The Georgia record. (Atlanta, GA.) 1899-19??, April 21, 1900, Image 1

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The Georgia Record. VOL. I. KENTUCKY ROW IN HIGH COURT Supreme Tribunal of the Land Will Settle the Contest. DATE FOR HEARING IS SET. Attorneys File Documents Mak ing the Situation Plain and Ask For Early Decision. A Washington special says: Tht cases involving the Kentucky gov ernorship were docketed in the United States supreme court Monday. A brief statement in which counsel for both Taylor and Beckham joined was filed at the same time, asking for an early hearing. The court advanced the case to be ' heard on the 30th instant, and allotted each side four hours for arguments. ; The agreed statement sets out that both Taylor and Beckham, as gover- I nors, John Marshall as lieutenant gov- : ernor on the Republican side, and L. H. Carter as president pro tem. of the senate, and John B. Castlemon as ad jutant general on the Democratic side, are each and all claiming the right to and are actually attempting to exer- I cise the powers of the respective offl- i ces severally claimed by them, thus producing great confusion in Ken- i tucky by reason of the doubts as to which of the persons named has the 1 lawful right to exercise the authority pertaining to the several offices named, all to the great injury and detriment j of the people of the state. The agreed I statement then continues as follows: j “Thus, under the constitution and laws of Kentucky, the governor of the state, in addition to being charged generally with the duty of seeing that the laws are faithfully executed, is also ’ specially charged with the duty and | invested with the power of filling many important offices in the state by ap- I pointment, some by original appoint ment and others by appointment to fill vacancies, and also with the power to issue commissions to many officers, | whether appointed by him or elected by the people, and also with the power to issue pardons and to remit fines and forfeitures. “Both plaintiff in error, William S. I Taylor, and defendant in error, J. C. Beckham, are claiming the right to perform all functions of the aforesaid office of governor, and each of them is j attempting and has actually attempted toperform many of the said functions, such, for example, as issuing pardons and filling offices by appointment,etc., “Some of the officers of the state recognize the acts of the plaintiff in error, William S. Taylor, as the lawful acts of the governor of the state, and refuse to recog nize similar acts by defendant in error, J. C. W. Beckham; while other officers of the state recognize the acts J. C. W. Beckham as the lawful acts of the governor of the state and refuse to recoznize the acts of William S. j Taylor as such governor. “Among other officers whom the governor is authorized and required , to appoint are the officers of the ' eleemosynary institutions of the state, and each of the said two claimants to j the office of governor has attempted to I fill said offices and some persons rec- ; ognize the authority of the appointees | of one of said claimants to the offices I and refuse to recognize those of the others, and vice versa. By reason of I all these facts and others which might , be enumerated, it is of the utmost im- | portance to the people of the state ol Kentucky that the question of the ■ right to office involved in the aforesaid I litigation be determined. The ques- [ tions of law involved in said causes , are of very great and grave interest and importance, involving the nature and extent of the powers of an election contest tribunal and the powers of the judiciary with relation thereto.” Mr. Louis McQuowu appears as attorney for Beckham and other of the Democrats, while Holm Bruce appears as attorney for Taylor and , other Republicans. SKINNER ATTACKS BUTLER. An Exciting Time at the North Carolina Populist Conven tion In Raleigh. A special from Raleigh, N, C., says: Ex-Congressman Harry Skinner, who four years ago at a Populist state con vention created a great sensation by his denunciation of Senator Butler, and was crushed by the latter, repeat ed in the Populist convention Wednes day his attack and met the same fate. Skinner was pn the platform commit tee, which had a five hours’ session. The report of committee, indorsing Bryau and directing delegates to vote for him, was read after an appeal had been made by Congressman Souther land,"of Nebraska, that North Carolina Populists stand firmly by Bryan. Skin ner suddenly rose and presented a minority report like a bombshell. He cried out: “Do you want Bryan for presi dent?” The first cry was “No!” Then came “yes,” and some cheers and a shout, 'yes, if he accepts our nomination first.” “Then,” said Skinner, “if you are honest men you want to go by honest means to compass his election. I don’t want any playing politics. I think the dishonesty and fraud of Marion Butler at this convention is as dis graceful as the politics played by Democratic State Chairman Simmons. Again I say ‘do you want Bryan?’ ” There were again mingled cries of “no,” “yes,” “yes,” “if he comes to us straight.” Skinner moved the adoption of his minority report. It never got a sec ond. One delegate said Skinner was right aud the convention wrong. He de clared the platform would do the party much harm. Chairman Thompson replied to Skin ner, while the convention cheered wild ly. He indorsed the platform; said he had never pandered to the Democratic party since he left it; that if Skinner had a grievance against Butler not to ask this convention to settle it, but go to Butler and settle it like a man. He charged Skinner with failing to get in the Democratic convention. On motion of Thompson, the plat form was adopted by a rousing vote. Skinner left the stage. He said during the day that Senators Butler and Pritchard were playing into each other’s hands. Senator Butler was elected chairman of the central com mittee by the convention. The Populist convention nominated the following ticket: For Governor—Cyrus Thompson, of Onslow county. Lieutenant Governor—A. C. Shu ford, of Catawba. Secretary of State—J. B. Schulken, of Columbus. Treasurer—W. H. Worth, of Guil ford. Auditor—H. W. Ayer, of Wako. Attorney General —H. F. Sewell, of Moore. State Superintendent of Education— M. C. English, of Randolph. Corporation Commissioners—A. S. Peace,of Grantville, andT. J. Haschel, of Chatham. Commissioner of Agriculture—J. M. Newborne, of Lenoir. Commissioner of Labor—J. Y. Ham rick, of Cleveland. Judge Tenth District—J. L. With erspoon, of Catawba. Electors at Large—R. B. Davis, of New Hanover, and W. D. Merrill, of Person. The convention instructs its dele gates to the national convention to vote for William J. Bryan for presi dent. AGED ASSAULTER CONVICTED. J. 11. Glozier, 64 Years Old, Gets Five Years In the Pen. J. H. Glozier, a white mat 64 years old, was convicted in the superior court at Atlanta, Ga., Wednesday, of assaulting little Lizzie May Hudgins, aged five years. The evidence made the affair one of the most horrible that has ever been known in the city. Judge John Candler sentenced the old man to five years in the penitenti ary. The jury recommended him to the mercy of the court, but the judge stated that the law did not allow any such recommendation to be followed. The judge said that men had been hanged in Georgia for doing less than Glozier had done. It had been the judge’s intention to impose a penalty of ten years, but in view of the re commendation he cut it down to five. ATLANTA. GA.. SATURDAY, APRIL 21, 1900. TEN INDICTED BY GRAND JURY As Accessories To the Assassina tiofl of Goebel. FIVE NAMED AS PRINCIPALS. Gov. Taylor, Captain Davis and Green Golden Were Indirectly Referred To In Report. The Franklin county, Ky., grand jury Thursday afterneon returned in dictments against ten persons, charg ing them with complicity in the mur der of William Goebel. The principals named are Hen -y E. Yontsey, James Howard, Ben j Howard, Harland Whittaker and “Tallow Dick’’ Combs, colored. Those indicted as accessories before the fact are Secretary of State Powers, Captair John L. Powers and ex-Secretary of State Charles Finley, W. H. Culton and F. Wharton Golden. In the indictment relating to the alleged accessories three other men are indirectly referred to as accessories, though no indictments were reported against them. They are Governor W. S. Taylor, Green Golden and Captain John Davis. Henry E. Youtsey, who is mentioned as the first principal, was a clerk of office of State Auditor Sweeney. Youtsey was the first named in the case by Whartefc- Golden, the star wit ness for the prosecution ax the exam ining trial of Caleb Powers. Jim and Berry Howard are cousins and moun taineers of note in connection with the old Howard feud. They were with the men alleged to have been brought here by the Powers brothers and Finley and others on the “excursion of moun taineers.” Harland Whittaker lived in Butler, Governor Taylor’s home county, and is alleged to have been in the room in the executive building from which the shot was fired. Dick Combs, the negro, lived at Beattyville, and also visited Frankfort with the mountain men Caleb Powers is the Republican contestee for secretary of state aud John L. Powers, another of the defendants named as an acces sory, is his brother. Charles Finley was secretary of state under the former Republican state ad ministration when W. O. Bradley was governor. Charles Finley is now in Indianapolis, having gone there just before the warrant charging him with complicity was sworn out six weeks ago. W. H. Culton was also a clerk in the office of Auditor Sweeney. Wharton Golden was a member of the Taylor state guard and claimed to turn states's evidence on the stand in the examining trial of Caleb Powers, when he recited what he claimed to be the inside facts relating to the al leged conspiracy to murder Goebel and enough of the Democratic mem bers of the legislature to give the Re publicans a majority. It is stated that the commonwealth will at once nolle prosse the indictment against Golden in consideration of his testimony. Bench warrants will be sent to Clay and Harlan counties for the arrest of Jim and Berry Howard. It is not known what plans the officers have for bringing into custody the others who have not been arrested. GOVERNORS AGREE. Tennessee and Virginia Boundary Dis pute Will Soon Be Settled. Governors McMillin of Tennessee, and Tyler of Virginia, reached an agreement at Washington Tuesday ar to the settlement of the boundary dis. pute which has long existed between the two states. The conference, including the gov ernors and attorney generals of both states had been iu progress two days. The agreement is that each of the governors will select a member of the United States geodetic survey; that these two will again select a third commissioner from some state other than Tennessee or Virginia, aud that the three will mark out the new line which would be ratified by the court as the true boundary. A BRIEF MESSAGE Transmitted to Congress By the President Relating to Govern ment of Porto Rico. The president sent to congress Wednesday the following message: “Thn time remaining before the first of May when the act of April 12, 1900, entitled ‘an act temporarily to provide revenue and a civil govern ment for Porfo Rico and for other pur poses’ will take effect, appears to be insufficient for the careful inquiry and consideration requisite to the proper selection of suitable persons to fill the important civil offices provided for by the act. The powers of the present government will cease when the act takes effect and some new authority will be necessary to enable the officers now performing the various duties of civil government in the island to con tinue the performance of those duties until the officers who are to perform similar duties under the new govern ment shall have been appointed and qualified. “That authority cannot well be given at present by temporary ap pointments of the existing officers to positions under the act, for the reason that many of the existing officers are officers of the army, detailed to the performance of civil duties, and sec tion 1222 of the revised statutes will prevent them from accepting such tem porary appointments, under the pen alty of losing their commissions. The selection of the new officers and the organization of the new government under the new act will be accomplish ed with all practical speed, but in or der that it may be properly accom plished, I recommend the passage of a joint resolution to obviate the difficul ty above stated. “William McKinley.” To carry into effect the president’s message, Mr. Foraker, chairman of the Porto Rican committee, introduced this resolution: “That until the officer to fill any office provided for by the act of April 12, 1900, entitled ‘an act to tempora rily provide revenue and civil govern ment for Porto Rico and for other purposes,’ shall have been appointed aud qualified, the officer or officers How performing the civil duties per taining to such office may continue to perform the same under the authority of said act, and no officer of the army shall lose his commission by reason thereof; provided, that nothing herein contained shall be held to extend the time of appointment and qualification of such officers beyond the first day of August, 1900.” On motion of Senator Foraker the resolution and the president’s message were referred to the committee on Porto Rico. ADDITIONAL DOCUMENTS Regarding Philippine Affairs Sent to the Senate By Presi dent McKinley. In further response to the senate resolution of January 17th president Wednesday sent to the sen ate additional documents bearing upon the insurrection in the Philippines. The papers are all important. One of them is the report of Colonel Armas Blanco, of the Philippine army, to the “general commanding the second zone” of the events of February 2, 1899, in Tondo. He says that on hear ing the alarm of fire he immediately ordered twenty men who gathered to hold themselves ready, “so that when the designated hour arrived they would be ready to go to Meisic, where the American barracks are and set on fire the houses about there in order to in terfere with their coming out from the barracks, as was agreed upon in the meeting with D. Rosend Limon. The result was that on marching to the scene of operations we found the Calzada of Azcarraga was filled with the Americans and with them were a number of country people who cried out, ‘brothers, to the strife, for now is the hour.’ This is what men were saying to that crowd, and at the proper time the call of our army ‘advance and fire.” The sight of that strange scene threw us into confusion, for we be lieved all that we had prepared from the beginning as well as what we saw was prepared by the enemy and his spies.” He then ordered a retreat and when they met the Americans the col onel says the latter gave his forces two volleys. NO. 43. SULTAN MUST PAY THE DEBT Indemnity of $100,009 Demanded By the United States. DESTROYED MISSION PROPERTY The Turk Breaks His Promise and Now Minister Straus Predicts Serious Complications. A special to the New York Trib une from Washington says: “The United States charge d’affairs at Constantinople will be directed to inform the sultan that this govern ment must insist on the payment with out further delay of 8100,000 indem nity for outrages on American mission aries and destruction of their property, unless prompt action on the sultan’s part anticipates the ultimatum and the debt is discharged before resort is made to drastic measures. “Several courses have been urged on the president for the collection of the 8100,000 indemnity, which is ad mitted by the sultan to be due to the American missionaries. Consideration has been given to a proposition to seize the port of Smyrna and administer its customs revenues until the judgment* ' and expenses of collection are cancell ed. The course has not been wholly abandoned in the remote contingency that satisfaction is indefinitely de i layed. • “It involves serious complications in the Mediterranean, for which the United States is extremely reluctant to assume responsibility for the recov ery of so small amount at the present time. It might precipitate war through Turkey sending some of its antiquated warships to Smyrna to resist the tem porary American occupation. In that event the necessity for sending a large i fleet to the Mediterranean would create alarm among the powers and disturb • I the delicate equilibrium now existing in Europe. “Under the circumstances it has been determined to exhaust all re ; sources of peace with confidence that : the sultan will be brought to under | stand that his promises cannot be , lightly broken. “The proved claims against Turkey include about 8300,000 for the destruc tion of property alone. To these, ; which admitted practically of no dis [ pute, there was added the Lentz claim of 840,000, which was presented to Sec i retary Olney.” The New Y’ork Herald contained the : following in Thursday’s issue: “Oscar ' S. Straus, minister from the United , States to Turkey, is at his home in this 1 ■ city. It is understood that he is to >' remain here until the claim in dispute ■is settled. i \ “When Mr. Straus found that the sultan, despite his personal pledge to s ; pay the claims, which had, at his so i i Jicition, been reduced from more than > 8300,000 to SIOO,OOO, was bent on I continuing his policy of delay, he sent a dispatch to Washington, relating tire facts of the negotiation and offering his immediate resignation. The re- >I. signation, if accepted, would have been tantamount to a direct challenge ; to the sublime porte. ■ j “The administration was not pre- > \ pared, however, to take such a posi- tive step and asked Mr. Straus to per i mit Iris resignation to remain unacted i upon, and to retire from Constantino ple until the affair might be adjusted i amicably or by firm pressure upon the ■ sultan. It is understood, therefore, i that the absence of Minister Straus i from Constantinople is notice to the [ sultan of the displeasure of this coun- C try. Mr. Straus says: s “I regard the situation grave unless ■ the sultan promptly makes good his I | promises. The sultan has made the > | promise to pay the indemnity three j times. I conducted the negotiations i \ through all the stages of diplomacy aud spared no effort to avoid friction; i but I impressed upon the sultan that I our governnment relied upon the ■ prompt fulfillment of his promises, i which good faith no less than good re- ’ lations demanded.” I -