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PROVISION OF THE DRY LAW IS j
Federal Judge Kr.ox today declared
unconstituitional the right of a
physician to prescribe for his patients
the provisions of the Volstead act j
and its amendments prohibiting the;
prescribing of more than a pint of j
spirituous liquor every 10 days.
By implication, he indicated his!
belief that a provision of the Harri-i
son anti-narcotic act, prohibiting phy- j
aicians from orescribint? ineroaaH I
doses of drugs to addicts under treat'
znent, also was unconstitutional for
the same reason. Counsel for Dr.:
Ernest S. Bishop, recently indicted
lor violation of the drug prescribing
limitation, announced they would j
apply for dismissal of the indictment.!
The decision in the liquor prescription
case was first blood for the
Association for the Protestation of
Constitutional Rights, and organization
?1 100 prominent physicians,1
who brought the suit through their
president. Dr. Samuel W. Lambert,
dean emeritus of the college of physicians
at Columbia university. Assistant
United State.-. Attorney Clark j
announced, however, tba tthe '-use j
would be rushed to the. United States!
supreme court for a finai decision,
and he would seek a stay of Judg'
Knox's decision in the meantime.
Dr. Lumberc filed his action in
November, 1922, claiming in effect
that Congress was usurping the functions
of the physician in limiting the
amount of liquor that might be prescribed
lo any one patient and asking
that the state prohibition director,
the interna! revenue department and
the United States attorney's otlice lie
restrained from molesting him in his}
avowed determination to ignore the
provision, which he declared illegal.
Judge Knox read a 3,000 worn decision
upholding his contentioi of
unconstitutionality and granting the |
injunction. , ?
Although, he said, the question of,
whether liquor is a valuable thera- f
peutic agent is so highly controversial
that a questionnire directed to
20,000 physicians had resulted in a \
51 to 49 vote- in favor of the use- of'
t liquor in certain cases, Congress it-1
self, "in the very legislation under j
attack" had recognized it as having
a legitimate medical use,
"The difficulty," he continued, "is
that having done so. Congress, without
reference to the quantity of li-!
quor actually required for the
proper treatment of a particular ail-;
men. and irrespective of the good
faith, judgment an dskill of the
physician in attendance, proceeds to
limit the amount to he prescribed to
not more than a pint within a pe-1
riod of 10 days.
"The ISth amendment was tie- j
signed to bring about the prohibi
tion of intoxicating liquor for he- i
verage purposes, and was not, 1
think, intended to put an end to the
use of liquor for purposes regarded ,
by those who proposed the amend-,
ment, and by many of the states j
that ratified it, as justifiable and'
Such uses, he said, included its
use for sacramental purposes, for
medical purposes and for industrial j
purposes, pointing out that no limit j
had been placed on the amount that i
might be used for sacremental pur-J
"Instead of manifesting thg same!
solicitude for the physical welibeing
of a person suffering from disease
that it evinced for the spiritual com-'
fort and welfare o fmembers of certain
religious sects," he continued
"Congress restricted in the manner
complained of the medicinal use of;
"If, as the complaint alleges, the!
administration to a patient of more
than the statutory quantity of liquor
is necessary for his relief from a
certain known ailment, the inability
of such patient to have his legitimate'
needs supplied means that he is subjected
to a prohibition that certainly
is not within the terms of the 18th
amendment," and which it easily may
be imagined, might subject him to
serious consequences, if not death
itself. While the exercise of regulatory
power in the interest of the
public at large frequently brings
about individual hardship, it is to be
recalled that one of the chief objects
is to preserve, and is not to jeopradise
and destroy the health of its citizens.
For this reason I feel that persons
are not to be deprived of hte
use, when required, of such medicines
as are proper and necessary for their
relief, unless authority for such deprivation
has expressly been conferred."
(Continued on page two)
Jewspaper Published in ai
MRS. FLORA STUART. WIDOW
OF CONFEDERATE CAVALLIER,
DIES AT HOME IN
Mrs. Flora Stuart, widow of th?renowned
General J. E. B. Stuart, and daugh-!
ter of Major General Phillips St.
George Cook, of the Union forces,!
died here late today at the home
of her son-ill-law, R. Page Waller.
.She was 88 years old.
While out walking Sunday, Mrs.'
f^tuart fell, sustaining a blow on
the head. Complications developed
and death resulted.
Mrs. Stuart had looked back on
nearly three score years of widowhood.
The priory of her husband,
the plumed cavalier of the Confederacy,
and marked today as the
greatest leader of cavalry America
has ever produced, has gained with
each passing year. She had been
his wife scarcely ten years when he*dashing
soldier husband was killed
Romance has been woven around
the courtship of the great. Confederate
cavalryman. Mrs. Stuart was
one of the most rbmatic figures in
Thomas Dixon's "The Man in Cray."
an historical novel of the civil war.
in which the glory of General Stuart
and the heroism of his beautiful
young wife are betrayed in striking
Major General Cooke, then a
colonel, was in command of Fort j
Riley when the territory of Kansas j
was opened. Lieutenant J. E. B.;
Stuart was in the regiment of
Colonel E. V. Sunnier, commanding
at Fort Leavenworth. One day news
was spread to Fort Leavenworth that
the prettiest girl in Kansas had come \
to Fort Riley from Virginia. Flora;
Cooke had dashed across the country j
from Harper's Ferry to visit her;
father. Lieutenant Stuart contrived
to be sent as a messenger tu. C *Kr'
Cooke, and there he met her. The
next day he returned to his post, and
got a brief leave of absence to visit
hf?r for .1 davs 13?? nvAnnai.1 .? ?.!
was accepted. He returned to j
Leavenworth to march with his regiment
against John Brown and his
insurrectionists on the Kansas plains.
Soon afterwards he married Flora j
At the outbreak of the war. i
Lieutenant Stuart resigned his com-1
mission* in the United States army!
and threw in his lot with Virginia, i
Colonel" Cooke, his daughter* then the]
mother of two sons, and her husband!
met in Washington, and the two
soldiers bade farewell, each with a
prayoi on his lips that they would
never meet in battle.
The young mother returned to her
home in northern Virginia to wait
and pray that her father and husband
would not cross swords out where the
war was raging. Time after time
as the conflict swept across northern
Virginia, she would follow on the
outskirts, and often she and her
husband would meet on the fringe
In the last two months of the war,
when the struggling armies of the
Confederacy were fighting with their
backs to the wall, and Stuart came
to bo one of the strong arms of the,
waning cause, he led his men one day ;
in a dash around the kings of the j
opposing forces. Suddenly a blue j
uniformed cavalryman, whose horse j
had been shot under him in the tempestous
light, blazed away at General \
Stuart with a revolver. The bul-j
let tore a gash wound in the gene-j
ral's breast. He was taken to
Richmond. A message was *ent to
his wife, but while she was hastening ;
to his side over interminable miles;
that lay between, the plumed cavalier j
At the close of the war, the gal-j
lant Cavalryman's widow bravely:
turned her face from the past to the
future. She established a fashionable
schools for girls at Staunton, and
most of her pupils were daughters of
uontederate soldiers of Virginia and
other southern states. She had resided
here with her son-in-law, R.
Page Waller, for 30 years. Her only
surviving son is Captain J. E. B.
Stuart, U. S. A., retired, New York
Willie's mother was remonstrating
with him for fighting.
"Well, he hit me first," declared
"But the Bible tells you to turn the
other cheek," she suggested.
"Yes, but he hit me on the nose,
and it's the only one I've got," replied
id for Boone and WntaugJ
WATAUCA COUNTY. NORTH C/
BEST ROUTE WILL B1
ACTUAL WORK W1
ON LOST PROVI
Raleigh. N. C. May 1 I.
Engaging a group of engi- j
r?eers, the "lost Provinces"
railroad commission sot to work
in earnest today to select the
best route for the new road j
which it proposes to build with
the $10,000,000 bond issue au- j
thorized by the last general assembly.
With all members of the com- I
mission present except O. Max.
Gardner, a thorough survey of
a half dozen routes through the
northwestern counties was
agreed upon. Frank T. Miller,
of Greensboro, was engaged as
chief field engineer, and with
him will work two consulting
engineers, while three separate
corps of engineers will go into
the territory within a few weeks
Colonel Beneham Cameron
was selected as chairman of the
commission, and C. L>. Brad ham
as secretary. An exclusive committee
to have direct supervision
of the survey work is composed
<>f Colonel Cameron. Representative
Tain Bowie and Senator
W. C. Heath.
$50,000 has been provided by
the general assembly for the
survey an dother undertakings
preliminary to the inaugurations
of plans for actual con- ;
struction work. With this money
the commission will make its in- ,
vestigation of routes complete.
"And the best route will be
chosen irrespective of anyone's j
county," declared Representative
Bowie, father of the railroad
bill, thereby placing his j
own county of Ashe on the J
merit system in bidding for the |road.
Three routes were recommended
by the original commission
that investigated the feasibility
of the undertaking. The
LAST LINK IN 6.500-MILE HIGHWAY
With the official opening of the
Banff-Windermere Highway in the
tanadian Rockies scheduled for the
near future, the last link in a. 6,H0'
mile chain of senic roadway will
ha .t been welded into place, making
an unbroken circuit from California
to Canada and return. It passv
through Grand Canon Park, Yellow
stone National Park. Glacier Pari;
and .he Shuswap Indian Reserve ii
wes:om Canada, and tr verses part
of a most jsictu.VMpK country. Fron.
Mac.eod, in southeastern Alberta, a
* recta ngula 1" route can be co v.v.
including the beautiful 93-mile link
from Banff to Windermere, just compieteu.
k nc side of the reetagk; m;
north Jtrc.v Macleou, crossing nwiy
streams, through Parkland and 2h?driaporc
io Calgarv. Here the roue
????? cs a vm-'nc tun; i??
gen al wes--? i ci.KfOn toward tV.
wjrderf*.' country surrounding: Bs? nT
After leaving this latter town the
road soon begins to run south, ascending
steadily past Sinclair Pass,
which divides the Briseo and Stan
ford ranges. Vermilion Pass, tliv
highest point on the trip, is just
ahead with an altitude of 5,376 feet
The fourth, or southerly side of the
rectangle begins after Fort Steele i
passed, near Elko. Here the highway!
swings sharply to the north, as it it
| had iost its sense of direction, but,!
recovering at Mitchel, it turns east
I making a sharp "corner" again at
Pincher. and reentering Macleod, the;
starting point, from the. southwest.
| Every part of this 567-mile circui
passes through regions of great na-|
tural beauty, and the motorist can
I not but feel well rewarded after
! making the round trip.?Popular
PLANS TO SHORTEN OUR FLAG
TO GET BETTER PROPROTION
The American flag is too long in
proportion to its width to be artistic,
and a reduction of . 12.1 per cent in
the length of the present standard
size has been decided to be the most
In consultation with a committee
of government officials appointed for
the standardization of the flag, the
commission decided on a ratio of 1.67
to 1 instead of the present 1.90 to 1.
The decision was reached through
tests of various sized flags flown
from the Arlington Amphitheatre
i County, the Leader of N
VROLINA. THURSDAY MAY 17, 19
E CHOSEN AND
ILL START EARLY
NCE RAILROAD LINE
present commission, that composed
of the old, with Senator
Lunsford Long and O. Max 1
Gardner as added members, will !
not confine its survey to this
trio, however, but will go over
the whole territory of the road.
Two consulting engineers were
invited to assist the commission
and field forces, but in the absence
of letters of acceptance 1
their names were not given out.
Th' personnel of the three engineering
corps will be selected
by the commission with the
advice of Chief Engineer Miller.
?By Brock Barkley, In Charlotte
RAILROAD OFFERS TO
LEASE PROPOSED ROAD
Ra.eigh, May 14.? (By the
A- *.-iated Press.)?Consideration
?>f a tentative offer from j |
a large railroad e an pans to ; |
lease and operate the proposed j ,
wned railway through the
provinces" of North Carolina:
-lection of two consulting
engineers to survey proposed
ro.r.-s and the reading of com- i
niuaications from prominent ;
; - r s endorsing the uroiect.
were the chief developments of
today's session of the "lost I
provinces" railroad commission,
it was announced.
The name, of the railroad
making the tentative offer was
not revealed by the commission;
neither won the names of the
consulting engineers. W. VV.
Davies and K. W. Bingham, who ,
married Mrs. H. M. Flagler, ,
widow of the railroad magnate, }
and General Kaldoman, coramander
of the United Confederate
veterans, all of Louisville,
Ky.. wen- said to be among
those favoring the establishment
of the railroad.
MARIAN THOMAS APPOINTED
U. S. DEPUTY COLLECTOR
As most of our readers know, Mr.,
.1. F, Rohbins, who for a long while!
served as U. F. Deputy Collector of]
Internal Revenue, in this division, ,
handed in his resignation some time
ago. There were, we understand,
- veral aspirants Cor this position,
but Marion Thomas, of Mabel, was
the one who got the appointment. He
took the oath of ell tee on Monday,
and yesterday morning passed
through enroute to Winston-Salem.!
here h?* will take up his work.
Thomas is a good business man, ami
i- well fitted lor the work h? haundertaken.
He enjoys the regulation
of being one of the leading j
iblic school teachers in the county.':
1 o:.v.ratulations. Marion.
AFRICAN FARMERS WRECK
The introduction of modern farming
methods and implements into
South Africa has done a great deal to
advance agriculture, according to the
national institute of progress farni.ng,
but American farm machinery
for use of the African continent
needs to be '"built like a battle-ship*'
to withstand the rigors of South African
life and the temperament of
habit sometimes to yoke 16 head to
two the native laborer.
Oxen also are an enemy. It is the
furrow gang plows, and the animals
ire untamed and unsteady in work.ng
"The native laborers are danger-'
ous t omachinery," an official of the
i m?i,iLuie says, lor nowcver good|
natured and willing these 'boys' may
i appear one never can tell when they
suddenly may decide to take a vacaj
tion or determine upon some childish
! prank. The 'boys' on a certain farm
j may take a dislike to a certain imj
plement. If they make up their
, minds not to work with it, the farmj
er is obliged to change cither his j
implement or his help."
"Most wage-earners," says Roger
Babson, "spend all they get." It
wouldn't be so bad if they also earned
all they get.?American Lumberman
A New York man has eaten nearly
nir.e pounds of stake at one sitting.
A Cleveland girl danced for more
than fifty hours. Gee! We wish we
could do something great like that!
?National Editorial Bureau (Asbury
Park, N. J.
orthwestern North Carol']
NEW AUTOMOBILE REGISTRAriON
LAW FOR STATE
W. X. Everett, secretary of State I
is ma!;.ng preparations for the oper-'
ation of a new autoniobib- regis-]
tratior law which goes into eiYect J
October 1. 1923, passed by the re-!
cent North Carolina General Assem-f
bly, and will send Joe Sawyer, chief
clerk of the license department, to!
Michigan to study a similar law already
in force ir. that State. i
Mr. Everett recently returned!
irvm Mt-nmona. va., v.nere ne studied
the registration lav. there and i
the methods employed in the administration
"I learned much of interest in eonneetUT.
with the law and its operation
there," he said, "but I believe i
we wi i have to use somewhat diffcreni
Methods in North Caroiina. In i
order to obtain the best possible informal:*'
. on the subject, we intend j
to study methods employed in sever-1
;tl otlu r States which have the law.
"1 believe the new law will result! <
in 4! creasing the numb? of auto-!
tnoi>: - thefts and will establish definite
> . M-rship of aulomol.ii After
thi fust registrations, which will'
begin in October, we expect to have!
no trouble in enforcing the ne wait.
Its provision requiring a r; cord of
;il! automobile sales and the issuance
of registration certificates will end a
number of thefts that have been!
practiced in the past."
Arrangements have been cotnplct -1
t*?l for the summer rush far automobile
licenses. The sales are expect-1
iui to start between dune j and Julyj
1. swamping thi department for aj'
period of sixty or ninct> days.
THE ROAD MEETING
The meetinir of the Board of I i
County Commissioners tin Monday, i
For the* purpose of transacting busi-j;
uess relative to the roads of the j
county, was very largely attended,'
delegates from many of the town- |
>hip? being present to press their
I'iaims for help on their neglected',
roads. The Board appropriated the]
supplemented $50,000 to the townships
that have had no help from the ,
original bond issue, an dit is their;
intention to press the work all over
the county just as rapidly as possible.
Th?. <?ener?J sanitary cor.diticnr c.f;
Lhe town seem to be good, but there
are exceptions. Some things still exist
that should not he tolerated, and
those- lvf-poi::"-ie -hou?d look after
existing vdirions before the arrival
of the iSi.v.t Health * r, which will
K in :! future. v ,
1 lu > colored pi i.pie work bet-;
ter whvt. iin*v? are ^iii^ing". ami we
suppose ih ?vir..vr sum must haw the;
ame eif- n: the averagx steuo-.
' After being educated in a convent,
Virginia Valli began her stage career
with a stock oompany, following whloh
fhe decided she wished to play in the
movies*. On her first application In
Hollywood she was given a small pert.
Boon afterwards she was promoted to
'trrtf Her rise to stardom it known
to leer theueande of admirers.
na. Established in I 888
SIX MILLION NEXT YEAR FOR
Approximately $6,000,000 will be
available for highway construction
supervision in North Carolina next
year through automobile and gasoline
taxes, as compared with about
$3,200,000 the last fiscal year, W.
N. Everett, secretary of state, announced
The estimate was made for the
secretary by J. K. Sawyer, motor supervisor.
From automobile licenses,
Mr. Sawyer expects $3,250.00; from
gasoline tax, $2,500,000 and from
registration of car fees, which goes
into operation soon for the first time
in this state, $250,000. The regis
waviun k-vrnue win dc; available lor
police supervision of highways, enforcement.
of the law and investigating
From July. 1 it22. to May i, 1923,
Mr. Sawyer has collected ?2.917.582
in automobile taxes and SI401,072.119
in gasoline taxes. Mi. Everett stated
he expected to collect the taxes
this year at a cost of within two per
' ' nt although the lav. allows 10 per
cent. (Hit of the large amount of
money spent by Xorth Carolinians
for automobile licenses, the department
has only S'99-i in bad checks at
present, aa unusual record in the
opinion of the secretary and the supcrv
STANDARD OIL OF N Y. EARNES
New York, May II.?The Standard
Oil Company, of New York,
earned net profits in 1022 of $19,.43-1,734
as compared with $9,698,
72 in 1921 and $39,405,631 in 1920,
it was announced tonight.
The corporation increased its capitalization
from $75,000,000 to $225.[>00,000
in November, 1921, by issuance
of a 200 per cent stock dividend
und closed the year with a surplus of
$106,909,469 as compared with a
balance on hand January 1, 1922 of
$167,295,389. The net appreciation
of capital assets and investments during
the year is placed at $79,179,345.
In addition to the capital stock
distribution of $150,000,000 the corporation
paid cash dividends of $12,1)00,000.
JOHOSON CITY MAN EVIDENTLY
Circumstances surrounding the
death of Harry R. Parrott, for years
prominent in the hardware and automobile
business, point to the theory
of suicide. Members of his family
attracted by the sound of a shot
arly this morning rushed to hi? bed
room upstairs to find him lying on the
door partially dressed with a bullet
wound through the head. A ?S cali'
re it vo'ver vita one shell empty lay
w the floor nearby. The ball entering
tht right temple penetrated his
head and breaking a mirror in front
f which he stood dropped upon the
top of the dresser. He expired within
an half hour. The late Mr. Parrott
is survived bv his wife, two sons,
two daughters, of this city, George
Parrott, his brother of Roanoke, Va.,
and his sister. Miss Sally Parrovt of
Bristol, Tenn. No inquest has been
held.?Johnson City Chronical, May
Tuesday night a cold wave swept
over this section, followed by a small
snow and a hard freeze for the time
of year. All fruits .ami everything
that is up is killed, and it looks very
discouraging for the people in this
section, for the fruit crop is one of
the most, table crops in this
section.?Elk Park News.
NORTH CAROLINA'S NEW AUTO
TAGS ARE HERE
North Cardinals new automobile
plates have arrived and the numberswhich
will be .sold will reach 200,000.
There are five carloads in the
state's warehouse ready for the new
marking which begins in June. This
wiir be about 20.000 more than the
state has ever used and that may not
tag all of the machines which will
i he in use before the year ends.
The licenses and other taxes
growing out of the automobile business
will run beyond $6,000,000 for
j the year, according to Secretary W.
X. Everett, of the department of
I state. The increase of 2 cents on
gasoline and the natural growth of
the machine business will almost
double last year's $3,200,000, in the
judgment of Mr. Everett. All this
will help to pay off from the very
t start bonds which are issued for the
| new $15,000,000 construction.