of them, by virtue of Its holding such
stock; enjoining the Northern Pacific
and Great Northern companies, respec
tively, their officers, directors and agents
from permitting such stock to be voted
by the Northern Securities Company, or
anv of its agents or attorneys on its be
half, at any corporate election for di
rectors or officers of either of said com
’ panles. and likewise enjoining them
■ from paying any dividends to the securi
| ties company on account of said stock,
or permitting or suffering the securities
I company to exercise any control what
! soever oyer the corporate acts of said
companies, or to direct the policy of
I either; and, finally, permitting the securi-
I ties company to return and transfer to
I the stockholders of the Northern Pacific
i and GranT Northern companies any and
I all shares of stock of those companies
which it njtiy have received from such
stockholders in exchange for its. own
stock or to make silch transfer and
assignment to such person or persons, ns
are now the holders and owners of its
own stock originally issued in exchange
for the stock of the said companies."
ATLANTA, GA., MONDAY, APRIL 13, 1903.-TWENTY PAGES.
f Circuit Judges Caldwell. Sanborn, Th.iy
|or ami Van r>evanter hoard the case,
I and all concurred in the opinion, which
was written by Judge Thayer and filed
*h fTt. Izim’s (lie same time it. was
handed down in the United States circuit
court of appeals in this city. The de
fendants are:
The Northern Securities Company, the
Northern Pacific Railway Company, th
Great Northern Railway Company. James
'J. Hill. William I’ clough. I>. Willis
James, John S. Kennedy, J. Pierpont
Morgan. Robert Bacon, George F. Baker
and Daniel S Lamont.
TILLMAN TRIAL POSTPONED
Continued Because Two Important
Witnesses Were Absent.
Columbia. S. c, April S. James TT. Till- !
man. who shot and killed N. G. Gonzales, i
the editor of 'file Columbia State, on Jan
tir.rv 15 last, was taken to the criminal ;
<e irt here today for the purpose of hat
ing him plead to the indictment returned
against him last Monday for murder and I
carrying com . tiled or unlawful arms, as
they were termed In this state.
Much to th. surprise of the spectators
and lawyers here, the defense today avail
| ed themselves of the opportunity prcsenl
l ed to secure a continuance, on the ground
that it had been impossible to secure tile
■ attendance of two material witnesses,
I Captain J. A. White and Miss Mary Julia
Roper.
I The prose utlon urged that a rule had
been made re. ■ ntly to prevent contin
uances under such circumstances ns those
shown in this ease, but the court ruled
against them ami granted a continuance
until the July term on an affidavit of
the defendant's counsel, stating that It
had been impossible to get witnesses here
in time for this term. The solicitor for
lhe prosecution then urged that the de
fendant be arraigned at this time, but
Judge Klugh declined to accede to tills
request and the prisoner was remanded
and the case continued until the June
term of court.
Croats Burn Hungarian Flag.
\gram. Hungary. April 11. On the oc
casion of the national festivities today
the Croatian peasants made a. demonstra
tion against the Hungarian authorities
and hauled down and burned the Hutt
| garian flag which was flying at the rail
road station at Zaprosic junction. The
authorities subsequently obtained control
of the situation and hoisted a new flag
I with much ceremony.
CUBAN CONGRESS IS
IN SESSION,
: Praises Koosevelt for His Action in
■ Calling Extra Session to Ratify
the Treaty—Obligations to
America Should Be
Carried Out.
Hav-uri. April fi. Congress reassembled
a* 5 o'clock tins afternoon and will prob
ably continue in session for three months
on acsount of th>‘ ne.-essity for the enact
ment of many laws before all the depart
ments of th. government got thoroughly
under way. A iti.ss*;;** trom I’: -idont
I’alrna was read it the opening session.
The president congratulated the country
on the maintenanci of peace and order
! since the strikes l ist November. lie
recommended IK'* legislation concerning
municipalities and sanitation. The. mes-
•T»ur relations with the Cnited States
continue to bo close anti cordial. Much
mor- gratifying is the noble and reso
lutolv favorable attitole of the presi
dent of that great republic. It is enough
to rememlrcr the obstacles which the
stubborn will have overcome in nego
tiating the .eeiproott treaty ami obtain
ing th, ratification thereof, and his firm
purpose to summo t a peeial
congress to definitely rpi>r<>.... it. Be
sides tie- sympathy ami rospe. t whi.-h
we inspire among tile American pie by
our exetm-larj conduct as an independ
ent Qcnplo, who realize the duties ami
responsibilities of eitizen.-hlp. these cir-
Icumstanees powerfully contribute in so
lidifying the good understanding between
both nations.
•It is in om inter st to worthily cul
tivate these sentiments, and we cannot
do .so better than b\ carrying out our ob
ligations to the Washington government,
expeditiously. frankly and correctly,
whether it ire granting what wo ought Io
grant or refusing who: wo consider our
selves ju-titied in refu. ; ng It is unnec
' ossary t > recall the tn, t that in the na
val station agreement, which is in the
I hands of the senate of the. nited States
I has obtain, d sites at (loan .name and
' Bahia ft mda. after n.-kmg also for Nipe
and Ci' 'ljego !• . Ing impossible to
| elude e o ying -ut ■. duty In aeeord-
l.mee wi ■ tiie ’ it ■.-!< •• .1 .- it the ex-
lE made ice r,..- . i mvor.tble posslMe.
and recommends a speedv approbation,
so that it mi> be i ..=sib|.-
i n additional agr. .-rm nt to esta lish the.
price of the 1,-a-e and other conditions
and details regulating the possession of
tlm stipulated areas of land and water.
••The government is at pr-sent occu
pied wit!, the Isle ot I elms mait.r.
. it has reason to hop., that the settlement
ll'-i. ivith will be satlsfactorv to Cuba."
President Palma exp..-uses tlm hope
tl i.t th. mmstion of in ..-pniating into
the treaty all tlm provisions of tlm i’iatt
amendment will soon ... settled, ami adds
that aftev this has been done it will seem
untie. , ssar- that th. Blatt amendment
should remain any longer a part of the
< onstit tition.
President I’alm.r points .mt that tlm
cash balance at the treasury amounts to
amt advises that it should al
ways b. k- 4. at Jl-.500.000 to prepare for
! MAY FAVOR CESSION TREATY.
Commission That Visited Islands
Greatly Discouraged.
Washington, April 11 A dispatch re
ceived here is to tlm effect that the royal
commission left St. Thomas a few days
I ago for Denmark in a pessimistic frame
of mind.
After the treaty of cession had been
laid aside the Danish government to
placate the r . sid.-nts of tlm Danish W est
Indies and the people at Itome who favor
ed cession to the llni'ed States sent this
commission to the islands to devise means
for the improvement of the condition ol
' the island, rs by tlm readjustment of sal
laries, the establishment of direct lines of
steamsliips and changes in customs duties
which, it was hoped, might reconcile the
I islanders to their retention by Denmark.
I It now appears that the commission
i was very much discouraged by what it
I saw and heard, so it is entirely possible
i that there will be a. strong revival of the
' cession movement in Denmark wlmn they
return.
Technically the treaty of cession, rati
fied by the United St.ates senate, is pend
ing b fore tile Danish government, ami.
if there is a cluing, in public f, cling
there. It may be ratified and the cession
completed, providing the house js called
in special session before July, when the
time allowed for exchange of ratifica
tions expires.
[ CASTRO WILL REMAIN FIRM.
Refuses To Settle Through Financial
Syndicates.
i Washington. April 1". News was m
I ceived here today from Venezuela to the
I effect that President Castro will remain
firm and sustain Herbert W . Bowen, Ven
ezuela's plenipotentiary, in the attitude
lie iias taken respecting tin settlement
of the claims against Venezuela ami in
favor of referring the question of prefer
ential treatment of th.- blockading pow
eis to Tile Hague for determination The
same statement contained the informa
tion that no overtur-s have been made
to President Castro directly by the rep
resentatives of the allied governments
for settling the controversy, hut over
tures with this object in vi'-w have been
made to the government by sonic finan
cial syndicates.
Mr. Bowen lias opposed bitterly any
settlement through tiii.incial syndicates
and president Castro has sustained him
it is believed by Mr. Bowen that, now this
matter is set Herl, the protocols remain
ing to be agreed on prior to reference to
The Hague will be concluded before very
long.
Admiral Schley Goes to Washington.
Chicago, April 12.—Admiral Sehley and
his party loft for Washington tonight af
ter a two days' visit in Chicago. The
admiral has entirely recovered from his
threatened attack of grip.
Textile Plant Closes Down.
Pawtucket, R. 1.. April 6.—The plant of
I 1 the American Textile Company here was
• Tosod today and more than 250 operatives
of all classes are thrown out of employ
ment. It is announced that the mills will
remain closed indefinitely.
HEAPS OF CORPSES MARK
SWATH CUT BY CYCLONE
THRO’ STATES OF SOUTH
Little Rock. Ark., April S.—Specials to
The Arkansas Gazette from several
towns in White and Cleburne counties.
Arkansas, tell of a cyclone which swept
through that section Tuesday night leav
ing death and destruction in its wake.
The major portion of tlie country through
which the storm plowed its way is re
mote from railroads, telegraph or tele
phone lines. A special correspondent of
Th.* Gazette wires from Searcy, Ark., t->-
night that he had passed over a portion
of the track of tin- storm and that the
trees were twisted from their trunks ami
houses demolished.
Thus fir it has been Impossible to .as
certain where the storm began, lint it is
known that it raged in those two counties
ami the list of casualties will, from indi
cations. mount much higher than it now
is. with oim- dead, three dying and thir
teen others badly injured. The towns of
Little Red, Albion. Bradford. Heber and
Pangburn have been heard from thus far.
The dead arc:
JIM LLGGbITT. Little Red.
jol-l I.IOHII-l'l'T. Little Red.
Tg.M KING and WIFE. Little Red.
THRI.L KING CHILDREN
Vol NG LADY, school tea her, who
u. boarding H King s.
I A. ,'. WILLIAMS, near Heber.
I The injured are:
Infant child of the King family.
' Mrs. A. ,'. Williams, near Heber; not
i ' '‘ibiek ‘ Neele' VP ’scarey.
1 Albert Kiler. Elbert Dcrrile and Walker
i Pollard. Little Red.
Two <>f the Pollard family near Albion.
Mrs Hoverton and child. Pangburn:
not expected to live.
Miss Barkhousen. Little Red; leg bro
ken ami skull fractured.
Walter Muller. Pangburn: leg broken.
Mrs. Henrv Wells, injured internally;
fatally.
I I tiknown woman. Pangburn; both legs
i Tom Hanston, near Heber; both arms
i broken.
I I'nknown man nt Bradford
Bradford, which is on tile Iron Moun
! tain road, was the first point hoard from.
I Several houses wore blown down there
i and one man badly injured The tornado
i came from the west and had spent its
force by the time it reached Bradford.
It is feared the little town of Hiram.
v. a I 'taila '■nr. 'l' '"•'. has been wiped
I off the map. It It near Heber ami in the
I storm's track. Nothing lias been thus
fir heard from it. It will probably be
! several days before the names ot all who
' Were killed by th.- tornado are known.
Two Deaths Added to the List.
j Hanceville Ala.. April !*. Two more
I deaths resulted today from the cyclone
: which swept the country west of here
i Wednesday morning about 2 o'clock
i They are Isabelle McCoy, aged fi. and
Effie MeCoy, who was not considered
I one of the seriously injured. The. former
■ died early this morning and the latter
| al.out noon. The funerals were conduct
1 ed from the Hopewell church and the
i family members were all buried in th.’
same grave. Two other members of the
I same family ne also expected to die.
! The funeral services over the remains
■ of the Odens was also conducted this
' morning. One of the Oden children, it is
! thought, will also die. oettig Injured in
ti rnaily.
Reports of the damage of the storm
across the river reached here today. Th.-
storm jumped to Summit. Ala., which is
in th.- northern corner of Blount county,
wlier“ several persons were severely in
jured and a. dozen houses and barns de
stroyed.
Devastation in Cherokee.
Chattanooga, Tenn.. April 9.—A special
to The Times from Gadsden. Ala., gives
an account of further devastation by the
storm of Wednesday morning.
It is stated that a terrific cyclone pass
ed over a path a quarter of a mile wide
in Cherokee county, causing the death of
one person, the injury of several and do
ing damage estimated at $15.0k).
The cyclone occurred about 3 o'clock
in th'- morning, it. first, struck the house
of Charles Smith, a tenant on the Bishop
farm on the Coosa river. Smith's back
w. broken and his T-year-old son was
killed.
The storm then swept back and forth
across tlie Coosa river and laid waste
some of the finest homes and orchards in
Cherokee county. A large number of
persons had narrow escapes. In one in
stance a barn was lifted from over four
Imrses. leaving them uninjured. A negro
who was sleeping there also escaped un
hurt.
More Deaths in Arkansas.
Morrillton. Ark.. April 9.—Van Buren
eounty. which lies to tile north of Con
way county, and for which Morrillton is
th.- trading point, will furnish many
names for the list of those killed and in
jured by the awful tornado of Tuesday
evening. Because of the fact that there
are m> railroads ami few telegraph or
I, i.’phom lines in tiiat county it will
b. several .liys before a complete list of
the easualities amt of the property de
stroved can be compiled.
The result of the investigation today
follows:
The dead are:
INFAN T CHILD of George Shipp.
The injured:
Mr. amt Mr- George Shipp ami or..’
child, of Culpepper Mountain. Mrs.
Shipp anil the < hild are so badh injured
ilia: all hope is given up of their recox -
Mr. and Mrs. Joiner, of Slick Rock;
house demolished ami o-ecupants blown
' in 'ami Mrs. Pavatt and an infant
child'
There is small hope for the recovery
of Mrs. I’avatt ami the baby.
More Deaths from Storm.
Newport. Ark , April lit.—During the
tornado of last Tuesday night a family
of three pearl fishers named Tapp, who
lived in a shanty boat mi White river,
were drowned. The boat was torn to
pieces by the wind.
Belated reports from Vanßuren county
and from the village of Pearson, Cle
burne county, show' that the damage done
by the tornado has been underestimated.
Pearson was almost wiped out of exist
ence. Among those who are known to
1., seriously and probably fatally injured
are J. M. Clayton, his wife and his
daughter, Ida.
Five villages in Vanßuren county are
> known to have been destroyed and many
. more are though: to have been.
TWELVE PERSONS DEAD
AND MANY ARE INJURED
, Rirmingham. Ala.. Xpril X. Without a
word of warning tho little hamlet ‘»f Hope
well. 40 miles north of this city, and 1
mile from Hanceville, was swept a.way
rarly this morning by a cyclone wh: h
cut a path of desolation a. mile wide and
) 2 miles long m-ross a prosperous farmins
i section of Blount county. Twelve persons
; were instantly killed, three nr four fatal
ly injured and a score of others seriously
hurt.
. The Dead.
! ' MR. ANT) MRS. MASON GRIFFIN.
JAMES GRIFFIN.
HENRY McCOY.
FR.EDERJ i'K McCOY.
STISS BIRDIE M'-gOV.
C. C. ODEN, prominent planter.
1 MISS NORMA ODEN.
HESTER ODEN.
MISS THELMA ODEN.
MRS. C. ODEN.
MISS GRIFFTN.
Fatally Injured.
Son and niece of Nathan Griffin.
M .-. Henry McCoy and two children.
R G. Quick.
Dink Quick.
Family of John McCoy, seven persons.
Mrs. Hollestine Horton.
Miss Inez Horton.
Richard Griffin.
It is believed several of th» injured will
die.
The storm came from the sauthwest
and traversed its destructive path in a
northeasterly direction, tearing every
thing in its way. The section through
which it went is Hat. on an elevated ta
bleland in the hilly section ot Blount
county. There was not the slightest in
; timation of its approach until the houses
were being torn to pieces.
Killed in a Twinkling-.
One. of the first houses visited was that
of Nathan Griffin. The house was de
molished and Mr. Griffin and his son.
James, were killed in the twinkling of
an eye. Mrs. Griffin was so badly in
jured that she died at an early hour this
morning.
The house of John McCoy was next
j wrecked, but he and his family escaped
. I wnh severe liruise: Tile, house was ab
. solutely destroyed and the inmates can
, not account for their escape.
, The home of Mr. Henry McCoy, son
of Mr. John MeCoy, received the worst
impact of the storm. His wife was -■'•-
vi rely injured; two of his children are
still unconscious and may die. and he and
' his babe and two other children were
‘ dead this morning.
Dead Father Clasped Baby.
He was still clasping his b.iby in his
1 arms when his body was found close
to the house. Evidently he had made an
effort to get out of the house, carrying
the children with him. The bodies are.
terribly disfigured, where flying planks
struck them.
The storm then took an easterly direc
tion and stiuck the house of Mr. c. C.
Oden. The trees in the yard were
twisted into gnarled shapes and even the
vegetables in the garden were torn from
’ j their sockets in the earth. Mr Oden was
| killed outright ami so w'-r..- his tht—
daughters. 15, 12 and 9 years respect
ively. Mrs. Oden received injuri. - f:.,m
which she died later on.
The home of Mrs. Henry Wharton was
n* xt attacked by the storm, and it was
i wrecked but Mrs. Wharton wis not
1 badly injured.
Then came the home of R. G. Quick.
It went into smithereens and he and hi- .
two children were injured and i mute :
, killed, but there were no fatalities her- 1
Tennessee Valley Stormswept.
Chattanooga. Tenn.. April S.- About 2 f
o'clock this morning a heavy thunder I
storm, accompanied by unusually violent ■
wind, visited this city, and in half an i
hour th" rainfall at this point wa-- mon
than an inch. The velocity of the win.i ’
vzas 30 miles tin horn. Telegrams from :
Charleston. Tenn a point above, her.’, >
ton the Tennessee river, state that the '
rainfall was 3.(16 inches during th’- past j
21 hours. At Clinton. Tenn., the rainfall ■
was 3.56 inches. The storm covered the
entire Tenni ssee valley, and the river
is Hsing rapt.l'y, with a prediction that
L will reach within a few feet of the
danger line.
Middle Tennessee Is Swept.
Nashville, Tenn.. April S.—The depot at
Camden was destroyed by tire last night
as the result ot being struck by light
ning. and communication by wi-e I,as
been cut off. The local telephone ser
vice was crippled i y the burning out of a
number of boxes. No casualties ami no ;
great damage is reported from tiny otaer '
points in middle Tennessee.
Tornado in Kentucky.
Owingsville. Ky.. April S.—A tornado
swept over this section early this morn
ing doing great damage in the tobacco
farms and to buildings.
WILL MAKE ANOTHER EFFORT
Governor Heard Will Again Try To
Close Crevasse.
New Orleans. April 12. -Governor
Heard hold a conference at the Hymenia
crevasse today and it was determined to
begin Monday on another effort to dost
it. This time the work will be conducted
with thorough system, the labor will
camp on the spot and the ample matt rial
will be- oh nd. It will require a week's
work anu about $50,000 expense, if no
more mishaps occur, but th® authorities
thought the chance worth taking, con
sidering the millions of damage which
would result There has been no caving
in thirty-six hours, and this is the foun
dation for the hope for success.
Cup Defender Is Launched.
Bristol. R. 1., April 11—With an Amer
ican eagle at her bow the cup detender
Reliance was launched at the Herreshoff
works Just before sundown today. Five
hundred persons stood beside the glisten
ing underbody of the yacht when, at 5:31
o'clock this afternoon. Miss Nora Iselin,
daughter of C. Oliver Iselin, the man
aging owner of the l.oat. broke with
the sturdy blow <•! a silver hammer the
traditional bottle of. champagne, saying
at the same time:
"I christen thee Reliance, and may God
bless thee.”
’RICE: FIVE CENTS.
PEACH CROP WILL BE
I ’WORT.
Short Crops Will Not Result from
Cold Weather Alone—Growers
Abandoning Use of Spray,
Preferring Scale as
Remedy for It.
port y'.-rhy. Ga.. April ID. —(Special.)—
The fruit growers throughout this sec
tion are not at all jubilant over the out
look for peaches this year. This is a sore
di.-appointment, as the prospects up to
two weeks ago was unusually good.
Some f-w growers in this section have
a full crop of peaches, and it amounts
to nothing short of a. gold mine under
present cmiditions. A. .1. Evans, who has
an unusually fine crop on his Britt place,
will make s_'.sf«) on l.is crop this year, as
is <stiniated by leading peach men. it
will be of Interest to know tnat he pur
chased this place only three years ago
for $2,100, which was thought at the time
to boa handsome price. He only has
about one-third of the place in peaches.
Dr. W. C. Wright thinks there will be
a fair crop of the early varieties, but
mong the Elberta= and Georgia Bells,
which is the standard crop, and wtiii n
composes by far the bulk of the orchards
throughout this section, are almost en
tirely lestroyod. and ho estimates now
that we will prob.'ilcy have only one-tenth
of a cron. While this is due largely to
weather conditions, he says ho has lost
-onsiderabie fruit and killed many trees
outright by spraying with oil.
E. M. Fagan, who is one of tht most
substantial farmers of Houston county,
says he has lost not only his peach crop
for this y ar, but that his trees have
boon killed by spraying with oil. This
formula containing oil was recommend
ed hr State Entomologist Scott, and in
some instances lias proved to be
effective in killing the scale. This ytar
considerable permanent injury has been
none to the orenards and the. indications
•row are that the fruit men will discon
tinue using oil altogether.
Mr. Fagan says no one could even per
suade him to put it on his trees again,
and feels very blue over the complete
less of his orchard. It is thought, by a
good many that this injury to the trees
is due to the fault of the spraying pump,
and this is probably true, as it has been
.'early demonst.ated that the trees will
■ not be injured it you ear. g”t c.;.on
the trees in the exact proportion of "tl
recommended by Mr. Scott. But sinco
the grower- have no way of finding out
whether their pump is working properlv,
it is considered far more dangerous to
spray with oil than the scale itself.
John Murph, of Marshallville, states
that h’ superintended personally the
making up of this oil formula in the
t-xaet proportions recommended by State
I’.ntom..legist Scott and that it has kiT-d
• large number of hi- trees entirely. He
doe- not know whether his pump was
in working order or not, 1. .t so far
he could tell it was. Mr. Murph says ha
will nev.r again spray witli oil
Quite .. mimber of growers have suf
ter d great loss this season b> spray ..g
alone, and it is not at ad imjirobable
that the use of oil will be discontinued
entirely by the growers in this part of
the state. Some few have already adopt
ed the. salt, sulpher and lim. mix n.,
which has been used by p A ach men so
si; eessftilly in California and other states.
So far as present tests have gone, no in
jury has resulted to the trees, ano it is
thought to be quite as effective in willing
the scale as the oil.
.1. H. Baird, of the Hale Georgia
Orchard Company, thinks all the varietic ;
of pe o-hes together might average up
mu-third of a crop. There is no do-./ot
but that it will be an unusuahj short
<•(■■ >’ this year
\\ W. Henderson, of the M ga Orchai'l
i ('ompany. says lie will iir.ve a very .-hm'-
| crop, probably one-fourth.
i Hon H. .’V Mathews saj ■ lx- will hate
a V( r\ shot' crop this year. He splayeu
i with oil .uid has killed a. numbi -o, t.ee.
I'l Ic fruit men generally are very much
I troiibl.d about the situation. It looks
' aow as if it will be \ery dangerous to
continue the use of oil.
«
WAS CRAZED BY HYPNOTISM
I Woman Dies in Asylum After Horri
ble Suffering.
I Monmouth. HI-.. April 6. .Special.,)—
Mrs Marshall Mink, who, with hus
band, was hypnotized l.y reading Prof.-s
so. Hariad.-n's ho’ks . f hypnotism, died
at Waterntown asylum today.
The case is one of the most peculiar
and mystifying ever known to the modi
cal fraternity. The victims were under
tliirty years of age and are parents of
two children. Both wore sound mentally
and physically. Recently they saw an
advertisement of Professor Harradan. of
; Jackson, Mich., who purported to teach
I hypnotism in a twenty-lesson mail course.
The Minks sent for the books, in the
first lesson both became partially under
hypnotic influence and for several days
they continued in that state, both en
d.-avoring to wield their will power over
Hi.- other. Tln> husband at cist secured
control over his wife, and both were
brought, here.
The ease puzzled the physicians. A
local hypnotist partially succeeded in re
storing' Mis Mink to h<r normal state,
but mil) for a brief period. She became
worse ami was sent to th a*...
Superintendent Taylor says the ea
developed into the most violent mania
li. had ever sen. The patients' suffer
ings w.-r.’ terrible. She imagined sue
had been melted into a liquid state,
turned into stone ami born again. She
continued worse and sank into a coma
tose state from which she never rallied.
KIRK WANTS IT SET ASIDE
Property Levied on for Payment oi
Gaynor's Bond.
Syracuse. N. Y.. April 9. Judge ~a>.
in United States court today, issued an
order on United States Marshal Mac-
Dougall. to show cause why an execu
tion issued in United States court Tl
Savannah on the property of William ,K.
Kirk, in this city, should not be set aside.
'l'he levy w. s made Monday and is on
account of ■’ s**'.ooo bond signed by Mr.
Kirk for John F Gaynor, which the lat
ter forfeited bv going to Quebec, just be
fore trial of the criminal proceeaingt
nc'ainst him and Benjamin Greene anc
others fore inspiring with Oberlin M.
Carter to defraud the United States tn
Savannah harbor work The order wilt
be opposed at Norwich April is l.y i’nit-d
States District Attorney Curtis, of Bing
hamton.
