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A WEELKLY NEWSPAPER DEVOTEE) TO THE BEST INTEREST OF THE- PEOPLE OF McDOWELL .COUNTY.
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ESTABLISHED 1896.
MARION N. CM THURSDAY, MARCH 20, 1913.
VOL XVI F NO. 29
- ; ' , . . .
J r . J -z
A
rev.
To ScureltHeiEnfbrciBrrient blithe
SEARCH AND SEIZURE ACT wh?m it is directed to search the
place or places , described in such
complaint or information, . nd if
more than one gallon of spi rituous
or vinous liquors or more than five
gallons of malt liquors be found in
any such place or places to seize
Laws Against the Sale and M ahu-
fact u re of Intox I cati nrti q u o r s
We give1 herewith the : f ulL text
of search andurebinhich aid take into his cnstbay all such
Pa?mt6gJaJ intoxicating liquors described ; in
J00 mtm said complaint or information, and
mM0 seize apd take into his custody all
Carolina do enact: , , . , 4 , , , - -
fi.ntifffi.lii- glasses, bottles, kegs, pumpsars
or oiner .equipment .' usea m me
lawful for any person, fi rm,' cor
poration, association, or com panyV
by whatever name called; other
than d ruggists and medical deposi
tories duly licensed thereto, to en
gage in the business of selling', ex
changing, bartering,: giving away
business of selling intoxicating
liquors which may be found at
such place or places, and safely
keep the same subject to the orders
of the court. The complaint or in
formation' shall describe the place
samei ana snail descn oe tne in
toxicating liquors or other proper-
ni nlanao r Ka .caovnliaf mifVi cii f
for the1 purpose of direct or . mdi- . . , ...
& - .. v; v ? I ncient particularity .to identify the
spirituous, vinous or malt liquors
in the state of North Carolina.
Any person, firm, corporation or
association violating the pro visions
of this act shall be guilty of a
misdemeanorV'
Sec. 2. That it shall be unlaw
ful for any ; pe rson, fi rm, associa
tion or corporation by whatever
1 named called, other than d ruggists
and medical depositor ies jduly li:
censed thereto, to liave or keep in
his, their or its possession for the
purpose of ; sale, any sbirituous,
vinous or, malt liquors; and proof
vxof any one of the following facts
shall constitute prima facie evidence
of the violation of this section :
First: - The possession of a li
cense from the government of the
United States to sell or manufac
ture intoxicating liquors; br
v Second : ' The possession of more
thatfohe gallon of spi rituous liquors
at any one time, whether in one or
more places; or ' ' ' t' '
Third: The possession of more
than three' gallons of vinous liquor
at any one time, whether in one or
more places; or j . , 4
. Fourth: , The possession of more
than fiv& gallons of malt liquors at
any one time, whether In one or
more places;.or '
Fifth: , The delivery to such
personfirmV association or corpora
tion o(f more thiin five gallons, of
spirituous or vinous' Jiquors, or
, more than twenty gallons of . mal
liquors within, any four successive
"weeks, whether in one or e more
places; or V V"' - ; ;
Sixth: ; The possession bf : n-
i toxicattnsr liauors -us samples to
I
STATE NEWS 0FJHE WE.EK
Items Concerning Events of In
terest and Importance Through-
: 7-' out the -State.
ty alleged to oe used in carrying
. . .... j . '
on the business of selling intoxicat
ing liquors asi particularly as prac
ticable, and any description, V how
ever general, that will enable the
officer executing the warrant to
identify the property seized, shall
be deemed sufficient. All spiritu
ous, vinous or malt liquors 'seized
under this section r shall ; be hefd,
and upon acquittaf of the person
so charged; shall be. returned to
such person and, Tipon conviction,'
or upon default - of appearance,
shall be destroyed. v -
.v Sec. It shall be unlawful for
any bank incorporated under the
laws of this state,or national bank,
or any individual,: firm or . ass&ck-
tion, to present, collect or in any
wise handle any draft, bill of ex-
change, or order to pay monetf to
which draft,- bill of exchange, or
derto pay money-is attached a bill
of lading, or order, or receipt for
intoxicating liquors, or which draft
is enclosed with,' connected with,
orv in any way related to, directly
or indirectly any bill of lading, or
der or receipt for intoxfeating
liquors. Any' person, firm, cor
poration, association, or bank
violating the provisions of this act
shall be guilty of a misdemeanor.
bee. 5. All express companies,
railroad companies or other, trans
portation companies doing business
in this state are required hereby
to . keep a" separate book in . which
shall , be entbred immediately upon
receipt thereof the; name of the
person to whom liquor is shipped.
Vice President Marshall will de-
liver the address at the University
commencement this year.
At an election held in Hickory
Monday the commission form; of
government was'adopted' by a vote
of 291 to 256. ' .7 "
The Training School in Boone
will receive from the State $15,-
000 for improvements and an an
nual appropriation of $12,500. .
The Washington correspondent
of the Charlotte Observer ,says it
is probable that ex-Sheriff Manly
McDowell of Burke will be ap
pointed United States marshal.
-Mrs. Cornelia. Holemao died in
Raleigh Tuesday of last week, aged
100 years and five months. 'She
was born in Hartford, Conn., and
was a church member for 80 years.
Mrs. Nancy Gardner Yancey
county's oldest citizen, died at the
home of her son, G. E. Gardner,
in Burnsville March 11. Sbo was
99 years old 'and boro the distinc
tion of having been a member of
the Methodist church for 86 years.
Governor Craig has ro-ao pointed
Mr. A. Cannon of Horse Shoe as
a member of the. Board of Agncul-
tu re .f rom tthe tenth . district for a
term 6f six years. This is the
third consecutive time Mr. Cannon
has been appointed to this position.
Governor Craig announces the
appointment of J. S. Bower, of
Lexinrfton,.as solicitor for the new
Eleventh judicial district,, one of
the four new solicitofships that ho
is to fill along with his appoitment
of judges for the four new districts.
" The-grand jury of Burke; Super-
. m ' . .
ior uourt last wees returned
treatment Tho bullet in his richl
leg seems to bo giving him trouble,
having caused a numbness , on that
side: ...
-
The committee appointed by Gov
ernor Craig and tho legislature to
consider and recommend amend
ments to the State constitution,
will meet in Raleigh next month to
organize. During tho session of
the Legislature a number of amend-
it . ...
meais o me consmuiton were
proposed, which will be considered
by the commission.
The election for officers of the
commission form of government re
cently granted Morganton, by
the legislature, has been called for
April 7. At the election there will
be three commissioners chosen for
purpose of running the town and
three supervisors to issuo bonds for
the purpose of building good roads
in Morganton township.
. . .
application Ior pnients . is now
pending in the U.' S. Patents of
fice for Miller's cylinder washer
and cooker, an invention of Mr. B.
A. .Miller of Hickory. This is
claimed to be tho most practical
combination article that has been
put on the market It can be used
for doing the a mi ly washing, heat
ing water, cooking food, and, dur
ing the canning season can be util
ized in canning fruits and vegetables.
true bill for murder against Dr.
E. A. Hennessee for the killing of
Gorman Pitts. The case was con
tinued to the August term of court.
After hearing testimony, as vto Dr.
Hennessee's condition, Judge Lyon
decided to admit him to bail in the
sum of $20,000. Dr. Hennessee
was taken to Dr. Long's Sanato
rium at Statesville for further
pu table citizens that the consignee
is unable, by reason of sickness or
infirmities of age,to appear in
a -S T -aa themount and kind received, and personf then the sid .company, is
obtain orders thereon: Provided h.sj , , .
that this section shall.not prohibit deUvered ind by whoni de:
any person from keeping in. his jiVered and: to Whom delivered, af,
possession wines and ciders m any ter which record-shaii bo a blank
quantity where such- wines, and wi,iA, l, ncfimoo'
ciders- have .been manufactured. ui-rr 11 ItVui-' a.' ;
from grapes or fruit grown on the
premises of the - person, in iwhose
possession said t wines - and ciders
may be. . j. -7-'- - .
' Sec, 3. 7,Upon the filing of bom
plaint, under bath;; by4 a; ; reputable
citizen, or information furnished
under: oath,1 by an officer charged
with the execution of the law,; be
fore a justice of the" peace, .re
corder, may or or other officer, ' au
thorized by law to issue! warrants,
charging that: any ' ! person, - firm,
corporation, association.vorvcom-
,;pany, .by . whatever name called,
has in-his, their or: its possession;
at'a place or places specified, .more
thanphe gallon of - spirituous ; v or
vinous liquors or, more , than . five
gallons of . malt liquors for i the
purpose of sale, warrant shall i be
issued commanding the officer, to
he cannot write, shall make his
mark in the presence of a witness,
before' such; liquor is delivered : to
suchx consignee, .and which said
bookshallbe open for inspection
to any officer or citizen of the state,
county or municipality any time
during business hours of the com
pany, and said book shall constitute
prima facie evidence of. the facts
therein and will be admissible in
any of the courts -'of Nthis , state.
Any. express company; railroad
company, or pther transportation
company or any employee or agent
of any ex preW "company, railroad
company, or other, transportation
company- violating the provisions
of this section ehall be guilty of
misdemeanor: -Provided, upon the
filing of a certificate stoned by ,
reputable physician or two .(2) re
authorized to deliver anyx packago
to the agent of said consignee and
the agent shall sign 'tho name of
the consignee and his own name,
and the certificate shall be filed of
'record;-; r; ': - ,v: . . .:,V ;
Sec. 6. That in indictments for
violating section one of this , act it
sfiaH not bo necessary to allege a
sale to a particular person, ana too
violation of law may be proven by
circumstantial evidenco as well as
by direct evidence. T .. .
Sec;.7. , That nqt person shall be
excusedfronr testifying on , any
prosecution for" violating this act
or any law against .the sale or
manufacture of intoxicating Ijquors,
but no discovery made by such
person shall bo used against -him
in any'penal or criminal prosecu
tion, and he shall bo altogether
pardoned for tho offense dono. or
participated in by him. 4
Sec That all laws or parta
of laws in conflict with this act be,
and the same are hereby to the ex
tent of .such conflict repealed:
MANY KILLED. (N STORM
FuIIy.90 Lost Their Lives In tho .
Southern States, Vhilo Prop- .
erty Damage Vas Heayy.
.;' - .
Indications from Uto reports arts
that mo ro than 00 people wero
killed, scores severely injured, and -
great property loss sustained in
tho disastrous electrical tornado
which swept parts of Tennessee.
Georgia, Alabama. Louisiana, Mis
sissippi and Texas Thursday after
noon and night. Eighty odd deaths
havo been reporUjd and the total
loss of life probably will bo in
creased when wire tommunlcatloa
is restored in remote sections de
vasted by the cyclone. The dam
age to property can not be esti
mated, but probably will have to
bo computed In millions.
Twenty-nine persons are report
ed to bare perished in Georgia and
damage to property is roughly es
timated, at $1,000,000.'. Cdhocn,
Gordon county, Georgia, and vi
cinity, bore tho brunt of the itorm
in this state, where 11 persons are
reported to have been killed. Tho
other fatalities in Georgia wero
nine at Tucker, four at Etgles
ville. three at Clarkitoa and two
at Columbus.
LaIc reports from Tcnnewo
have increased the death toll in
that stato to 23 persons. Six per
ished in Middletoo, four at South
Berlin, three at Huron, two each
at Colleoka and Lexington, and
one each at Leesburg, Rally Hill
and Bryant station. Mapy sections
swept by the storm hare not been
beard from.
Tho loss of life In Alabama la
estimated at 13, ahhough tcTeral
persons arc still reported missing.
Fire negroes were killed near New .
Decatur, three persons perished 'at
Calcra, and two each at Hokes
Bluff, Gayesville and. Duke.
Four additional deaths bare been
re Darted in Texas at Hulig.
. The total in that state b now
placed at five,
Advices from Louisianna and
Mississippi contain ad rices of no
additional death, seven having been
previously reported in each state.
The greatest damage to property
was the destruction of buildings
And honsA- in thft fvt1nn nf t h
... ... I - w
rrovidcd, however, that notbibg fiUtC3 wbcro dcalhs wcre n;otV
in tni ftrt hftl! nrvmA tr nrvi!U i i . .
.ww. j xciepnone . ana leiegrapnic com-
m m. w m . . m m m mm
any ot mo jocai or special acts ox mnnition h Wn mr
the general assembly of North most of the larger towns and ail of
V..W..U.H.UUIUUIUK uu "iu- lhecillWjQ lhe torm-swcpt ter-
iuro or saio or otner oisposiuon 01
any of the liquors 'mentioned in
this act, or,any laws for tho en
forcement of tho same, but all
such acts shaU continue in full
force and effect and in concurrence
herewith, and indictment or pro
secution may bo had cither under
this act or any special or local act
relating to the same: Provided,
further, that this act shall not In
Ev E. Sams Named Supervisor.
Stato Superintendent of Public
Instruction Joyner announces tho
appointment of E. E. Sams as su
pervisor of teacher training to suc
ceed the late J. A. Bivens who
died suddenly two weeks ago
Mr. Sams has for more than a year
been chief clerk in tho stato de
partment of education. He is a
native of Madison county, was su
perintendent of schools in Mc-
alDowell county and later organized
and supervised the Marion graded
school.
Mr. Sams' many friends in Mc
Dowell will rejoice to learn of his
appointment. Ho is a splendid
school man and is well fitted "for
the high position to which ho has
been appointed.
. A lazy man
idle remarks.-
is always making
ntory.
fLIght Sentence for Snipes.-
Morganton, March 15. Bob
Snipes, who was arrested In. Los
Angeles several months ago an4
brought hero to bo tried on a
charge of the murder of John
Brittain in this county 15 years
ago, plead guilty to manslaughter
in Burko Superior Court today.
anv way repeal or modify chapter and was sentenced to four months
seventy-ono of tho Public Laws of in the'Su Penitentiary at light
North Carolina of tho extra session .r. ' .
Tho light sentence tec tut dca to
tho fact that there is
as to Snipes' sanity.
oubt
King George -of Greece wrs
assassinated while walking in tho
of one thousand nine hundred and
eight. .
Sec. 0. . That this act shall - not
v . . . . . .
apply to any act commuted prior
to its ratification.
Sec. 10., That this act. shall be lrtu f Salo?iU Tcdsr. Tne
. . . 1 , , , , assassin was a O reek of low men Ml
in iorco iroca ana aiicr uri 047 1 tt
of AnriL ono thotind . nina hnn-1 vl.k;.. it tV lCi
I AU M
drcd and thirteen. , I through tho heart.
' T 1 . 1.1"" -jl
three times and ratified.-this thojprj-, h rarer TW.r?,- Hra
3rd day of March, 1013. . ' lor-j rccli axi a ipccM fmtcra u