JOHNSTON COUNTY'S APPEAL.
Supreme Court Divides Three to Two
Over Act Authorizing Koad Bonds
Which Is Held to Be Invalid. Both
Opinions Lengthy. Count Not Re
sponsible for Benefits Accruing
Solely to Specific Localities.
(Greensboro News.)
Raleigh, Sept. 26. ? The Supreme
Court is divided three to two in the
appeal from Johnston County involv
ing the validity of the act of the last
general assembly authorizing four
per cent State bonds running 41 years
issued on county certificates or bonds
for 5 per cent for money for road im
provement, or rather the justices are
thus divided as to the constitutional
ity of Section 20 providing for town
ship or road district bonds same as
county bonds, secured and adminis
tered by the county. The majority
hold section 20 unconstitutional and
Chief Justice Clark and Justice
Walker hold that not only is Section
20 valid, but that the whole act is
most worthy of being sustained as a
"most just, beneficent and progres
sive" measure.
The opinion is the one of overshad
owing importance in a goodly batch
delivered this afternoon. Justice Hoke
wrote the opinion for the majority
of the court and Chief Justice Clark
the dissenting opinion.
In the hearing below Judge Devin
held with the plaintiffs, the commis
sioners of Johnston County, that the
act was valid, directing State Treas
urer Lacy, the defendant in the test
case appealed, to pay over the money
to the county for the two townships
as requisitioned. The controlling
opinion finds error in Judge Devin's
ruling in that it is held that the leg
islature cannot authorize a county
board to give bonds for road improve
ment in townships or road districts,
making the whole county responsible
for benefits that accrue solely to spe
cific localities within the county.
As to the validity of the remainder
of the act the controlling opinion
says:
"What effect this finding of invalid
ity of Section 20 will have on the re
maining provisions of the act and
whether the general principles which
forbid that on facts of this record,
cost of building and upkeep of local
roads for a township or road district,
to be financed by a county, will oper
ate to prevent a State from incurr
ing a large bonded indebtedness in
aid of road building in different coun
ties, are questions of largest import
which we do not now determine. They
not being presented in this record, we
do not consider proper to decide by
-anticipation."
The effect of the controlling opin
ion is to knock out that portion of the
act that would have townships or
road districts to vote such bonds and
thus exact of the county the issuance
of its sertificates to the State for 5
per cent for 41 years, and then col
lect and administer the special taxes
for the township or road district.
Then there remains the possibility for
an entire county to vote the bonds for
road work in the county and when
such step is taken by a county there
can be another test case to settle the
validity of the act as a whole, ap
plying to county and State.
Both the controlling opinion and
the dissent by the chief justice are
quite lengthy. The dissenting opin
ion insists that the act nor any part
of it should be set aside unless be
yond all doubt unconstitutional, the
act being one that has been pending
for a number of years and thorough
ly approved by the people and their
representatives. An identical system,
the chief justice points out, is used in
England to take up the great landed
estates of Ireland and then divide
them and sell on long time to citi
zens, England paying 2 per cent and
charging a larger one that liquidates
interest and principal. The school
bond systems and the schoolhouse
loan fund of the State are much the
same system, he insists. He declares
in conclusion: "Judge Devin has prop
erly, in my judgment, sustained both
in letter and spirit the enactment by
the General Asembly of the most just,
beneficent and progressive measure
adopted only after fullest considera
tion by the people and their repre
sentatives."
The only way to give the French
people even one ounce of sugar per
day is for each man, woman, boy and
girl in America to reduce his consump -
tion one-third.
NEARLY EIGHT BILLIONS.
Senate Passes Measure Without a
Roll Call Vote Appropriating
Vast Sums for War.
The urgent war deficiencies appro
priation bill was passed by the Senate
Tuesday, after an additional half a
million was added to the bill as it
came from the House, for the Employ
ment Bureau of the Department of
Labor. The bill carries an appropria
tion of $7,991,400,000. Its principal
items include:
Shipping . board, $635,000,000 cash
for the construction program author
ized of $1,749,000,000; army and navy
emergency funds of $100,000,000 each;
construction of torpedo boat destroy
ers, $225,000,000 to start a $350,000,
000 program; army transportation,
$413,000,000; fortification, $1,495,000,
000 appropriated and $975,000,000
more authorized; army subsistence,
$320,000,000; clothing and camp equip
ment, $357,000,000; engineer opera
tions, $191,000,000; medical depart
ment, $120,000,000; pay increase for
foreign service, $31,000,000; horses,
$48,000,000; barracks, $49,000,000;
ordinance stores and ammunition,
$732,270,000; small arms target prac
tice, $89,676,000; ordinance stores and
supplies, $113,620,000; manufacture
of arms, $32,690,000; automatic ma
chine guns, $113,520,000, with $220,
277,000 additional authorized; armor
ed motor cars, $36,750,000; naval avia
tion, $45,000,000; naval ammunition,
$40,146,000 ,with $15,000,000 more
authorized; naval batteries, $50,000,
000 and $28,000,000 more authorized;
naval reserve ordinance, $47,500,000
and $17,500,000 more authorized, and
naval training camps, $12,600,000.
A LETTER FROM CAMP JACKSON
Boys Who Left Last Saturday As
signed to Company H, 321st
Regiment of Infantry.
Mr. Editor:
We loft Smithfield with our John
ston County boys last Saturday af
ternoon at 5 o'clock and arrived at
Camp Jackson the next day at 3:00
a. m. We found the crowd "very
numerous and a lot of them too."
One who has not seen a like training
camp car. have no idea of what this
is like.
All of cur 31 have now been exam
ined and inoculated. Some 8 or 9 of
us "fell down "and will soon go back
home. Two of our batch, H. V. Rose
and William King, have been sent to
the non-commissioned officers' school.
We are at the present assigned to
Company H, 321st Regiment of In
fantry. We have plenty to eat and
plenty of sleep and plenty of work
to do.
Johnston County is quartered in the
barracks with Hertford, Beaufort,
Washington and Halifax County boys.
We are a good delegation, and we in
vite the folks at home to watch for
us. H. V. R.
Camp Jackson, Columbia, S. C.
The use of "long sweetening" (sor
ghum syrup or molasses) in place of a
part of our sugar will be an c.ct of
patriotism.
His Spelling His Undoing.
One homeopathic doctor who never
talked much obtained a large practice.
He would shake his head or nod over
his patients and never say whether
death or recovery would result.
But he possessed a rare natural
sympathy and always attended the
funeral of his patients.
This took much of his time, but he
was always on hand, and the people
thought highly of him. He knew the
merits of aconite and belladonna, and
this was really all the medicine that
he ever gave and all that he knew
anything about.
One day he made a fatal mistake.
He had a call ten miles away and
wrote on a slate and hung it up on his
office dcor:
"Gon too Pin Crick, bak too nite."
One of his allopathic competitors
saw it and spread the news, and be
fore the doctor got back half the town
had read it.
That ruined his practice. The peo
ple could not forgive poor spelling.
? Philadelphia Ledger.
The substitution of fruits for candy
will help the French and English peo
ple, who are practically out of sugar
and have no supply available except
from this country.
THE NEWS 11' CLAYTON WAY.
Miss McCullers Entertains Embroid
ery Club. Several Young Men Leave
Eor Camp Jackson. Brief Mention
of the Comers and Goers.
Clayton, Sept. 2(5. ? Mrs. M. G. Gul
ley left Tuesday morning for Cary
to visit relatives.
Mr. T. M. White, of Goldsboro, was
here on business one day this week.
Mrs. W. A. Barnes, Mrs. D. L. Bar
bour and Miss Sidney Godwin spent
last Sunday at Fort Caswell visiting
the boys there. Mrs. Barnes has two
sons there and Mrs. Barbour one.
Mrs. J. D. Gulley spent last Sunday
in Selma with Mrs. W. R. Smith.
Miss Gladys Barbour left today for
Trenton, where she will be engaged
in the millinery business this season.
Rev. and Mrs. T. A. Sikes and Mr.
and Mrs. E. L. Oneil motored to
Greensboro Tuesday and spent the
day with Miss Aldine Oneil who is at
G. C. W.
Mr. C. W. Pender spent Tuesday in
Durham on business.
Mrs. Vick Austin returned Tuesday
from Benson where she has been vis
iting relatives for the past few days.
Mr. and Mrs. Paul Williams, Mrs.
W. M. Turley, Mrs. C. B. Turley and
Eloise Turley spent last Sunday in
Benson with relatives.
Miss Clee Ellis, of Meredith Col
lege, spent last week-end here with
her parents.
Miss Minnie Stephenson left last
week for Buena Vista, Va., to enter
school at the Virginia University.
Among the town boys who left un
der draft this week for Camp Jack
son, Columbia, S. C., are Garland
Wall, Herman Duncan, Turner Vin
son, Roy Gulley, Leaman and Luther
Barnes.
On Tuesday afternoon from four
until six o'clock, Miss Melba McCul
lers in her charming manner, enter
tained the girls of the Y. W. A. Em
broidery Club. After much enjoyment
in gossip and embroidery, Miss Mo
Cullers served delicious fruit salad,
sandwichcs and olives. Each one de
parted saying they had spent a most
delightful two hours.
Mr. and Mrs. T. A. Wallace left
Sunday for New York, Baltimore and
other northern markets where Mr.
Wallace will buy the fall and winter
stock of goods for the firm of Ashley
Home & Son. Owing to the fire some
time ago he was delayed in making
this trip.
Miss Ruby Penny spent one day
this week in Raleigh.
Mr. Otho Gulley spent a few hours
in Selma last Sunday.
Mr. and Mrs. S. M. Spence m::de a
business trip to Raleigh Wednesday.
Mr. B. H. Spence went to Raleigh
one day this week. ~ I
A Governor Removed From Office.
.Tames E. Ferguson was formally
declared removed from office as gov
ernor of Texas and barred from here
after folding any public office "of
honor, trust or profit" by the adoption
late Tuesday in the senate high court
of impeachment of the majority re
port of a special committee of the
senate. The majority report was
adopted, after a minority report, re
commending only removal from office,
had been defeated. The vote on adop
tion of the majority report was 25 to
3, with one pair and one absent.
AT THE CAPITAL OF BOON HILL.
Princeton, Sept. 26. ? Miss Mary
Faulkner, of Smithfield, is spending
this week with Miss Rochelle Hinton.
Mrs. Thos. LeMay is visiting her
sister, Mrs. Ed. A. Holt this week.
Mrs. W. J. Mason and family have
rented their home in town and moved
to Goldsboro to live.
Miss Ethel Baker has gone to Rock
Ridge High School, in Wilson County,
to enter as a student.
Mr. and Mrs. R. L. Cox and children,
of Bentonsville, were visiting the
family of Mr. C. H. Holt Saturday
and Sunday.
Rev. J. M. Duncan, of Mt. Olive,
and Mr .J. H. Jones, of Chicago, were
in town Sunday a short while.
Nevins and Floumoy, of Raloigh,
are having their saw mill and entire
outfit moved away from here, after
operating more than a year in this
section.
The new gin, operated by electricity,
is ready for business. They want cot
ton and more cotton. They expect to
gin a ba'e every eight minutes. This
gin is owned by the Wood Grocery
Company.
RECORD OF LARUE COUNTY.
Not a Single Man Selects! in the
Draft Claimed Exemption. High
Honor for County of Lincoln's
Birth.
The Winchester, Ky., Democrat
says Breathitt and Lee Counties for
some time commanded the admiration
of the State for the wonderful display
among their men of patriotism at the
first call for men to the war. Breath
itt and Lee gave of their sons freely
and when the draft came both of
them had exceeded their quotas.
Now these records have been set
back comewhat sice Larue County,
the birthplace of President Lincoln,
came to the fore to lay claim to the
laurels for patriotism. Larue was
called to furnish 132 men for the
new national army; 132 men were
called before the local exemption
board and 132 men passed the physi
cal examination. Not one of the 132
selective claimed an exemption on ac
count of dependents, and when 132
names were certified to the district
boerd not one filed a claim for ex
emption on occupational grounds.
Larue has set a record that will
live for ages to come. It is a dem
onstration of genuine patriotism that
will go down in the annals of history
to bear witness of the absence of the
slacker among true Kentuckians.
Kentucky, in all of the Wi?rs of the
nation, has given of her men to die
heroically on the battlefield. Kentuck
ians have figured prominently in each
and every conflict and it remains for
her to now preserve the traditions.
Truly she is doing it, bit by bit, but
the Kentuckians of Larue County,
those of the first draft, can command
all honor for loyalty to the flag and
their country.
THE BRITISH CASUALTY LIST.
Wounded and Killed in All Ranks for
the Week Ending September
Total 23,035.
Total casualties of all British ranks
in all the war theatres for the week
ending September 25th are reported
officially to have been 23,035. The cas
ualty lists are sub-divided as follows:
Officers killed or died of wounds,
103.
Men killed or died of wounds, 4,430.
Officers wounded or missing, 432.
Men wounded or missing, 18,070.
For the week ending September 18
British army casualties amounted to
27,164. The report for the present
week includes the operations in Flan
ders last Thursday when the British
made a considerable advance, while in
the previous -week there was no mark
ed infantry activity on any British
front.
REPUBLICANS WIN OFFICES.
Road Commissioners of Ingrams
Township Declared the Victors
by Supreme Court.
Last Fall the returning board de
clared that the Democratic nominees I
for road commissioners of Ingrams
township were entitled to the election
certificates, even Chough they did not
receive a majority of the votes cast.
The Republicans had placed on their
ticket three Republicans and because
of this the ticket was thrown out by
the returning board, which claimed
that the ticket should have been
composed of members of both parties.
The ticket put out by the Democrats,
headed by John W. Sanders, was de
clared elected. The Republican tick
et headed by John T. Cole, went to
court and the Superior Court gave
the offices to them. An appeal was
taken to the Supreme Court with the
result that the lower court has been
affirmed. S. S. Holt and J. D. Parker
represented Cole and his associates,
while the Sanders ticket was repre
sented by F. H. Creech and Abell &
Ward.
Union Meeting at Antioeh Church.
The Baptists of this county will
hold a Union Meeting next SaUiudav
and Sunday at Antioeh church iri^^P
northern part of the county. An inter
esting program has pi"<|
sent out and a Iar^attemfSSk. is ex
pected. . ,
The American people can enable the
French to maintain their one ounce
per day per capita consumption of
sugar by reducing our consumption
one-third.
CHANGE IN BIG ARMY PLANS.
First Draft of National Army Dot's
Not Supply Adequate Number
of Soldiers.
A Washington dispatch, dated Sep
tember 20, says:
There is little doubt that a large
deficiency of men will be shown when
the first increment of the National Ar
my ? 687,000 men? has been mobilized.
Seventeen National Guard divisions
must be brought up to war strength
and several special service forces or
ganized out of this reservoir, so the
number of drafted men remaining at
the cantonments hardly will be suffi
cient to organize the sixteenth Na
tional Army divisions at a full
strength basis. Whether incomplete
divisions will be formed or a call for
more men issued has not been indi
cated.
Secretary Baker said today that
definite figures as to the number of
National Army men it would be nec
essary to transfer to the National
Guard were not available. Not only
are these divisions being organized
for the first time, but in the midst of
that mobilization, the whole fabric
of the infantry army is being reorgan
ized on the new trench warfare plan.
The fighting strength of the new
division is now fixed at 27,500 men.
The seventeen guard divisions on that
basis will have a total strength of
47,500 men.
The guard probably brought into
the federal service a total of not more
than .'100,000 men, possibly less. It
will take, therefore, at least 137,000
National Army men to fill up the
guard division. Another 100,000 of
the National Army will go to the air
service and certainly as many to other
special services. That would leave not
more than 250,000 men to form the
sixteen National Army divisions
which should have an aggregate war
strength of 433,000.
Secretary Baker pointed out today
some of the difficulties that attend
the reorganization of the National
Guard for war purposes. While the
sixteen divisions plan for the Guard,
since extended to seventeen with the
organization of the 42nd, or "Rain
bow," division, as an old one, the
whole fabric of the divisions has
been changed. With the adoption of
the European regimental and com
pany standard, every guard regiment
which was to be included in a divis
ion, had to be expanded. Regiments
and parts of regiments are being con
solidated to furnish the 3,000-men
regimental units now desired.
EIGHT MOKE (JO TO COLUMBIA.
The Last Contingent of the 40 Per
Cent for District No. 1 Went
Wednesday.
The concluding contingent of the 40
per cent called from Johnston District
No. 1, left Smithfield Wednesday for
Camp Jackson at Columbia. They
went in charge of Brr.gsdon Johnson.
They are as follows:
James H. Clifton, Four Oaks.
Robert P. Whitley, Smithfield.
Sidney G. Barbour, Four Oaks.
Madison B. Porter, Benson.
Bragsdon Johnson, Smithfield.
Derius Thomas, Smithfield.
Walter R. Strickland, Benson.
Dudley Norris, Benson.
ELEVATION NOTES.
A large crowd from our section at
tended the Association at Dunn Sun
day.
Mr. Ralph Medlin and sister, Miss
Bell, went to Benson Saturday.
Mr. Allen and sister, Miss Earl
Johnson, accompanied by Miss Lillie
Parrish, of Barbour Town, passed
through our section Saturday.
Mr. Arthur Stevens was a visitor in
Pleasant Hill section for a few houre
Sunday night.
Mr. Decker Creech, of Pleasant Hill,
has been a welcome visitor in our
section collecting Truck Farm seed
for the next season.
Miss Laylon Strickland spent last
Sunday visiting Miss Corinna Creech.
. Messrs. J. A. Creech and T. E. Bar
flfljftr, of Four Oaks, motored through
JHr section Monday.
Mr, and Mrs. J. B? Lee* of Middle
Creek section, were"1 tors at Mr. J.
P. Strickland's Sund^J-.
Benson, Route No. 1.
Count always your highest mo
ments your truest moments. ? Phillips
Brooks.
GASTON MKANS GOES TO JAIL.
Waived Hearing and Held Without
Hail for Action of Grand Jury. Did
Not Want to Face Charges in New
York.
Concord, N. C., Sept. 25. ? Gaston
13. Means waived examination in the
midst of his preliminary hearing be
fore a magistrate here late today and
consented to be bound over to the Oc
tober term of the Cabarrus County
grand jury on the charge of having
murdered Mrs. Maude A. King, of
New York and Chicago. Magistrate
Pitt ordered him held without bail.
Cousel for Means stated at the
hearing that they had been informed
that threats had been made that "New
York officials here had brought extra
dition warrants to take the defendant
back to New York" on "some undis
closed criminal charge" and they felt
he would be safer in the custody of
the sheriff of the county.
It was also announced that Means
did not mean to run the chance of
facing charges elsewhere with an un
settled murder charge against him in
North Carolina. This charge, his
counsel said, would be cleared up at
the trial.
The agreement came after counsel
for Means had made an unsuccessful
attempt to get possession of papers
and documents seized by District At
torney Swann's representatives in
Means' New York apartment and was
accompanied by a lengthy explana
tion by the defendant of his reasons
for abruptly ending his fight in the
magistrate's court.
The Church and War.
"I believe God's displeasure is rest
ing upon Germany because of her dis
belief in His Word, because of her
disbelief in the divinity of His son,"
declared Rev. J. Wilbur Chapman, D.
D., to a large Montreat audience dur
ing the course of a sermon in which
he was making an appeal for the
Church to do its full part in keeping
the covenant which God has establish
ed between the Church and Himself,
reports a correspondent of the Ashe
ville Citizen.
Dr. Chrpman made a number of ref
erences to the war and its relation to
the Church in his sermons during the
evangelistic period at Montreat.
Speaking of America and the war, he
said that America had reached the
time when it had gone pleasure-mad,
had been blinded by wealth, had lost
its hold upon Christ and had forgot
ten God and His word, and that God is
speaking through the numerous other
calamities that have befallen the
country in recenf months and is urg
ing men and women to hear Him
when He calls. If they will hear, He
will bless, but if they will not hear,
they will be brought f^ee to face with
the judgment seat of Christ. He said
further in this connection that the
time had come when the Church had
lost the consciousness of God, had
lost the power of prayer and some
ministers had pushed God into a sec
ondary place, and that no Church or
no nation can prosper when it crowds
God out of its life.
Dr. Chapman has expressed the
opinion that the present war will not
end until the power of God intervenes
and brings it to an end, and he urges
that the great question before the
Church in this regard is how to se
cure the favor of God to the extent
that He will bring His power to bear
in the near future and end the trag
edy of battle. He insists that His
favor cannot be secured until the
Church so humbles itself as to give
God the first place in its life, which
is its rightful place, and lives so
close to Him and in such harmony
with His will that He will assert His
power to bring peace to the earth
and will "in wrath remember mercy."
? Selected.
FLIES FROM ITALY TO LONDON.
Lavreati Covers 606 Miles in Seven
Hours and Twelve Minutes.
London, Sept. 24. ? Captain Laurea
ti, of the Italian army, accompanied
by an observer, today made a non
stop airplane flight from Turin, Italy,
to London. He covered the 656 miles in
7 hours and 12 minutes.
Captain Laureati on August 29 es
tablished a new world's long distance
record when he flew from Turin to
: Naples and return. The distance was
about 900 miles.