THE FRANKLIN TIMES
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Foreign Advertising Representative
THE AMERICAN PRESS ASSOCIATION
Entered at the Post Office at Loula
karg, N. C-, a* second class matter.
It has been charged that the editor
i wt the TIMES is not a citizen of Louis
burg. His town taxes is around $140
per year. Be pays the price the same
as other*.
11 you have an employee to do cer
tnJa work and he don't do it, is it
economy to replace him with some
<dne who will do the wort or employ
am additional person to do it at extra
HJ __
Automobilist will read with much
interest and concern the announce
ment of the strict enforcement of the
automobile laws by Mayor Joyner and
Chief Meadows in another column.
This is the right step in the right di
re* tion.
Wake County Commissioners will
no* agree to Got. Morrisons appeal
to do away with the lash in the Con
vict camp. We see no reason why
eonvict camps should be made havens
of rest and pleasure for the evil doers
at Ike expense of the public.
Siace the citizens ot Ijoulsburg
have to pay a good price for lights
and water and taxes, and since the
Commissioners hare provided anoth
er man to assist in the collection,
why shouldn't they be required to call
so the customers like the town - re
quires its creditors to call oa it.
Jho doubt the sixty-seven salts
against the Co-operative A.'-soo'ations
from Pitt County will be watched with
interest, by many. Those thoroughly
? loyal howevwj will lose noslefp rtrar
the matter as they believe the Asso
ciations are right, both in princlpol
and practice, and will be upheld in
Cowt. , .?A*
The information that Judge John
H. Kerr, of Warrenton, will oe an as
pirant for Congress to succeed the
late Hon. Claude Kitchln is received
here with much pleasure and with
much regret. We are glad to knos
that such a capable gentleman is al
lowing himself to be put forward for
this important position and we feel
satisfied that he will take up the work
and press on to the goal with fitting
honors after such a successful, effic
ient and much appreciated predeces
sor. The only regret that we have is
that we had hoped be would enter the
race for the Governorship of North
Carolina and become our next Gover
nor. Judge Kerr is. the right man to
succeed Hon. Claude Kitchin and his
district will do itself honor to ?ive to
him a unanimous Vote.
The decision of Hon. John Sprunt
Hill to approve the Creedmoore routs
from Oxford to Durham instead of
the Stem route is to be commended
as an exceptional business decision
that will take nothing from the sec
tion served by the St?m route aud add
all to the territory servea by the
Creedmoore route. The position of
the advocates of the Stem route, in
asking the Commission to tear i>p and
do away with an already good road
just to get the Highway to locate a
state road in its stead, when there is
another section without roads and a
good road Is a necessity, appears to
be unfriendly. Inconsiderate and cer
tainly extravagant and without the
exercise of the otherwise good busi
ness Judgment these gentUmen usual
ly use. Mr. Hill is right !n his decis
ion, which fciil not only give the peo
ple of Granville and Durham counties
an additional road, and will be the
means of saving the Investment al
ready made in the good road by Stem,
but will give an outlet to the people
I? eastern North Carolina to the West
at a saving of around thirty miles.
Connection from the highway by Ijou
lsburg and Frankliiton can be mad?*
over Franklinton townships good
roads and a Rhort stretch In Granville,
making a big saving to those who
-Wish to travel that tray. The High
way Commission should stand pat
.Mb Mr. Hill.
NO MALICE
M We know It Is useless for us to
stats to the general public that we
war* prompted In our editorial last
week concerning certain actions of
ths Town Commissioners <4 Ixatils
btf| by no malicious or Improper mo
un Whatever, but to those who saw
It to criticise us In that light we
MM say that there Is not a member
of th? City administration that we
ktn not the vary beat personal feel
lags Tor and with whom we are ea
paalally friendly. However, for the
tNMftt ot those who see- It dtCareotly,
W? are running a aewspa
?? of tha greatest and moat
duties ot any newspaper Is
anything In tha interest
to. Our criticisms of the
of loral officers la tor two pur
*? First wa tad that *oat aay
set of man la thla country want to do
what to rt?h) and la aooordasee wit
and to theae tt to oaly * SMtter
Mother of Three, Honor Barnard Graduate
?i ? ? m m -*
- JV^icn C jy. of Newark. N. J . has Ju>t received the A B. degree at Barnard College and*
? tn -n languages. While going through college abe cared for her house and her three
to nghU. Jchr.wK?ch^fd and Kathcnne. -
of calling their attention to the irreg
ularity that they may correct it b?
fore it brings about embarrassra?nt.
Second If the persons in charge are
determined to do as they please re
gardless of law and right. It is our
purpose to show up their acts lhat
the pnblic and the Co'irts may take a
hand in the publics Interests. It Is
often very embarrassing to us to hare
to criticise, owing to the fr-et that It
Involves some of our closest friends.
But when we consider It o ir duty to
do so we recognize neither positions
social or financial. We propose
to pursue our course in what we think
Is right. If In doing so we should
mistreat any one w? will gladly make
corrections, if the matter is called to
our attention. We want to be square
with everybody, but our trst duty is
to the public.
SUPREME COUBT SAYS NO
The following case State ts. En
gene Williams, was appealed from a
decision of Judge Furgurson. from
Craven county and filed the 21st day
of September, 1J10. It cites the act,
which Is now Section 4388 in the R?
visal. The records Volume 153 N. C.
reports reads:
This is an indictment under sec.
8572 now 4388 of Reriaal C. S. as fol
lows: "If any person, appointed or
elected a commissioner or director to
discharge any trust wherein the State
or any county, city or town may be in
any manner interested, shall become
an undertaker, or make any contract
for his own benafit. under such au
thority. or be in any manner concern
ed or interested in making such con
tract, or In the profits thereof, either
priTately or openly, singly or Jointly
with another, he shall be suilty of a
misdemeanor." There was a special
verdict at March Term. 1910. of the
Superior Court of CraTen County, his
Honor. Judge Ferguson, presiding.
SPECIAL VERDICT
The jurors being duly sworn and
empaneled to try the issue between
the State and defendant, Eugene Wil
liams, finds the following special ver
dict. to- wit:
1 At the times hereinafter named
the defendant. Eugene Williams, was
a member of the board of aldermen
of the city of New Bern.
2. At said times H. P. Willis was
the practical engineer in charge of
the machinery supplying electric light
and water to the city of New Bern,
which plant was owned by the city of
New Bern.
3. That Thomas F. McCarthy was
at caid times the chairman of the ?om
mittee of the board of aldermen of
the city of New Bern haTlng super
vision of said electric light and wa
ter plant.
4. That during the month of July
said H. P. Willis, by authority of said
Thomas F. McCarthy, sent an order
to the New Bern Iron Works. Inc.. for
supplies necessary for the operation
of said plant amounting to $75.S3, a
portion of which manufactured to or
der and could be manufactured ? and
supplied by no other concern in or
rear the city of New Bern except by
the New Bern Iron Works. Inc.
5. That at the times hereinafter
mention siid Eugene Williams had
I-urcbesed of W. A. Mcintosh stock in
the New Bern Iron Works. Inc.. on
credit and had hypothecated said
stock to W. A. Mcintosh for the pur
chase money thereof, but received
profits whenever any were declared
and that in said bill furnished the
city a profit was charged.
6. That said Eugene Williams was
a director and president of the com
pany, but his duties in connection
with th^ company were simply to act
as head of the mechanical department
of the shop.
7. That W. A. Mcintosh owned part
of the stock of the corporation and
held all the balance *f the. stock as
collateral security and was the gen
eral manager of the company, and
had full control and direction of Its
business, and C. M. Kehoe was book
keeper of said company, and was un
der the direction and control of W.
A. Mcintosh.
8. That at the August meeting. 1S09
of the board of aldermen of the city
of New Bern, C. U. Kehoe. said book
keeper by the direction of W. A. Mc
Ialosh, presented said bill for sop
piles to the clerk of the board, who
passed the same, which had already
been approved by Thomas T. McCar
thy, chairman of the watar and light
committee, to H. M. Orovea chairman
of the finance committee, and said H
M Groves approved the same.
9. That said bill so approved was
presented to the board of aldermen,
and said Eocene Williams bring pres
mt at the meeting runntM the board
to excuse him from voting, and be was
excused by the boa id, gad the remain
ing members of the board approved
the bill and Issued aa order therefor
which has not yet been paid.
10. That said Ragene Williams has
had nothing else to do with the trans
action except aa b?rataaltar aat oat,
neither as aa officer or stockholder
of the New Bern Iron Works, Inc.,
uor as an alderman of the city of New
Bern, and he has had no corrupt in
tention In connection with the mat
ter.
If ui>On the foregoing facts the
court is of the opinion that the de
fendant is guilty, the jury finds hin.
fiilitr: and if upon *aid facts tho
court is of the opinion that the defen
dant is not guilty, the jury finds him
tot guilty.
The court being of opinion upon
special verdict so found by the jury
that the defendant is guilty and so
adjudges, thereupon it is considered
by the court that the defendant pay a
Sine of one dollar and costs of the
prosecution.
G. S. FERGUSON,
Judge Pi OBiding.
From Judgment of guilty the defen
dant appealed.
Brown, J., after statiag the case.
This section of the Revtsal Is sub
stantially the same as the act of 1825,
which has been in force since that
trme, but so far as we hare beem able
to learn this Court has never beet
called upon to ccnetrue its provisions
Whether the law has been scrupu
lously obeyed or has gone Into "lti
noruous desuetude" is a matter of
conjecture. The defendant contends
that the proper construction of the
act requires that the defendant must
hare been appointed or elected a com
missioner or director to discharge- a
public trust, and then In the course
of sueh public authority have made ?
contract for his own benefit; that,
according to the verdict, the defend
ant took no part In the making of the
half of the city, or in paying for the
work done, nor did he take any part
In the making of the contract la be
half of the New Bern Iron Works and
Supply Company, of which company
he >n a stockholder and president;
that the defendant could not contro'
the business of the corporation, Bfifi
that his entire duty in the manage
ment of the corporation was to act ZK
head of the mechanical department
of the shops
While we are glad to concede that
there Is no evidence of moral turpi
tude upon the part of the defendant
we cannot concur with his counsel
that a finding to that eft* ct is neces
sary to conviction, and that the act
does not extend to an officer of a
corporation, when the dealing is be
tween the corporation and the munic
ipality.
It is true that in People v. Mayer,
84 N. Y. Supp., 817, the Supreme
Court of New York City sustained
the last contention, in consequence of
which decision the General Assembly
of New York amended the law of that
State so as to inciude dealings be
tween corporations whose officers, di
lectors or stockholders were munici
pal officers.
! The judgment wps rendered at
I special term of the Supreme Court, a
nisi prius court, by Judge Bischaff,
and not by the appelate division or by
a court of last resort.
We are not impressed with the rea
soning of the opinion, and do not re
gard It u a very persuasive authori
ty
This law was enacted to enforce a
well-recognlred and salutary princi
ple. both of the moral law and of pub
lic policy, that he who ih -entrustefl
with the business of others cannot
be allowed to make such business an
object of pecuniary profit to himself.
This rule has Its foundation in
scriptural fichlng, that no man can
serve two masters, and is recogulred
aud enforced in nearly all well-gov
erned countries. As Is said by J-id'o
Dillon r "The application of the tule
may in some Instances appear to bear
hard upon Individuals who have com
mitted no moral wrong; but it Is es-*
sential to the keeping of all parties
filling a fiduciary character to their
duty, to preserve the rule In Its in
tegrity. and to apply It to every case
wh'ch justly falls within Its princi
ple." Dillon's Municipal Corpora
tion*. Vol. 1, E Ed., sec. 1?
We are not prepart-d now to hold
nor Is It necessary to decide, that tho
statute would rever the case of a
u.ere stockholder in a co-poration,
t\at sold goods or did work for a mu
nicipality of which he was an officer,
?when the stockholder had no know
ledge whatever of tine transaction And
possibly could not prevent it. but we
are of opinion that ft is broad enoi rh
lb Include within Ita *corc this de
fendant under the ben found
He vu more than t mere stock
holder who had no part In the mio
agement of the corporation. He was
It* president and director, and acted
as the head and manager of the "me
chanical department of the ?hop.*'
It waa this department that mnst
have manufactured that portion <4
the articles which cotfld be msftiufar
tured and supplied by no other con
cern In New Bern.
Whether the defendant had actual
knowledge of the transaction Is Im
material. Occupying the official po
iltloma he held in the corporate body
and In Its working department, th
law will hold him to a knowledge of
Jta transactions with the etty of which
he was an alderman. The tact that
he retired from the meeting when the
board of aldemien audited and paid
the bill does not change the charac
t r of the transaction.
Nor is it necessztryno show that de
fendant directly profited by the con
tract. In Doll r. State, 15 N. E., 293,
it is held that: "To become go Inter
ested in the contract, it is not neces
sary that ho make profits on the same.
But it Is sufficient if, while acting as
such officer, he sell the property to
the city for Its use, or is personally
ii rereated In the proceeds of the con
tract of sale, and received the same,
or part thereof, or has some pecuniary
interest or share In the contract."
A case directly in p^lnt is Com. ?.
De Camp, 35 At. Rep., 601, where It
is held: 'The secretary, who Is a
stockholder of a corporation having
a contract for the lighting of a city,
is within the prohibition of Crime*
Act. 1850, sec. 66. prohibiting any
councilman from b.?ing Interested in
any contract with the city, though he
was elected councilman after the exe
cution of the contract." Upon the
special verdict the defendant waa
properly adjudged guilty.
I Affirmed.
With farther bearing upon the ques
tion herein Involved we quote Section
33 of the Charter of the Town of
LouUburg of 1899, Chapter 243 which
reads: "That the Commissioners, a'
their first meeting after their election,
shall appoint a Clerk and treasurer,
T ho shall respectively hold their of
fces during the official term of the
Commissioners, who appointed them,
subject, however, to be removed at
their stead far misbehavior or neg
lect in office. Before acting the per
son or persons holding said office
shall be s*orn to the faithful dis
charge of his duty, and shall execute
a bond, payable to the town of Louis
burg. in such sum as the Commis
sioners shall designate." This is
quoted to show that the Charter does
not give the Commissioners power to
appoint one of their number to office.
But we find by a further perusal of
the Charter that at the time it was
drawn there was special precautions
thrown about the Board of Town Com
missioners of Louisburg to prevent
them from contracting In any manner
with themselves. Section 55 reads;
"That no Mayor or Commissioners, or
ether officers of the town govern
ment, shall directly or indirectly be
come a contractor for work to be
done by the town, and any person
herein offending shall .be guilty of a
misdemeanor."
The question "has the town required
bonds of its officers handling the fl
nances of the town" has been asked
by some. We don't know, but pre
sume the men composing the Board
of Town Commissioners are too pfood
business men to overlook a feature
so important as this.
NOTICE!
Owing to the searcity of
Corn our Grist Mill will be
open only on Wednesdays and
Saturdays until Sept. 1st, 1923.
J. M. and W. H. ALLEN
6-29-2t
SAPLEVII.LE ITF*8
A? you haven't heard from us In a
long time we will send In a few items
from the city of Maplevllle.
Mis 3 Mable Sledge visited Miss
Cooper, of Loulsbnrg the past we?k.
Mrs. Era Perry has returned from
Rocky Mount hospital and la Improv
ing
Miss Lena Wester and Mr. Charlie
Leonard, of Cedar Rock, visited Miss
Pearl Driver Sunday afternoon.
Mr. Carter Jennings, Miss Pearl
Driver, Mr Henry Jennings. Mr. Vor
ton Driver, Miss Nannie Jennings and
Mr. Solomon Woodllef, and Miss Eth
el Jennings went hay riding Saturday
night
Mr. Henry Jennings spent Sunday
afternoon at Mr. J. J. Driver's.
Mr. Daniel Wester, of Margaret,
?pent Sunday afternoon at Mr. W. a
Jennings.
Miss Mable Sledge will leave us
soon far Reeky Mosul, where she will
take training to be a trained nurse.
Mi*, and Mrs. O. E. Allen spent Sun
day with Us sister, Mrs Annie Swan
son, of Hickory Rock.
Mrs. J. Fl Huff, or Cedar Rock,
?eat Saturday sight and 8unda?
with her mother, Mr*. J. J. Driver.
Mr. Carter J era tugs, of Cedar Rock
Saturday night with his people.
Jake Stalling!. Mr. Joe Wester,
?t Daniel Wester, Mr. Harrn Wray
and Mr. Hugh Wester were la. Ma
pHrvflle Satcfrday night.
Mr. Henry Jennings, of Louishurg,
is still hauling timber for Mr. R. R,
Mr. F. 8. Sledge, at Mhpleville, hat
?en sick tat we are clad to know
he fa ep and about bow. ft this
i the waste basket we will call
* rains. ft. W.
Get Your
Ice at A. S. Wiggs. Always prompt
anc?conrteous in attention and price
always right.] fA full line oi heavy
and famcy^ groceries at most reasona
ble prices. Give me a call. I will
appreciate your trade.
A. S. WIGGS
NASH STREET LOUISBURG, N. C.
To My Friends
and the Public
I am going to close oat what Casings and Tubes I
have on hand, 30x3 and 3Cx3% at eost. They have
advanced about 20 per eent since I bought so come
and get yours before they are gone. A foil line of
feed and provtiiorjs on fcxvd all the time. Am still
selling shoes cheap. Come to see me when in town.
An; always glad to see yon. ? ' i
Yours truiy; "" *-.x? *i";
J. W. PERRY
NASH STRMT LO-ISBUBQ, N 0.
The "Oxford Chase" Buggy
Highest grade material used in these buggies. The last
longer. Repair bills less. Ride easy, look good for years.
More service per dollar than any buggy you can buy.
Sold by H. C.TAYLOR
THE OLD HOME TOWN
BY STANLEY
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?e CAN <ser fr\& or-TXAT Socio ?xd v^fcw that Tu*n*c .-,kc?n I
tv?o t>A-f? aKt?*. He <?crr it. y^,, -y. >
rem first oua job wuntino I
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