Watauga Democrat. (Boone, Watauga County, N.C.) 1888-current, May 17, 1923, Image 1
m A Non-Partisan Family Is* VOLUME XXXIV PROVISION OF THE DRY LAW IS j DECLARED VOID 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' proper." 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 poses. "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; intoxicating liquors. "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 BOONE, MRS. FLORA STUART. WIDOW OF CONFEDERATE CAVALLIER, DIES AT HOME IN VIRGINIA Mrs. Flora Stuart, widow of th?renowned Confederate cavalryman. 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 in battle. 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 phases. 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 Cooke. 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 of battle. 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 passed away. 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 City. Willie's mother was remonstrating with him for fighting. "Well, he hit me first," declared Willie. "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 Willie.?The Logician. titan 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 COMPLETED 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 i Mechanics. 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 artistic proportion. 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 flagpole. a Utei 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 Observer. 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 MACHINERY 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 together. "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 (Chicago). 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. mocr orthwestern North Carol'] 23 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 oflice. "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. TOWN SANITATION 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-. trrapher. j Virginia Valli ' 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. at na. Established in I 888 NUMBER 29 SIX MILLION NEXT YEAR FOR HIGHWAYS 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 today. 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 automobile thefts. 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 :sor.~-Raleigh Dispatch. STANDARD OIL OF N Y. EARNES 19 MILLIONS 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 A SUICIDE 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 11. 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.