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V'OLUMN LXVI.
? LOUISBURG, N. CAROLINA. FRIDAY, JUNE 28. JOSS
(SIXTEEN PAGES)
NUMBER 19
NO ELECTION SATURDAY
WHISKEY CONTROL
LAW HELD UNCON
STITUTIONAL
_____ f
Judge Williams, In Frank
lin Case, Holds County
Liquor Law Invalid In
Entirety ? Decision Hand
ed Down in Raleigh Tues
day Night
Judge Clawson L. Williams late
Tuesday nigbt enjoined the auth
orities of Franklin County from
holding their liquor election, set
for next Saturday, and from sell
ing liquor or doing anything else
authorized b> the hodge-podge
local liquor law, passed by the last
Oeneral Assembly during the
throes of a chaotic adjournment.
Judge Williams declared that
the law was Invalid in its entirety,
"contrary to the constitution and
void, anything done thereunder
is a nullity and the holding of an
election under its authority con
trary to the Constitution Is an
empty gesture."
" "Ex nihilo nihil fit.' " (From
nothing nothing can be made.)
It was late Tuesday night be
fore Judge Williams completed
his study and the writing of his
opinion. The first part of his rul
ing affirmed the right of the tax
payers of Franklin County to seek
an Injunction against the election
as well as the act of selling liquor,
on the ground tax money was
about to be spent in an uncon
stitutional manner.
He then found the "Pasquotank
Liquor Act," which concerns IS
counties of the State, unconstitu
tional on three major grounds:
1. The credit and faith of the
county was pledged by an act
which was not read on three sepa
rate days In each branch of the
Legislature and passed by an
"aye" and "no" vote. (It was this
ground that Judge J. Paul Frlz
zelle restrained New Hanover and
Greene counties from going into
the liquor business but he allow
ed them to hold elections.)
2. The local liquor law violates
Article 1, Section 7 of the Consti
tution in that it grants special
privileges to a restricted group.
3. The law Is contrary to the
State Constitution and the 14th
Amendment to tbe Constitution
of the United States in that it
denies to the people of the State
the protection of equal laws and
equal protection of all laws.
Although the ruling was to the
effect that the law under which
Wilson and Edgecombe counties
are now proceeding to sell liquo.-,
he said that the ruling In this
particular case would not affect
them.
lue \3oum to ui iuv/ Vf>...
that the said Act of the General
Assembly, under which the said
election has been called authorizes
a tax to be levied under C. S.
1334 (4), money to be raised on
the credit of the county, and the
faith of the county to be pledged
by the Commissioners of Franklin
County for the purpose of provid
ing all funds ^necessary to carry
out the provisions of said Act
with reference to the establish
ment and operation of liquor
stores in said county, not having
been passed in the manner provid
ed by Section 14 of -Article II of
the Constitution of North Caro
lina. is void In the "entirety. And
the Court is further of the opinion
that the granting of authority to
the Comm)psiopers of Franklin
county and 17 other counties in
the State, to conduct liquor stores
for the sale of Intoxicating liquors,
for profit, and cofer such profits,
into the treasuries of said counties
respectivGly, in violation of said
public and general law, while
denying the same privilege to the
other 82 counties ot the State, is
an arbitrary classification of tUe
counties of the State, with no Just
ef reasonable grounds for such
classification and- Is, therefore,
void as being In contravention ot
the provisions of Section 7 of
Article I of the Constitution of
North Carolina." stated Judge
Williams in bis ruling.
"And the Court being further
of the opinion that said Act of
the General Assembly Is In othor
respects void and contrary to the
provisions of the Constitution of
North Carolina and of the 14th
amendment to the Constitution of
the United States in that It denies"
to the people 6t the State the
protection of equal laws and the
equal protection of all the laws"
in not making applicable to the
people of all counties la the State
the provisions of said Act, there
fore,
"It is now by the court, order
ed, considered and adjudged that
the defendants, aid each of them,
be perpetually^ enjoined and re
strained from taking any action
under said invalid Act of the Gen
eral Assembly, or ordering any
election thereunder, from estab
lishing any liquor stores, or from
buying, selling, transporting or
(Continued on page eight)
CHILDREN
BARRED
Owing to the prevalence of
Infantile Paralysis Franklin -?
County Board of Health has
j passed the following ordinance:
"Until further notice all chil
dren under 15 years of age are
prohibited from attending
camps, Sunday Schools, Church,
picnics, parties, n^ghbor-hood
gatherings, church weddings,
or swimming pools, or any pub
lic gathering.
Parents or guardians allow
ing children to violate this
ordinance will be subject to pro
secution under Article 7051
Public Health Laws of tforth
Carolina.
R. F. Yarborough,
Franklin County Health Officer.
Henderson To
Celebrate The 4th
Plans for an all-day celebration
of the 4th of July In Henderson
are practically complete for put
ting on one of the biggest galla
events ever staged in this sec
tion of the country. Preparations
are being made to take care of
from five to ten thousand people
as guests for this elaborate In
dependence Day program.
The program calls for a parade
at 10:00 A. M. and then a base
ball game In the morning and one
in the afternoon between the two
teams representing Henderson and
Oxford, followed by a track and
field meet at the League Park.
Brunswick Stew is to be served
in Swain's Grove almost in front
of the ball park at 12:30. Then
at three o'clock the second or af
ternoon ball game will be played.
Immediately following the ball
game, a Military pagent with war
games and drills will be held in
the League Park, followed by a
Barbecue in Swain's Grove which
is scheduled for 6:30 P. M.
At 8 o'clock that night, twenty
rounds of "Honest to God" fight
ing will be staged at the Big Hen
derson warehouse. One of the beat
right cards ever put together in j
this section will be put on that ;
night. Immediately following the |
fights at 10 o'clock the dance be
gins with the music being furnish
ed by Jack Paul and his twelve
piece broadcasting and recording
orchestra featuring one of the
best Blue singers In the country.
Arrangements are being made
to have the streets elaborately de
corated with flags, pennants and j
buntings for this patriotic occa- .
sion. One thousand reserve seats .
are being biViught' here to ac- .
[commodate the large crowds at
both the ball park for the games;
and the Big Henderson Ware- ,
house for the fights. The manage- j
ment desirous of making this one ,
of the biggest events ever to takej
place iii this section of the state
will spare no time, effort or ex
pense in making this Independ
ence Day program a mammouth
galla event of sports, thrills, fun,
pastime and amusement, with a
program so diversified that there {
will be something to meet every-,
one's individual requirements.
So an invitation is extended to!
you to visit Henderson on this day
of all days for one of' the best |
times you ever had In your whole (
For the convenience dt the pat- 1
rons, a group ticket has been pro
vided for which will admit any
lone to all the events of the day
at a greatly reduced price. So It
is urged that you take advantage
of the group ticket feature asj
rthose holding group tickets will
be given preference over thtise ]
waiting to the last moment and
purchasing a general- admission '
life.
Id government, business, and
science the men of high faith and ,
; uncompromising ideals are taei-\
sured by the dozens and not by i
| the thousands. |
Louisburg Theatre
The following la the program
at the Louis burg Theatre begin-,
ning Sunday, June 30th:
Sunday ? Ann Harding and
Herbert Marshall In "The Flame
Within."
Monday ? Warner Baxter in
"Under The Pampas Moon".
Tuesday ? Pat O'Brien and Do
lores DelRlo In "In Caliente."
Wednesday ? George O'Brien
In "Cowboy Millionaire."
Thursday ? Qene Stratton Por
ter's "Keeper Of The Bees" with
Nell Hamilton and Betty Furnea*^
Friday ft Saturday ? Boris
Karllff In "Bride of Franken
stein." On the Stage, The Sen
sation of Two Continents. Judith
Zelda Johnson (formerly Prin
cess Zelda). / V
Last ? Showing Today ? Mae
West In "Goln' *t"o Town."
At The
p
New NRA Top Men | |
WASHINGTON . . . Above are the
two men who will bead the akeleton
lied NBA until April, 1936, under the
appointment of Preaident Roosevelt.;
They are; (above), Jamea L. O'Neill,
Vice-president of the Guaranty Trust
Co., N. Y., named acting NRA Ad
ministrator. Below, George L. Berry,
President of the Internal ional Press
men's Union as assistant to O'Neill
representing l,t tor.
Farmers Club
The farmers ot Franklin Coun
ty are to be congratulated upon
Forming a Farmers Club. It will |
be worth a great deal In promot
ing a kindly fellowship, solving
:ommunity and Individual farm
problems and In many ways be of
great benefit. In announcing and
arranging for tbe first meeting
County Agents E J. Morgan and
Fred Jones, have mailed letters
is follows to a number of farm
ers it each section. The letter will
more fully explain the movement.
Kvery farmer Is Invited to be
:ome a member, whether he re-!
:eives a letter or not, and attend
the suppers. Just send your name
to Mr. Morgan in order to "get
pour name In the pot" and have
i plate waiting for you when you
irrlve. The letter follows:
"The need and desire for an
organization of a Farmers Club in
this "County has been shown by
the numerous requests from far
mers and members of Home De
monstration Clubs far such an
organization. Since the need of
Buch a Club is so important <it
this time, your Home Demon
stration Agent and your County
Agent have decided to follow the
successful plan of organization aB
mapped out by Craven County, it
It meets with your approval.
"Such an organization will af
ford a means by which farmers
In the County will' be able to
have Fellowship Meetings and at
the same time have a short pro-1
gram consisting of music and 1
other entertainment given by the,
people within the Community. It
may also be possible to get peo
ple connected with Extension work
to attend a tew ot these meetings
and appear on the program.
"The seventeen Home Demon
stration Clubs and Miss Priest are
very anxious to cooperate with us
In such an organization. If we
will only do our part, I am sure
that we will be greatly benefited
by spending a social hour together,
with our friends and neighbors,
discussing subjects in which we
ire interested.
"It has been decided that the
tirst Farmers Club In the County
will meet at Oold Sand School on
Friday Night, July E>, from 8 to
9 o'clock. The supper will be furn
ished by the Centeryllle Home
Demonstration Club at a cost of
Fifty cents (50c) per plate. The
proceeds.. oI_thl? ammer will go
towards building a Community
Club House. We are In hopes that
Mr. David S. Weaver, Professor
of Agricultural Engineering at
State College or Mr. Dudley Bag
ley, Chairman of the N.O. Rural
Electrification Authority, will be
present to give a talk on Rural
Electrification.
"You will find Inclosed a self
addressed . post card which yon
will fill out indicating whether
you wish to attend this meeting
or not and return to Miss Priest
so that (he will be able to deter*
mine the number of plates to be
prepared for this sapper.
''W# hope that you will be
able to attend the first Farmers
Club Meeting and lend your ful
lest cooperation in making your
Club successful."
Exhaustless energy will carry
one forward despite wrong think
ing, but the right and logical way
to do a thing will get one to the
point with half the effort and at
twice the speed.
WILSON AND EDGECOMBE
COUNTIES VOTE FOR CONTROL
I
LIQUOR FORCES CARRY
FIRST COUNTY TESTS
BY MARGINS OF
10 TO 1
Is First Successful Assault
On Bone-Dry Policy Since
1909; Constitutionality of
Acts Still at Issue and
First Judicial Decisions
Are Expected This Week;
Fruzelle Hears Greene
County Case; Beaufort
Drys Seek Another Re
straining Order
? Two North Carolina (Munties
Saturday voted by overwhelming
majorities to legalize the Bale of1
liquor within their borders.
The decision of the voters ot
Wilson and Edgecombe counties
represented the first successful
assaults since 1909 on the boue
dry policy of North Carolina.
In Wilson a ten-to-one majority
was plied up by the Wet forces
on the basis of complete returns,
while the Wet triumph in Edge
combe, on the basis of almost
complete returns, was by the same
proportion. The vote in . Wilson
was 4,151 for liquor control, 428
against liquor control. In Edge
combe 19 out of 21 precincts gave
2,307 for control, 211 against.
This week, four more counties.
Warren, Vance. Franklin and
Beaufort are scheduled to vote
on the question of legalizing liquor
sales. In all of them, efforts are
being made by Dry forces to block
the elections by court action.
To Rush Opening
In Wilson, the action of the|
voters meant that possibly by
Thursday the first of that county's
liquor Btores will be opened,!
Thomas H. Woodard, chairman of
the board or county commission
ers indicated Friday night. Mr.
Woodard said he would call a
commission meeting for Monday
to discuss the setting up of stores
and the appointment of the mem
bers of the county's Alcoholic
Beterag? Control Board.
Mr. Woodard added that he
thought It probable that the first
store would be opened Thursday, i
but said he could not be certain
of this.
As far as the "Pasquotank Act"
is concerned, stores could be open
ed in either county tomorrow, if
the board of control could be ap
pointed, make Its rules and its
arrangements and begin opera
tions. There Is no time fixed for
the opening of such stores after
the ratification by the people of
the bill.
Towards midnight Saturday
night, no word had come from the
Edgecombe commissioners as to
their plans.
Promises Injunction*
Cale K. Burgess, rice-president
of the United Dry Forces in North
Carolina, said late Saturday that
"injunctions wfil be taken out
promptly if any effort is made to
open liquor stores in Wilson jor
Edgecombe counties" which voted
wet Saturday by 10 to 1 majorities
or better.
"1 am not surprised at the
vote in those two counties, for
the drys had waged no fight
there," Burgess said. "We lost
those elections by default.
"We are confident that the leg
islative act Providing for votes In
18 counties on opening of liquor
stores is unconstitutional, and we
saw no reason to waste time or
money opposing the vote in Wil
son and Edgecombe. \
"If the law is declared invalid,
as we believe it will be, then the
election there will not amount to
anything. Yes, we expect to fight
these test cases pending In New
Hanover, Franklin and other
counties through to the State
Supreme Court."
As far as Wilson and Edge
combe counties were concerned,
the -Dry*, not- seek to
block the elections in the courts,
were left last Saturday with a
limited choice of remedies against
the operation of the act.
Attorney General A. A. F. Sea
well, reached In Chapel Hill last
Saturday night, said that in his
opinion the Drys cannot properly
seek to enjoin the opening of the
stores or the appointment of the
boards of control. He did say,
howeter, that he thought the Drys
could bring an action to enjoin
the spending of public money, al
though this is authorized In the
act.
The Attorney General suggest
ed, however, that the Drys might
proceed by seeking Indictments
for violation of the Turlington
Act. on the theory that the bone
dry law Is still in effect In the
two counties because of the al
leged unconstitutionality of the
Pasqnotank Act.
We remember the tlmea we were
right and Mrget the times we
were wrong.
INDUSTRIAL
EDITION
Willi this issue the Franklin
TIMES is iHfttentinK to its
readers three sections, includ
ing a rotogravure section, giv
ing information concerning
Franklin County, its many ad
vantages, both business and
social, and presenting many of
the County's most progressive
business concerns.
If you wish to live op trade
in a good town and with fine
and progrmsive business men
then come to Lou is burg. A j
generous invitation is extended
you and a worm welcome awaits
you.
TO PAY 10 PER
CENT DIVIDEND
CITIZENS & COMMER
CIAL BANK, FRANK
LINTON
J. R. Teague, Liquidating
Agent, Announces Checks
To Be Mailed Creditors
Next Week
? V
The many depositors and cred-;
itors of the Citizens ft Commer-|
cial Bank of Franklinton will be
glad to learn of the announce-!
ment given out yesterday by Mr.
J. E. Teague, Liquidating Agent,
that he was arranging to mail
checks next week to all creditors
for the first dividend, amounting
to* ten per cent. The total I
amount to be distributed at this
i time is $20,000.
The amount represents splen
did work on the part of Mr. Tea
gue, in that the closing of the
hank came during the most try-,
ing financial times in the history
of the State, and this payment
will come in a most opportune
I time, not only to the business in
terests but to the farmers, who
are in the midst of making a
crop, as well.
We understand the Bank's af
fairs have been worked out to a
pretty good standing and other
dividends may be reasonably ex
pected in the future.
Will Resign |
The many friends of Rev. D. P.
Harris, pastor of the Louisburg
Baptist Church will regret to learn
that he announced from the pul
pet in his morning service that
"it was in his mind to offer his
resignation as pastor on next
Sunday." Mr. Harris has been
serving the Louisburg Church
about four years during which
time he and his wife have made!
many staunch friends.
Notice
Miss Priest, Home Agent an
nounces that due to Infantile
Paralysis epidemic there will be
no 4-H Club meetings, 4-H Club
camps or 4-H Short Course until,
further notified. ?'
Postponed
The State Camp tor Young Ttr
Heel Farmers hat .been indefinite
ly postponed because of the in-l
fantile paralysis epidemic. Autho
rities of the camp say that lt|
might be opened later In the sum-;
mer if the epidemic abates.
Kiwanis Tonight :
I
Louisburg Kiwanis Club will
hold its regular luncheon Friday
(tonight) night at Franklin Ho
tel, at 7 o'clock. All KIwanlans
are urged to be present.
Vaughan
Not Guilty
Franklin Recorders Court had
only four cases before It on Tues
day, two were for judgment, one
found not guilty and one continu
ed. The docket follows:
Judgment was prayed In the
case of operating an automobile
Intoxicated against Vance Medlin,
who was siren 90 days on roads.
Appeal.
Wilson Vaughan was found not
guilty of abandonment.
Ira L. Cash, abandonment, non
support, continued under former
order.
Bob Preddy, unlawful posses*
slon of whiikey, continued. 1
Theoretically, the perfect tax
would be a tax on inaction.
Loses Commerce Job
WASHINGTON . . . Ewing Y.
MitcheH (abovt), Missouri lawyer
and Assistant Secretary of Com
merce since 1933, hss been ousted
by President Roosevelt, upon the
recommendation of Secretary Roper.
J. M. Johnson of 8. C. gets the job.
Whiskey in Wilson
Commiting on the election and
whiskey situation in Wilson thej
leader of the Dry forces is quoted
as saying:
Rev. John Barclay, leader of
the county Dry forces, reiterated
his statement of yesterday this
morning I iy declaring that the
lpcal Drys will not make any ef
fort to prevent the opening of the
liquor stores.
"The people have said that they
want liquor by a 14-1 majority,"
said Mr. Barclay this morning,
"so it look* though It would
be of very little use to try to
stop the opening of the stores. If
the Supreme Court of the State
rules that 'the act of the Assembly
having to do with this countycon
trol is unconstitutional the stores
will have to close anyway and if
it doesn't there will be nothing
done here as far as I know. I am
against the liquor laws but I ani
also for the democracy and if it
is the will of the people that they
want liquor stores that is all there
is to it." . '
Asked what he thought of the
chances of the bootleggers now
that the county had gone wet.
Mr. Barclay said that he thought
tliat the fight would now be be
tween legal liquor and 50-cent
corn.
"What I m?an by that." he said,
"is that the big bootleggers have
been bringing bottled-in-bond into
the county and State from Vir
ginia. They will havo to pay as
much for it as you will pay at the
liquor stores here. Now they
charge more for it than you will
have to at the liquor stores, and
people are of course not going to
do that. The only thing the boot
legger will be able to sell is corn
which can be sold cheaply."
Revival At
Cedar Rock
Rev. L. B. Reavis, pastor of
Cedar Rock Baptist church, an
nounces tHe beginning of revival
services next Sunday night at 8
o'clock, with Rev. C. B. Howard,
doing the preaching. Services will
be held each day at 3 p. m. and >S
p. m. Sunday School and B. T.
U. have been called off on ac
count of the outbreak of infantile
paralysis, and it Is hoped These
services may be continued after
Sunday.
He advises parents who have
children under the intermediate
age not to take them to the serv
ices.
f, 726-CaratJDiamond )
SHWATIP'
lb die It dtmoaatraM b? OW711
Ranuford. Jaeobtu Joakar, It* fod?r
In Booth A Mo* tort |Mr, MM It
la London for $350,000. ?
A. W. M'LEAN
LAID TO REST
Several Thousands, Includ
ing Many Men of Promi
nence, Attend Eites
Luinberton, June 23. ? Angus
Wilton McLean, whose death oc
curred at Emergency hospital at
Washington City Friday about 11
o'clock was laid to rest here Sun
day in simple, impressive funeral
services at which several thousand
people gathered tor a final tribute
to the man who served North
Carolina as Governor from 1925
to 1929.
The services after the Presby
terian faith were conducted in
the First Presbyterian Church of
which he was a ruling elder by
the Rev. R. L. Alexander, pastor,
assisted by Dr. Wedin Purcell, or
Richmond, Va.. in charge of the
Presbyterian "Men of the Church"
organliatlon. and the Rev. S. B.
McLean, pastor of the Wilmore
Presbyterian Church, Charlotte, a
cousin of the former State Chief
Executive.
Dr. Purcell and Mr. McLean
read (he .scripture and all three
offered prayers. In his prayer, Mr.
McLean made a touching tribute
to the former Governor for his
love and devotion to the church
and humble faith.
"He was qualified by devotion,
training and experience and ren
dered a large service to the State
and nation," he said.
Flags of the State and nation
draped the altar, but there was
no other reminder |n tTC simple
service of the high "offices which
Mr. McLean had held.
. His widow and three children,
Angus W., Jr., Hector and Miss
Margaret, had declined a sugges
tion by Governor Ehrlnghaus that
the body lie In state at the Capitol
and expressed a preference for a
quiet service for the late husband
and father.
There was no singing at the
church, but organ music was
played by Mrs. Pearl Pennington,
of Tarboro.
The committal service In Mea
dowbrook cemetery followed im
mediately upon the church serv
ice.
The entire family plot was
blanketed with flowers.
Pallbearers were Dr. John
Knox, M. F. Cobb, D. D. French,
F. P. Gray and H. E. Stacy, Lum
berton; Earnest Graham and G.
R. Miller, Columbia, S. C.; and
E. Hervey Evans, Laurlnhurg.
Cotton Certificates
Mr. A. J. Wilson, assistant in
Cotton Adjustment for Franklin
County announces that "all -1934
cotton tax-exemption certificates
which you now have on hand must
be exchanged by the Washington
office before they can be used
this year. It is necessary that you
turn these surplus certificates in
at the County Agent's Office at
once in order that they might get *
back in time for*you to use them.
Do not send these certificates by
anyone else but bring them in
yourself as there are forms that
must be signed by the person to
whom the certificates were orlg
tonally issued.
To Leave Franklin
J. B. Litchfield, who has been
teaching vocational agriculture in
the Edward Best and Mills High
schools for the past few years,
has resigned to accept a similar
position in the Wake Forest High
School. He will leave to take up
his new duties Jtkly 1.
His many friends in Franklin
regret to see Mr. Litchfield leave
and wish for him much success
in his new field. ^ ~
Attends Dance,
Loses Clothes
JWfifle attending the June Oet>
TTian in Rocky Mount Friday night
thieves broke into the ctHielMii
Ing to Mr. Ed Stov?IT"ahd took
therefrom a suit of clothes, tuxedo
panta, shoes, etc., and also an
evening wrap belonging to Miss
Teeney Allen. Mr. Stovatt wan
notified Wednesday by police of
ficers of Rocky Mount that a por
tion of the articles had been re
covered and the alleged thieves
detained, three *taen being held
for trial Friday morning provided
the rfrtlcles can be Identified.
' 1 i"
Louisburg College
Alumni to Meet
The Alumni Association of Lou
isburg College will have a busi
ness conference followed by at
barbecue dinner at Braswell Park,
Rocky Mount on Wednesday, July,
3 at 10:30 a. m.
Every graduate, former stud
ent and friend of the college Is
invited to be present. Com* and
meet your old classmate* and
friends. ^