Newspapers / Polk County News and … / Nov. 1, 1923, edition 1 / Page 8
Part of Polk County News and The Tryon Bee (Tryon, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
ILLEGED SHU SETS NEW H COURT HOLbS THAT DRUNKEN NEGRO COULD NOT HAVE NEC- ' SARY INTENT. OPINIONS OF SUPREME COURT Case of Bank of Varina Afjainst N. L. Shearon Goes Bock For New Trail. Raleigh. Omission of degrees of guiU in the court's charge to J >"7 brought an or S. ZJZ in Franklin county superior court last May tor first degree 1?urRlary ' justice Stacy, writing the majority opinion for tho court, find, .reason to justity a lighter degree n the ^ i>f intoxication and v Clark, dissenting vigorously opposes ^??Wthout' the ulterior felonious in lent writes Justice Stacy, "the crime burglary as chared would not be complete, and if the prisoner, without any prior criminal intent, were so drunk at the time as not to know where he was or what he was doing, and had no Intention of committing a felony in the dwelling house, as al leged. whatever his oftnese. he would not be guilty of burglary in the first degree because of the absence of an assentlal ingredient of the ">me Chief Justice Clark declared, on the other hand, that if drunkenness "were a valid precedent as a defense it would leave our women unprotected in their homes at night at the mercy of any brute who will testify, or even prove, that he was partially intoxi cated " The court sends back for a ne trial the case of the Bank of Varina * against N. I- Sheaf on. which is simi lar to several cases now standing for trial on the calendar of the Wak* County Superior Court. In this case ,the bank secured judgment for $2,o00 ;0n a note originally given for stock in the Cumberland Railway and Power Co., now defunct. The court holds that there was error on the part of Judge E. H. C ran me; in excluding certain testimony tending to show collusion between the bank and pow er company. There is also a dissent this case. Justice Etavy holdi.ig that the question of fraud was fully determined by the jury. The following opinions ' were hand ed down: Carolina Tower Company vs. Hay wood. et al. Chatham, aiffrmed. Dill Cramer Truitt corporation vs. ^Raynolds et al, Onslow, reversed. Overland Garage vs. Hardee, Le noir, no error. State vs. Allen, Franklin, new trial. Richardson vs. Egerton, Franklia, modified and affirmed. Ferrell vs. Southern railway, et al, "Wake, no error. Rank vs. Sherron. Wake, new trial. State vs. Oliver, New Hano\er, af firmed. Blue vs. City Wilmington, et al, New Hanover, reversed. Layton vs. Godwin, Cumberland, ap peal dismissed. Horton vs. Horton, Durham, revers ed. Jones vs. McKeel, Greene, judgment affirmed, without written opinion. Suggs vs. Oakley and Cannon,, Pit*, judgment affirmed without written opinion. To Investigate Pension Frauds. State Auditor Baxter Durham and Treasurer Ben Lacy have been sub poened to place before the Sampson county grand jury certified records of the list of pensioners and pension funds paid out for that county, it was learned. The Sampson grand jury is investigating alleged irregularities in the administration of the pension fund, follwing up reports to State Auditor Durham several weeks ago that pen sion checks for Confederate veterans dead for three years had been endors ed. Following the discovery of evident irregularities jin the administration of the fund In that county, Major Dur ham ordered a checking of the vital statistics records for the county on file in the state department Of health. This work is reported to have reveal ed the names of a number of deceased veterans whose names had been re tained on the county list and for whom checks had been regularly issued, these checks later being endorsed and cnshed -by some person not designated. Governor Comimsslons Notaries. The following notaries of the public have been commissioned recently: L. P. Benton, Evergreen; J. L. Rob inson, Whiteville; Horace B. Blantoi, Maiden; L. V. Coinor, Chadbourn; H. L. Embler, High Point; R. G. Ferrell, Asheboro; W. J. Armfield, Jr., Ashe boro; J. J. Friday, Worth; Miss Blanch Hancock, Selma; Fred Beiss ler, Salisbury; Miss Marie A. Link, Salisbury;; B. H. Isenhower, Salis bury; T. B. Van Poole, Salisbury; W. S. Lyon, Greensboro; A. S. Newcomtt Pinehurst. Marty Apply For Motor Tltlet, Approximately 10 per cent of the automobile owners registered in North Carolina have complied with the new State law, effective October 1, for tha registering of title, according to J. B. Sawyer, motor supervirfbr for tha State Department. Complaints, criticisms, many of them of a facetious nature, and some of them born of misunderstanding of the purposes of the act, are reaching the department, but not in numbers impressive enough to cause alarm to Secretary of State W. N. Everett, who 1 believes that the act will do tmuch to protect automobile owners from theft. The anti-motor theft act, introduc ed in the last General Assembly by Senator Charles U. Harris, of Wake and passed without substantial oppo sition, provides for (he registration of automobile title with the Secretary of State at a fee of $1.50. Certificate of title furnished the owner of an automobile when application properly filled out with the descriptive matter called for by the act, is good for the life by the car or as long as it is the property of the Ifolder Aof title certificate. Upon the sale of the ve hicle so registered, the seller endorses the title card over to the purchaser, who files it with the Secretary of State, and in return 'for the regisra tion fee receives another card certify ing to his own title. The old card is filed by the Secretary of State and will permit a trace of title of any automobile. Under the new law, no application for automobile license tag will be hon ored unless the applicant can show title. And the real coniplaitn against the new law, if there is to be any ?substantial opposition to it. officials believe, will come when the depart- j ment is forced to wtihhold certificate of title. "Who would think of driving up a two thousand dollar piece of real estate to the curb, if such a thing ia imaginable, and running off to leave it to the whims of any passing thief, without so much as a deed to show ownership?" asks Joe Sawyer, who can see no reason for opposition to the law. ; Power Petition Hearing Nov. 12. Ten o'clock on the morning of Mon day, November 12. was announced by the North Carolina corporation com mission as the hour and the date for the beginning of the hearing on the petition of the Southern Power com pany for permission to increase its rates to an extent allowing " a fair return on the capital invested." The petition of the power company was presented to the commission hy a representative of the company fol lowing a statement by J. 1J. Duke, president, at Charlotte, that he was through with the development of power plants in this"%tate unless per mission to increase rates on hydro electric power was granted by the corporation commission, which, follow ing a hearing in 1921, set the maximum rate chargeable at 1.25 cents per kilo watt hour. 0 An increase in rates of about 10 per cent is asked in the Southern Power company's petition now before the corporation commission. Notice has been given to consum ers of hydro-electric power of tl:o state of the Southern Power company's petition and persons opposing the re quested increase in rates will be al lowed to appear before the commit s.ion at its hearing here beginning November 12. A committee of citizens from Hick ory, headed by J. D. Elliott, president of the Hickory Chamber of Commerce, and H. W. Link, secretary of tfco chaber, appeared before the commis sion and presented a resolution adopt ed by the directors of the Hickory commerce body endorsing the reque.t of the Southern Power company fc r permission to increase its rate tj such an exten as will enable it t) "pay a fair and adequate return upon the capital invested." The corporation commission also received a copy of a resolution from the Marion Kiwanis club, Marion, fav. oring the granting of permission t) the Southern Power company to in crease its rates if an increase is net essary to the further development q> power plants in this state and permit a "fair return on the capital invested.'' Report of Board of Health. The state board of health issue 1 its second quarterly eight cents i i the earning on the dollar invested i i county health work in 22 counties, c*> operating with the state board. Pet the second quarter, the average ean> ing per dollar was given as $1.54, a; compared with $1.45 for the quarter previous. The earning is estimated on a basi? of work accomplished during a give i period with reference to the costs. Cabarrus county lead the list 1 2 the counties making the largest ear.i ingSjWith $2.24 per dollar invested. New Corpoartions. chartered by the Secretary of Stat* : Clinard's Art and Gift Shop, Inc., Winston-Salem, VMth $100,00 authe ? ized capital and $1,250 subscribed I y R. R. Clinard, Mrs. Theodore Clina. d and W. H. Clinard, all of Winstc >? Salem. Potter Tow Ilot Company, of f9' 1 mington, with $50,000 authorized ca > ital and $5,500 subscribed by L. D. Potter, Walborg L. Potter and Davd H. Scott, all of Wilmington. I "Extinct Species" Brought to New York Froni the South Sea Islands. New York? More than 10,000 speci mens of multi-colored birds from the South seus, . including 30 varieties hitherto unknown to ornithology, and uiany more of which only one or two examples had only been vaguely heard of, arrived in New York recently in the custody of Hollo 1L Beck, an ex perienced naturalist and collector of marine birds, who has been cruising among the islands of the southern Pacific f<>r the last three years in change of the Whitney Ornithological expedition, lie has covered 20,000 miles and visited, nearly 100 islands in Polynesia and the Ma/quesas. This collection, noted for its scien tific value and beauty, now is in the Museum of Natural History here, and is being catalogued, appraised and classified by I)r. Robert C. Murphy, assistant curator of birds at the museum. It will be some time, Doc tor Murphy told a representative of the Christian Science Monitor, before Mr. Heck's collection will be ready for public exhibition, but it is already obvious, he said, that the specimens Irought back will provide . a valuable addition to ornithological data. Strange Species Found. One of the outstanding discoveries made by Doctor Heck was that Envi ronment and isolation have a marked effect on the development of birds, both in color markings and in organic structure. Birds of the same family discovered on one island were found to be quite different from those only it few miles away. Very often two birds of the same genus found on dif ferent islands would differ In size or their beaks might vary, or the color markings of one would be of a deeper shade ajul more pronounced than those of the other. The expedition has brought back many elmens either totally un known np to the present or which have oeen studied only from photographs or written descriptions. For Instance there is I Vale's Petrel, discovered by Titian IVale in 1N.S8 and not seen or heard of since, <jf which several speci mens were secured by Doctor Heck. It Is a dark, demure little bird, and ys one turns it in the hand mysterious greens and blues and brownish blacks are seen. The Polynesian sandpiper, a small, pert thing, whose feat lit rs are white, mottled with a peculiar pale brown, was up to a few days ago only known to the world through live carefully guarded specimens. Doctor Murphy proudly exhibited nearly half a tray ful. Doctor Heck also found a rare variety of cuckoo which, according to some accounts, is parasitic and lays Its engs in the nests of the brilliant fruit pigeons and the sagacious look ing terns. "Extinct Birds" Found. Doctor Murphy pointed out that sev eral of the forms discovered by the i Whitney expedition had been listed as "extinct birds" during the early years of this century. The Christmas island warbler has never before been i represented in any collection and was known to ornithologists only through | a description now found to be at fault. The museum ut Turin. Italy, is the only collecting agent y that has fore stalled the Natural History museum In obtaining the fruit pigeon from ltapa, whose distinguishing feature is a crown of crushed raspberry sur rounded by a narrow circlet " gold. If would take a fair-siz< . book to describe the splendor and the beauty of Doctor Heck's collection. There are the parrakeets, blazingly bright ; there Is the red-tailed tropic bird, whose feathers have a pearly sheen tinted | U. S. Tars Had Busy X % Time During Quake f Washington, D. C. ? Biuejack I ets proved their diversity in the J Japanese earthquake zone by Z performing as firefighters, car 7 penters and safe crackers, and ? 4? doing relief work, in addition to * t their regular duties. Details of * ? the activities of the ' American <& J navy, first to arrive in the strick- ? + en area, are contained in re- * % port received by Secretary Den- J J by from representatives of army J * relief in Japan. Ilere is what * i the bluejackets did: J Cleaned up American con- ? f sulate in addition to rescue * o ' ? work among survivors, and es- * J tablished it anew. * ? .Searched for arid Jjuricd Amer- & ? lean dead. " ? ' M ? <? Cracked safes, securing vaiu- * a ables and securities for Ameri- J J can and foreign firms. ? ?> Furnished water for all Amer- *? j lean ships touching in Yoko- ?> ?> hama and for Americans and % A - ? army hospital ashore. *f ? Fought fire on one American ?> ? ship. * ? Succored two other ships bro- ?> J ken down and repaired machin- * *? ery so they were able to pro | ceed. * T. Furnished supplies and food to * <? embassy and relief organizations ? J until arrival ofc army transports. <* ? % with a delicate pink glow; green teals; the blue-sky kingfisher, and the most striking of all, the fruk pigeons. Every color In th? rainbow scintillates from the fruit pigeons in Doctor Mur-' phy's office ? moss green, deep, deep crimson, orange b^rnt dark by the sun, and. an endless number of lilacs, mauves, and pale purples. MARINES GET A GIANT W- ? v ? Knierson Gaines Martin, who me::*- ! ures seven feet three inches in his ! stocking feet, is shown applying for acceptance as a member of the Marine corps in San Francisco, recently. Hi:* five and a half inches of excess height j will have to be waived by the major general commandant of the corps if lie is to get his uniform. Miners Alive After Being Entombed 9 Days FalKirk, Scotland. ? Buried alive for nine days, five of tire forty-one miners entombed by an explosion in a coal pit near here were rescued. They were brought to the surface in fairly gooi condition and their remarkable escape from death has raised the hopes of the relatives of the others imprisoned. The searchers were re doubling their efforts. The first thing the rescued men asked for was cigarettes. They said all they had to exist on was water after the first day. when the supply of bread gave out. land Formation Tak Shellfish Aid Mother Nature in Long Process of Cutting Huge Cliffs. Boston, Mass. ? The sand upon which you bask at the seashore is not a irady-iuade article, nor does it tind its way to the beach in a haphazard way. Sand Is one of nature's incst finished, products. It is the result of countless thousands of years of cease less work and a wondrous compound of a myriad ingredients. The microscope reveais to the scien tist that no two sands ajp? quite alike, though they may look and feel much the same as you walk over. them. Take a handful of that which sur rounds you and spread it out and ex amine carefully the tiny particles of which it consists. Many will be lit tle stones. Others are fragments of shells. And If ycu have sharp e\es you may find among" them numbers of beautiful unbroken shells, varying in size from that of the smallest pin's head to that of a pea. Shells Under Microscope. The smallest shells must' be seen finder a magnifying glass before their full beauty can oe arpreciated. They are the discarded homes of tiny creatures who wormed them into per fect cups and twists ani spirals and had the skill, even in the small space America Now Makes Large Lenses Wluit is claimed to be the largest lens ever made in America is shown here, with the chief lens maker in Uncle Sam's employ, John Clacey. Making of fine lenses was an unknown art here before the war and due to our supply being cut off, the govern ment set about making its own. What is called the finest lens factory in the country Is' located at the bureau of standards. \ available to Introduce a wondrous scheme of gay colors. The stones are infinite in their va riety. As the sun fali.s upon them they glitter and flash like so many* jewels. Many of them are jewels ? little chips of the less precious j stones, such as carnelian and the dif ferent crystals. Others are quartz, flint or granite. But you will notice ?one thing about all of them ? their edges are beautifully smooth. That j is why it is so pleasant to raniMe , barefoot over the shore, for the tiny, ! rounded grains feel as soft as a car- j pet. What is nature's method of making this mixture? Briefly, geology ex-; plains It as follows: She hurls thp waters of the sea at the feet of the great cliffs which guard the land. The force of tides and storms is so irre sistible that as attack follows attack the stoutest rocks are 1 chipped and cracked. To aid the waters she makes use of ? boring shellfish, whose file-like tongues weaken the stones by eating tunnels ' into them. As the centuries pass? and time to nature is a thing that does not matter ? fragments large and small are torn from the rocks and faH to the beach below. Battered Against Cliffs. Ilere they are rolled and ground j and rattled against each other by the tides, being split gradually into smaller pieces and having all their edges worn smooth by their constant j movement. Once a few chips have , been wrenched from the cliffs the work of the tides become easier. The water picks up these fragments and hurls them like battering-rams at the : rocks. - J And now nature begins to sort^out her ingredients and arrange 1 the stones so that they are graduated in order of size. You will find close tQ the cliffs a coarfee gravel composed of stones as big as oranges. Nearer the water's edge they grow less and less in size. Coarse gravel is followed by flne, and fine gravel by sand. As the stones are split and torn the larger fragments resist the pull of t"he water and therefore remain close to the cliffs and the smaller ones roll farther and farther out with receding tides. During a storm the waters of a sandy bay may look # like pea soup, owing to the tiny fragments they are carrying. In some places the tides pick up the sand and remove It as fast as It ! Is mode, carrying it away, to deposit it on other beaches. That is why some shores are sandy while others are^hot. And when nature lays down her car pet of sand she mingles with It the ' shells great and small for which her tiny creatures have no further use. Argument for Industry. Old Hen ? I'll give you a piece oi good advice. Young Hen? What is it? Old Hen ? An egg a day keeps the butcher away I ? Progressive Grocer. Mr*. Quill un Tells How Pinkbam' r> V egetaWe Saved Her a* - M OmtA Muako(Tc!:^' big for eight' '"?Ijsttb.., r-.^arjii, Hci'.f- sti ^ 1 well and stror wo an or* I?r \,h'lr?l II ;. PirAham-gi '"i1 ^Compo^1 ' in saw ? jj where g0r " ';! tad ? ? Sa 1 did &r,(j. ------- ? < V- ;;lak;n?M5 etable Corn;.n-.ir. ... .'led to it would do f> i ? ?. -.r. i before , finished the :? U.ttle i Va3 better, the \w, .: . -? ;iH-d arjrtj severe pair * i'1 ' ? i- left nve ^ am now muo .. r. :^>r and dojnyi work and work fuctorvbea am still takipj? t'-. V. ^?table'Cornp., and give it ail t : ? : a ? ? .-."-Mrs .Ka QUILL0N,17 Mu:r.. -I.. Muskegon,, Women she;! i h-cd such warns gymptoms as h .'-down pains a}| weakness, for they :r: ?-?at.e srme femaJi' trouble, and a :?'< nt and faithfi use of Lydia ?:. 1' r. Vc^vJ Compound will sel>:"t:; fail to helu. i Wc r V i "Will you: lejr<**r" "Ho ; ! i i n ; - Coriito^i ? ! !. to study, I>1|' | . hopes the foot' : u out liiin." '? ? j. ' ?T " c.j i . , , .1 '? n? ? %\ Hairs Catarrh Medicine local and internal, and has been succesv ful in the treatment of Catarh for ova forty years. Sold by all druggists. I F. J. CHENEY &. CO., Toledo, Ohio! Pri"e MalariaOut oftheSysteni A GOOD TONIC AND APPETIZER | CONTAINS NO (yl'lNINF. Special Of te r: Mail this n<iv?-r\-'rrer.t with 60 cts. for a f.ill size h*U!?- to th- r^Traajr, Washington, D. C. "Monty L a0.\ 11 That's Simple. II(! ? I can'i i *\ j ? :.,v |i\> words. She ? Perhaps y.ui .-an in The trouble with j- that knows n<) Nearly everything in Kur"!?- i< pr-v nou need some other way Sure Relief FOR INDIGESTION (NDWESWIj 6 Bell-ans Hot water Sure Relief D?LL-ANS 25$ AND 75i PACKAGES EVERYWHERE Toothache Instantly Relieved docwy retarded. A cctr.^r.t trat ^#-alH up th* cavity. ( A ijw.t.'tl formula) not merely a ten i ? raTF relief, hut a rml tilling f ?r tr.? tooth, w hich will la.-t !'?r or months. Do r.ot md'.:* with t'*.thach?? <iT"P8- rr wax, which brings on.y u'"~ norv relief. Sufficient fu?" t^reo CLIFTY Don't Cut Out a Shoe Boil, Capped Hock or Bursitis for I will reduce thern and leave no blezi-l I ishes. Stops lameness promptly DOM not blister or remove the hair, and I horse can be worked. $2.50 i I delivered. Book 6 A tree. /W. F. Yoang, Inc., 5 10 Lima St., SpragSdQIut-J green mountain ASTHMA COMPOUND qiiM-.f 59&S HSTH0& COM-Gy nC tliroi" Dr J 1 liOX " ran1-' on r> ' dmprfristH. J. H. Oni?? .oti i > * HA&iES l0VE 1D P]eaeant to .:e./ vei' take. Guars' h?rrr ' ?tableandu - j * t co.;r. J It quici dlarrhc , other *( The open P forinu.a f <r.rs !?r fi shed oQ ery Ubcl ? AiAilDW
Polk County News and The Tryon Bee (Tryon, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 1, 1923, edition 1
8
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75