The News and Observer from Raleigh, North Carolina • 8

THE NEWS AND OBSERVER, THURSDAY. MARCH 30, 1911 PAST LINGERS IN ARMS OF PRESENT Peculiar Characteristics of the Mexicans COUNTRY OF CONTRASTS Mexico An Ancient Country, Dating Back Farther Than the Knowledge, of Man--There Is a Growing Belief the Effect That the Cradle of the to Race Is to Be Found in the Southern Part of Mexico. (By FREDERIC J. HASKIN.) Mexico City, March its capital built on the site of an ancient Aztec capital; with its cathedral standing in the identical spot where stood an aborig.nal temple; with once evidence everywhere of prehistoric civilizations dating back 80 far that even tradition 15 mute concerning them; with prehistoric Past and livof its people, united in the names of Ang Present commingled in the blood 4ts cities, its mountains its lakes, with 110 middle class among its people; Mexco, Suchiate, from the Yucatan Rio randower California, is indeed a land of mance, a country of contrasts. Uncounted centuries parade their respective types before the traveler of the Mexican highways.

When he reaches Mex.co City In a modern, electric-lighted Pullman, he is met at the train by B. cargador, who carries hie baggage 011 his back exactly as the Aztec forefather carried his burden in the days when neither the horse the were at his command. The BOr cargador carries the baggage to a hotel which was built by 14 Spanish grandee and afterwards became the palace of 8.11 emperor. The sleepy klonkey of the Past trots along the with the motor car of same the Present. The palace of imperial Montezuma now the castle of ReDiaz, and overlooks a modpublican ern Yankee amusement palace, of Judas Iscariot, to be Effigies crunched to pieces, blown atoms, or hanged by the neck till dead, are wold in the same stores as Paris kofns and American art ware.

The bull zing, built of concrete and American steel, is within earshot of the magnificent American colony, and the sound of perfervid cheering, favorite matador executes a brilliant pass and the band responds with a diana, may be wafted into the very precincts of the embassy of the United States, The Mountain of Amecameca casts Sacred Its benediction over a Amerirailroad yard. Ignorant octegenarian Indians, who know less of BenJamin Frankin than their sorrowful looking dogs know of the 131 holidays on the Mexican calendar, peddle newspapers on the street. Often one beholds all human progress at a single sweep of the eye- a modern automobile, a railroad train, a carriage, Rn OX cart, A caravan of donkeys, and a band of laden Indians, all within the distance of a single block. And then Mexico is ancient. Centuries before Christopher Columbus opened his eyes upon the world he I was destined to enlarge, there was An the prehistoric eity of Palenque IL marble tablet depicting a cross with worshippers before it.

Generations before Europe dreamed there was a land beyond the sea, Chinese inseriptiong were being placed on pyramids 5n Mexico, which are half as large those of Egypt, and of a design which tells of the kinship of their builders to the people of the land of the Pharaohs. These pyramids were built "by the compass" long before Aristotle had proved that the earth ig round. Cities had been built and were flourishing centuries before Erie the Red sighted Cape Farewell. Aztec astronomers had built an observatory on of the Star at Churubusco. where Americans now play goit read tennis, first long one before at Europe Uranienborg.

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Y. his mistress and interpreter, was presented to Cortez andadecame h.m a son many a year before little Virginia Dare's first small was heard on Roanoke Island. Mexico had is Harvard, university or before William Elihu and Mary Yale, John were born, and a hospital before Jamestown and Plymouth Rock appeared upon the map. How far back into the uncharted past the existence of Mexico dates, mortal man does not know. There is a growing belief to the effect that the cradle of the race is to be found in the southern part of Mexico.

It 19 conceded generally that there. were civilizations in Mexico before Toltees, and is agreed that they made their advent into the land about 648 A. D. The capital of the Toltec nation 1s said to have been upon s.te of the present straggling Indian village known as Tula, which is only two hours ride from this city. It WAS here that Quetzalcoatl, the Fair God, appeared among the Toltecs and taught them the arts of husbandry and war, and then sailed away in a boat built of snake skins, promising to return some day.

Tradition says the Fair www the reincarnation of St. Thomas, while history believes he was some shipwrecked Viking who had been blown across the sea. After his departure he was defied, many monuments were erected to his memory and altar fires kept burning him. One of the first things Cortez learned was the story of and he immediately assumed the role of the departed god. The Toltecs dwelt in the country of Aanhuac until the eleventh centurw, and then, like the Arabs, "folded their tents and silently stole away," There 18 a tradition, however, that in the reign of Tepancaltzin, eigth king of the Toltecs, Papantzln, his kinsman, having seen a field mouse knaw a hole in the center of a growing maguey or century plant, tasted the juice that flowed from the plant.

He was 80 delighted with it that he sent some of it to his Imperial kingman by his beautiful daughter Xochitl. The king was so delighted with the pulque and so pleased with the girl that he placed her in his harem. To this day there are saloons dispensing of pulque--to be found in every town and city where pulque sold, which bears the name "La Hermosa Xochiti," which meang beautiful flower. After the Toltecs came the Chichimecs, a barbaric horde from the northwest. It is generally believed that they were the people who gave to the Mexican Indian his distinctly Mongolian cast of feature.

They were followed by the Aztecs and other people, and here began the rise' of the nation of the Montezumas, that who met Cortez as wonderful people 8 friend, welcomed him to their capidrove them out. and were tal, then atterward all but annihilated by him. The of those terrible times is a story thrilling chapter in the book of huhistory. Who these Aztecs were man no one knows. To them Mexico owes her and the design of her money, They saw a golden eagle with a snake in h.s bill perened on In obedience to that prickly pear.

sign they bulit their capital of Tenochtitlan there, and afterward changed its name to Mex.co, after their War God. Although engaging the practice of idol worship and being the greatest practitioners of human sacrifice in all history, the Aztecs were A people who recognized a Lord of the Universe, and addressed him in their prayers Ag "the God by whom we "that knowest all thoughts and giveth all gifts," "the invis.ble, Incorporeal, one God of perfection and purity under whose wings we find our sure defense." They had 8 feast in which mixed blood with flour and baked it into cakes, which they passed to all the people, who ate it with evidence of repentenace and humility, declar.ng it to be the flesh of the diety, The head and lips of their children were, touched with water HA they were given their names. Their exodus from Atzlan finds a parallel in the exodus of the Israelites from Egypt. They, as well as many other people Mexico, had their story of Eve and the serpent, of Noah and the deluge, of the Immaculate Conception and other Biblical beliefs, differing only as much as one, would expect them to differ in a thousand years of re-telling. The Conquistadors are responsible for the loss of.

the history of the remarkable people who inhabited Mex.co the centuries before Cortez came. His historian declares that they ca found the Mayas possessed of many historical works, books relating to such sciences as astronomy, cine, geology, chronology and theology, and of a spoken and written language which permitted them to most delicate shades of thought. What treasures may have perished when a bigot's torch burned the literature of Mayan civilization! One is. ever and anon stumbling upon that some -things were done by the prehistoric Mexicans that cannot be done in the the boasted days of enlightenment of the the the twentieth art that They century, Tempering copper, Was all made flagree work" without soldering to a perfection not now approached. It was the Mexican Indian who discovered that the female cochineal could be used in making indigo rivalin gthe Tyrian purple, and the ing the Tyrian and only the chemist has produced a substitute for it, The Indians of central Mexico were able to make woolen serapes that would turn any tropical shower.

The quaintness of the country adds much its charm and its At Cuautla one alights at the oldest romance. railroad in the world. It once his watch by the oldest clock in church." At Jalapa he may set America. In Cuernavaca he may see a dynamite tree, whose seeds burst with a loud report and make it dangerous for the bystander. At Lake he finds the natives catching and eating the repulsive looking larval lizard known as the ajolote, which becomes sexually mature, but never passes out of the larval statea condition existent nowhere else, and also a condition still unexplained.

At other places he finds the natives gather a species of fly eggs and make caviar from them. The flies themselves are caught, mashed up and wrapped in corn husks and sold 88 a sort, of chili concarne. Tomorrow- -Mexico-XV, Archeological Research. An Attack of Appendicitis. (Special to News and Observer.) Wilmington.

March throughout the State will regret to learn that Mr. Louis T. Moore, city editor of The Evening Dispatch, suffered an attack of appendicitis Sunday, necessitating an operation, which was performed yesterday at the James Walker Memorial Hospital by Dre. Thomas S. Burbank and R.

H. Bellamy. He experienced some symptoms of the disease Saturday, but attributed it to indigestion. But he grew worse Sunday and physicians diagnosed his suffering as that of appendicitis. Hundreds of friends in Wilmington and elsewhere throughout North Carolina will hope for his speedy recovery.

MOUNTING FIELD ARTILLERY COL. LOUGH BOROUGH 13 THINE. MAJ. CABELL IT CAVALRY CAPT. COLE 18TH INF PHOTO'S COPYRIGHT BY AMERICAN PRESS ASSOCIATION PHOTOS OF PROMINENT ARMY OFFICERS NOW AT SAN ANTONIO, TAKEN ON FIELD, AND ARTILLERYMEN AT WORK EVER WATCHFUL A Little Care Will Save Many Raieigh Readers Future Trouble.

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T. Moore, 311 S. Person Raleigh, N. says: "My back ached intensely and I had pains through my loins. I was restless at night and I had a great deal trouble from the kidney secretions.

When a friend recommended Doan'g Kidney. Pills to me, I got EL supply from the BobbittWynne Drug Co, and used them according to directions. They gave me relief at once and containued use improved my condition in every way." (Statement given January 30, 1908.) Confirmed Proof. Mrs. Moore was interviewed on December 2, 1910, and she said: "I value Doan's Kidney Pills as highly as ever and can still recommer.d them.

I have had no need of a kidney medicine during the past three years." For sale by all dealers. Price 50 cents. Foster-Milburn Buffalo, New York, sole agents for the United States. Remember the name--Doan's--and take no other. COL.

OLD MEXICO Most People Are in Sympathy With Insurrectionists He Visited Senor Francisco Gonzales Trevino, Who Was in Raleigh Last Year--The insurrectionists Are Not Pillagers But Take Only Ammunition. Col. Fred. A. Olds, who early in February made some trips into Mexico, one of these being to the great estate or ranch of Senors Trevino 000 acres of irrigated land, hag told Francisco Gonzales Trevino has told that story in The News and Observer.

He did not tell, however, some of the adventures which befell him while on big automobile tour to this famous ranch, which the Spaniards call hacienda, the headquarters buildings, the Americans in the West ammunition. At the custom house being known as the hacienda. On the way some insurrectos were met, but they were very polite and had only one desire, it seemed, this being for ammunition. At the custo mhouse at the Mexican border brigadiergeneral of the Mexican army was found, with an escort of cavalry, he and they being in American automobiles, they, led the way across the semi-desert, going like the wind, and were followed by Colonel Olds and two or three friends who were his guests. Later the general and his escort were found at the hacindada of "San Carlos" (in other words.

the ranch house of St. Charles), that being the name of this noted estate, which is among the largest in Mexico, and on which the owners have spent milliong of dollars to secure irrigation and to equip it with the best kinds of farm machinery and stock. At the ranch house the general's escort took no chances, but mounted guard in all directione, this though no insurrectos were in sight. All this now becomes of interest because last Sunday a large band of insurrectos visited this ranch and in effect captured it. No doubt all they wanted was food, of which, of course, there was a great supply, great quantitles of corn, rice, being grown there.

General Trevino, one of the owners, is a near kinsman of Francisco Madero. who is the head of the Insurrectos, and Mr. Francisco Trevino, who visited Raleigh last November, is A cousin of Madero. On th's great estate there are over 1,500 men employed, and the equipment of buildings, machinery, is remarkable fine. The firm which put up the king cotton gin here last year is building two of these gins on this vast estate to handle the cotton grown from the North Carolina seed.

Colonel Olds had the pleasure of being the guest of Mr. Francisco Trevino at h's charming home in Monterey, one of the chief cities of Mexico, and found the home life in this cultured family to be of most delightful. He found that the insurrection in Mexico bad almost paralyzed that republic, And was assured by Americans who had lived there for years that they believed ninety per cent of the people were against the D'az government, which has been marked the sternest repression in many years. Many Inuuential people have their hearts set on a real republic, but, of course. the mass of insurreetos are the peons, or poor labore18, than whom few people are more held down.

Mexicans simply want a square deal and chance to own land and have some say-80 as to the government. As a matter of fact, in many methods Mexico 19 a thousand years behind the United States, for it has what may truly be termed "Lords and Serfs' today. Colonel Olds found Insurrectos were numerous near Monterey and they made a raid on a great smelting plant near that city directly after he had taken a look at it. An American in Monterey said he would not be surIrised to see the insurrectos capture that city, and now they are all around it. There are silent insurrectos militant ones, and would and, great many more of the latter if there were more arms and ammunition.

Raleigh's Y. M. C. A. Campaign Will Succeed.

(Greensboro Telegram.) The news from Raleigh indicates that the Y. M. C. A. campaign is go118 to prove a success.

More than one-third of the necessary sum of money wag ruised in two days. Some of the livelest and most progressive and most influential men of the capital are leading the campaign and they are working with the will which wins. Success in undoubtedly assured. One of Greensboro's leading citizens Wag honored by being called upon to help inaugurate the Y. M.

C. A. movement in Raleigh, and the other friends of the organization in this city are as deeply interested in Raleigh's success as Hon, Greensboro will rejoice with Raleigh when the announcement is made that $65,000 has been secured to give the capital city 8.10 organization and building to house the Young Mon's Christian sociation. RED LIGHT WOMEN LOSE THEIR CASES A New Phase of the Prohibition Law DECISIONS SUPREME COURT Women of Red Light District fu Raleigh Lose Hard Fight--Convicted in Three Courts--Many Decisions Handed Down by the Supreme Court Yesterday. The cases against the somewhat notorious Nancy Cotton and Marie, Turner of red light fame in Raleigh, were settled yesterday by the Supreme Court.

These women were first convicted in the police court under the vagrancy act of 1907, making the keepers and Inmates of disorderly houses, subject to the penalties imposed on vagrants. They appealed to the Court of Wake county and convicted and appealSuperiora ed to the Supreme Court. The Supreme Court by a per curiam decision affirms the sentence wh'ch contines them in the workhouse. Several ques. tions a8 to the competency of evidence of the character of the house they occupied being a disorderly house were raised on the appeal, but per curiam, there then discussion being, these questions in the opinion, the judgment being effirmed.

Another criminal case from Wake county which was decided is State vs. Denton for selling whiskey, The evidence was that a man named Hodge brought a basket filled with liquor bottles to Denton's house for the purpose of selling the liquor and later the presence of Denton and with his knowledge sold some of the whigkey. The trial judge instructed the jury that if the liquor was brought there for that purpose and sold with Denton's knowledge, in his presence and with his consent, he would be gu'lty 43 aiding and abetting the sale. Judge Brown who writes the opinion for the Supreme Court states that anyone who aids and abets in the commission of a misdemeanor is guilty as a principal and that it was not error for the trial judge to instruct the Jury in the manner he did. The other assignment of error was that some instructions were given the jury when the attorneys for the defendant were not present.

The Supreme Court states that when a jury asks for additional instructions, if the attorneys present, it must rest in the sound discretion of the trial judge whether they should be gent for, unless there is unusual reasons for sending for them. This is a power conferred upon the Superior Court judges under Rule 27 of the Superior Courts. Judge Hoke dissents in this case on the ground that there was not shown any participation by Denton in the sale. State ve. Faulk, Robeson County Reversed.

Clark, C. J. 1. Defendant was indicted under the common law for on a public highway. Defendant moved to quash on the the indictment should be under chapter 125, Laws 1908.

Motion granted and State appealed. Held, that at common law, it must be alleged that the offense was committed in the present of divers persons being then and there assembled and the acts were repeated 80 as to become an annoyance inof 1908 is not a substitute for the convenience to the public. mind act common law offense, but is a lesser degree of the same, the act providing that it shall be unlawful for any person to act in a disorderly manner by being drunk or using profane, obscene or boisterous language any public road in Robeson county. It was er- 1. Plaintiff leased a hotel in Goldsboro from Walters.

It was equipped with bath tubs, etc. It transpired after the' lease wag affected that the drainage was not connected with the city sewerage, but was a private drain running over the land of Borden. Borden cut the drain on his land and stopped it up, rendering the hotel unfit for use. A suit was brought against the city of Goidsboro, Waters and Borden. A.

nol pros was taken as to the city of Goldsboro and the case against Waters and Borden non-suited at close of plaintiff's ecidence. Held, that under the contract of lease, the implied covenant or quiet enjoyment extends to those easements and appurtenances whose use is necessary and essential to the enjoyment of the demised premises. But it Borden acted wrongfully and illegally ag alleged in the complaint he was trespasser and the Impled covenant of a quiet enjoyinent of a lessor does not to the acts of trespassers and wrongdoere. But if Borden's acts were rightful then there been a breach of such covenant unless the lessor Waters can make out a valid defense to that cause of action. The case is ed that the plaintiff may elect which cause of action he will prosecute, as each cause of action is destructive of recovery under the other.

ror to quash the indictment. Hugging v. Goldsboro, Wayne County. kemanded. Brown, J.

Lee V. Insurance Co. Harnett County. Affirmed. Clark, C.

J. 4. Three separate policies for $1,000 each were inued to Lee for insurance on a hotel in Dunn, the policies being payable to Godwin, co-plaintiff, as his interest as mortgagee on the property might appear. Later one of the companies issued 8 $3,000 policy as a substitute, which was accepted by Lee but container no clause making any part payable to Godwin. Lee accepted the policy but did not return the three policies before the hotel burned.

Godwin was not a party to the transaction whereby the one policy for $3,000 payable to Lee wag substituted for three one tlousand dollar policies. There was no suggestion of any fraud. Held, that upon these facts, Lee was entitled to recover on the $3,000 polley, and Godwin was entitled to have Judgment entered for one-third of his loss against each of the three original companies which shall be satisfied upon the payment of Lee to him of the amount due him of the $3,000 policy. Godwin is entitled to this as he bad no knowledge and did not assent to the release of the original companies. Supply Co, v.

Finch. New Hanover County. Reversed, Hoke, J. 1. Suit for amount due for goods sold ande delivered to Finch.

Judgment against Finch. The evidence disclosed that a draft had been sent to J. E. Person and he refused it, stating that received money due Finch and paid it on his order, but there was no sum in his possession to pay draft. The supply company wrote goods to Persons Finch that upon.

they Persons" had sold respon- the TRADE MARK REGISTERED, The Origin of Royster Fertilizers. Mr. Royster believed that success awaited the Manufacturer of Fertilizers who would place quality above other considerations. This was Mr. Roster's idea Twentyseven years ago and this is his idea to-day; the result has been that it requires Eight Factories to supply the demand for Royster Fertilizers.

F. S. ROYSTER GUANO COMPANY. FACTORIES AND SALES OFFICES. MACON, GA.

BALTIMORE, MD. I COLUMBUS, GA. NORFOLK. VA. TARBORO, N.

C. COLUMBIA, S. C. SPARTANBURG, S. C.

MONTGOMERY, ALA. sibility, and Persons answered 10th, 1906, that "just ag 800n as the dry kiln gets in operation I will see that your bill is paid." Because of this promise, suit WAS not brough! against Finch. Held, that there was a binding contract or guaranty on the part of Persons, the promise not to bring suit for a definite time on a valid claim constituting a sufficient consideration for a guaranty. Miller v. Railroad.

Wayne County. Affirmed. Brown, J. 1. Demurrer to complaint overruled.

Complaint alleged that injury was received in Virginia. Demurrer attempts to raise the issue that no recovery would be sustained in Virginia. Held, that the issue cannot be raised by demurrer, but must be raised by answer and the burden of proof is on the defendant to show that plaintiff is not entitled to recover. Mills V. Hosiery Co.

Lenoir County. Modified. Alien, J. 1. Suit for breach of contract and for balance of purchase price for goods delivered under contract.

Defendant filed counter olaim. Jury found no damages for either party for breach of contract and plaintiff for amount of goods delivered. Defendant taxed with costs only of cause of ard quality. Plaintiff moved for judgment. Held, that under the statute, all legal costs should have been taxed against the defendant 8g the plaintiff recovered.

2. Defendant admitted in his answer that that had received 18,000 pounds of the yarn upon the promise that the remainder would be of ard uality. Plaintiff moved for ment that the defendant could not refuse to receive balance of yarn because of defects in that delivered. Held, that motion was property denied dence of the defendant that the plaintiff to establish performance of the contract on his part which was denied by the answer. 3.

Held, that correspondence between another mill and the plaintiff complaining of the yarn WAg competent and corroborative of the evidence the defendant that the plaintiff was marnfacturing defective yarn and as contradictory of the plaintiff's statement aS to the kind of yarn manufactured. Exum V. Railroad. Edgecombe county. Affirmed.

Brown, J. 1. Sult for damages for negligently killing plaintiff Intestate. Motion to non-suit granted. The evidence disclosed that the intestate was going to his work in the shops of the defendant, was a man of 34 years of age, in sound bodily condition, was on the main line the railroad, knew the schedules of the trains, the right of way along and between the tracks was used as a walkway by employes, the regular shop train ran over and killed him.

Held, that the motion for a non-suit was properly granted. The duty of the plaintiff's intestate, whether a licensee or trespasser, to keep a vigilant look out. If injured while on the tracks, it is imputed to his negligence, unless there is some bodily infirmity. Clark, C. dissenting.

The bare fact that the intestate was walking on the track of the railroad in corporate limits does not, as a matter of law, give the defendant the right to kill him. Whether it is excusable and whether the defendant's engineer by keep ng a proper lookout, could not have avoided injury and his negligence was not the proximate cause of the killing is a matter which should have been passed on by the jury. The opinions handed down yesterday were as follows: Person vs. Person. from Franklin, affirmed.

Exum v9. A. C. L. Railroad, from Edgecombe, affirmed.

Standard Supply Co. vs. Finch Person, from New Hanover, reversed. Summit Silk vs. Kinston Spinning from Lenoir, no error.

Hardy. Vs. Aetna Life Ins. from Lenoir, no error. Kinston Cotton Mille ve.

Rocky Mount Hosiery from Lenoir, modified and affirmed, costs against dofendant. State v8. Thomas Denton, from Wake, no error. Miller V8. A.

C. L. Railroad from Wayne, affirmed. Huggins vs. City of Goldsboro, from Wayne, remanded: costs divided between plaintiff and defendants Waters and Lee Godwin Vs.

New Hampshire Fire Ing. from Harnett, mod'fied and affirmed; costs against appellant. State v9. Faulk, from reversed. Bowen V8.

Perkins, from Columbus, new trial. Currie vs. Gilchrist, from Scotland, dismissed for failure to file brief. Goodwin vs. Norfolk Southern Railroad Shading vs.

from Goldsboro Wake, from Wayne, affirmed. State Nancy Cotton, from Wake. affirmed. State Vs. Marie Turner, from Wake, affirmed.

Ste'nmetz vs. Kilpatrick, from Dup. lin, affirmed. NARROW ESCAPE FROM FLAMES. The Home of A.

J. Thompson Destroyed by Fire--Adjoining dence Burned. (Special to News and Observer.) Kinston, March 29-Mr. A. J.

Thompson and family had a narrow escape from being burned death in the fire which destroyed their home. Mr. Cliff Moore, who was sleeping in an adjoining residence, had a similar experience. The fire had made such headway when Mr. Thompson awoke that he barely had time to get himself and family out before the roof and walls fell in.

The firemen responded quickly to the alarm, but the fire had made such headway that neither of the buildings could be saved. Mr. Thompson carr'ed only $800 insurance. The other residence was owned by Mr. 11, J.

Barnes and was not insured. Death of an Infant. (Special to News and Observer.) Wilmington, March MeLaurin Mills, the 18-months-old daughter of Mr. and Mrs. Clarence W.

"Mills, died at 12:30 o'clock yesterday, morning, after a brief illness, of bronchial pneumonia. Mrs. McLaurin, wife of former United States Senator MeLaurin, of Bennettsville, S. mother of Mrs. Mills, was with her when the sad death occurred.

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