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The Rocky Mount Herald VOLUME 2, NO. 30 I Peanut Cases r In Court Now Proceaaora Seek To Have AAA Tax Invalidated By Judge Johnson J. Hayes v ' Greensboro, July I.—Of the 28 -cases contesting the validity of the .government's right to levy process ing taxes as part of the new deal basis of benefit payments to farm ers under AAA crop control pro grams, which are t'o come up Mon k day before Federal Judge Johnson J Hayes here, interest centers largely around the effort of Eden ton peanut processors to have made permanent temporary injunctions al lowed by Judge Hayes last Thurs day. /; The Albemarle Peanut Conjpany and Hie Edenton Peanut Company are the complainants in the action ■ brought to restrain Internal Reve ►jf nue Collector C. H. Robertson, of 7 this eity, from collecting the tax in question. I The Albemarle company seeks in- I junction against the collecting of I $14,433.94 for March and April tax es and the Edenton company would enjoin collection of $3,300 fcr May and June. A companion action to compel the return by the government of the same taxes paid since the passage of the AAA act last year is, also, expected to come up before Judge { Hayes. The main point at issue, however, will be to have the en * tire tax question thrown open so it may be carried into a higher court where the constitutionality of the entire AAA levy may be finally passed upon. In the papers already filed with ¥ Judge Hayes and upon which the temporary stay was based last week W. D. Pruden, as counsel for the Edenton complainants, sets forth that the power to control agricul tural production, no matter what the commodity, was not specified by the Constitution, and that the dele gation of such power to the Secre tary of Agriculture was Unlawful Recent comment in support of this contention by Federal Judge Luther 'B. Way, of the Virginia district, is further cited, Judge Way holding in a similar action brought by Suffolk, Va., peanut processors that the pro cessing tax violated the process clause of tho Constitution, and that a (;est case as to the validity of all ) processing taxer put into effect by e' the AAA was most desirable. Against this brief AAA attorneys 1 have argufed that the peanut proces sing tax was an excise tax of the same sort as that on liquor or cig arettes and that the payment or col lection cannot be restricted by le gal action. Textile and tobacco in terests have already acted to re strain the AAA program which is the foundation upon which rests all of the government's effort to re store agricultural prosperity and es tablish reasonable prices for farm , products. o * v Drive For Tob. Sales Is Started With near 30 business and pro fessional men in attendance at a barbecue supper served in a local warehouse, Rocky Mount launched a drive tonight in behalf of its to bacco market. State Representative W. E. Fen ner and F. P. Spruill, and J. C. Braswell and M. F. Jones, bank ers; A. L. Tyler, local merchant; Mayor T. W. Coleman; I. D. Thorp, attorney, and president of the cham ber of commerce; George Burton, president of the Tobacco Board of Trade; M. R. Robbis, insurance man, and others took the stand to offer words of encouragement for the success of the local tobacco t market. Cooperation between the tobacco nists, the merchants, and local citi zens in boosting the market, were headlights of the program. Mr. Spruill presided over the meeting and called upon the various speak ers. o * Welfare Body Opens Cannery Wilson, July 23.—A community cannery, to be operated by the Wil son Welfare Association, under tho direction of Mrs. Jeanette Grainger, began operation here Tuesday morn ing on South Lodge street. The cannery will be used to put up fruits and vegetables to be used in relief this coming winter. The work will be carried on under Grainger's supervision, and will be' carried out on a share basis be tween the welfare society and the producer. Canning of tomatoes was started Tuesday after 70 bushels of the vegetables had been brought for canning purposes. The welfaro association, according to Mrs. Grainger, will provide the cans and the cooking facilities and the help while the farmers of the section will provide the vegetables. o HOPING Well, here's hoping we don't have to read all the Dionne quints say when they begin to talk.—Philadel phia Evening Bulletin. Auto Victims Laid To Rest Final Rites Held In Farmvllle Yes terday For C. C. Harris And His Wife Farmville, July 23. —Funeral ser vices for C. C. Harris, 30, engineer with the city power service, and his wife, Mrs. Lena Bundy Harris, 22, who were killed in an automobile accident near Crisp last Saturday night, were held here yesterday af ternoon from the home of Mrs. Har ris' father. Burial took place in Farmville. Funeral services for Paul Wilmer Alford, four, who was killed in the same accident, were held in Tarboro yesterday afternoon. Burial took place in Tarboro. Mr. and Mrs. Harris and the Al ford child were killed in an auto mobile wreck about one mile from Crisp late last Saturday night when the truck which was driven by Ray mond Harris came in from a side road to run into the other car. The car had seven people in it. Those injured, all of whom are receiving treatment at Tarboro hos pitals are: Miss Polly Bundy, 17, sister of Mrs. Harris, who was re ported as having a fractured skull and cuts about the face; Mrs. P. W. Alford, whose condition is said to be "extremely critical," with a fractured arm and leg; C. C. Harris' two year aid son, James Craig, whose injuries are not considered likely to prove fatal; and P. W. Alford, Sr., not serious, presumably. Raymond Harris, who is a resident of Sparta, was held in the Tarboro jail in default of $5,000 bond. Edge combe Sheriff W. E. Bardin, of Tar boro, and Coroner J. G. Baby, al so of Tarboro, are quoted as de scribing him as "drunk." C. C. Harris, who is a brother of Charles E. Harris, composing room employee of The Evening Telegram in Rocky Mount, died Sunday night while his wife died Sunday of a frac tured skull and the Alford child died shortly after it was brought to the hospital Saturday night. Francis Quigley Killed In Ga. ACL Timekeeper Dies By Rifle Shot At Hla Home In Savannah, Ga. William Francis Quigley, 43, chief timekeeper of the Atlantic Coast Line Railroad company, of Savan nah, Ga., and formerly of fipeky Mount, was killed at his residence early this morning by the accidental discharge of a rifle, according to Associated Press reports from Sa vannah. Mr. Quigley, who had been sta tioned here until two years ago as chief timekeeper, died from a .22 rifle bullet which entered his left side near his heart. The accident happened as he was preparing to go to his office. A child in the neighborhood had left tho rifle at his home. Se decided to put the gun away until it could be returned to the owner, police said they were told. Mr. Quigley was putting the rifle into a clothes closet when his wife, in the front of the house, heard the shot. Police said the rifle had struck the edge of a trunk. He had worked for the Atlantic Const Line Railroad 24 years, and! was a native of Washington, D. C. Funeral arrangements were incom plete this afternoon pending the ar rival in Savannah of Miss Julia Quigley, of this city, his sister. Besides Miss Quigley, his sister, he leaves two other sisters, Mrs. E. C. Johnson, Chicago, Illinois; and Mrs. Kate Zier, Washington, D. C.; a brother, E. T. Quigley, Dunn; as well as his wife, Mrs. Quigley, and children, Miss Frances Quigley, of Rocky Mount, and Mildred, Julia Ann, Patricia, and Betty Quigley, all of Savannah. Cyclone Mcuck Buried In S . C. Beunettsville, 8. C., July 23.—Fu neral services will be held here to morrow morning for Baxter P. (Cy clone Mack) McLendon, nationally known evangelist who died suddent ly at his home here last night. Death was due to a heart attack, physicians said. Only recently he had returned from Oklahoma City wjiere he con ducted a revival. Survivors include his widow, four sons and two daughters. He will be buried in McColl ceme tery. •O 1 r ELECTROCUTED Detroit. —Margaret Patzsch, 63, was electrocuted while gathering worms for a fishing expedition. Us ing an electrical device stuck in the ground to force the worms to the surface, she was killed when it short circuited. TO PLY TO ALASKA Moscow.—The noted Arctio flyer, Babushkin, is expected to fly across the top of the world to Alaika. He u with a Soviet expe dition So the Polar regions. ROCKY MOUNT, NORTH CAROLINA, FRIDAY, JULY 26, 1930 Mrs. W. D. Smith Laid To Rest Well-Known Local Woman Is Dead After Six Months Illness—Rites Today Funeral services for Mrs. Lenora Smith, 48, who died at a local hos pital late yesterday afternoon, were held this afternoon at three o'clock from the home, 828 Peachtree street. Rev. T. E. Walters, pastor of the North Rocky Mount Baptist church, officiated. Burial took place in Pine View cemetery. Mrs. Smith had been ill about six months prior to her death. She was a member of the North Rocky Mount church for nearly 40 years, and was very active in her work with the primary department. She was also a member of the Rebeeca lodge, and was left supporter to th eNoble Grand. Surviving are: her husband, W. D. Smith, and four children, George A., Mack M., B. H., and Geraldine, all of this city; one brother, E. A». Wil liams, of Conway, S. C.; four sisters, Mrs. Mamie Bell, of Enfield, Mrs. Georgia DeVault, of Goldsboro, Mrs. Maggie Mencher, of this city, and Mrs. Betty Atkins, of Holyoke, Mass. Active pallbearers included: G.«C. Reede, J. T. Leason, O. P. Hedge peth, H. A. Whitaker, J. H. Orr, and G. P. Womble. Honorary pall bearers included: Henry Harris, El liott Dudley, P. J. Neal, F. G. Bates, L. C. Kelly, Sr., O. C. Vann, R. W. Griffin, H. L. Griffin, B. F. Taylor and D. W. Knight. The local lodge of the Rebeccas had charge of the flowers. MRS SMITH IS LAID TO REST IN WINDSOR Windsor, July 23.—The funeral of Mrs. Maggie Rhodes Smith, wife of W. R. Smith of Merry Hill, was conducted from the home on Sun day afternoon at four o'clock. Mrs. who was in her seventy third year, died on Saturday morn ing, following a long illness. The funeral was conducted by Rev. T. W. Lee, pastor of the White Oak Methodist church of which Mrs. Smith was a member, assist ed by Rev. Mr. Hollowell, pastor of the Merry Hill Baptist church, and Rev. E. C. Kolb, pastor of the Windsor Baptist church. The active pallbearers were Ru dolph Smith and Randolph Dhite of Windsor; Cyril and Paul Smith of Merry Hill; Billy Thompson of Woodville, and Billy McLean of Washington. These young men are Mrs. Smith's grandsons and grand sons-in-law. Mrs. Smith was laid to rest in the family cemetery amid a large con course of sorrowing relatives and friends. Her grave was heaped with flowors, significant of the pure and lovely life she had lived. E. S. Askew Is Dist. Director Windsor, N. C., July 2. E. S. As kew of Windsor was recently chos en as director of district 1 of the works progress administration in North Carolina with Elizabeth City as the unit's headquarters . Personnel for the office of the WPA in Elizabeth City has not been announced. Rirector Askew will have responsibility and author ity to select his own office force, which selection is expected to be gin immediately. Counties composing district 1 of the state WPA Vre: Pasquotank, Camden, Currituck, Gates, Hertford, Bertie, Northampton, Martin, Wash ington, Tyrell, jbare, Chowan, and Perquimans. Tarboro Post Elects Officers Tarboi'o, July 23. J. Watson Smoot, business man of this city, has been elected commander of the Eason Tiney Post of the American Legion to succeed Scott Winstead of Pinetops. The other officers are, first vice commander, S. S. Nash; second vice commander, Fred Phil lips; third vice commander, Dan Anderson; adjutant, Harry H. Hicks; finance officer, Harry H. Hicks; service officer, A. C. Spier; guardianship officer, Lyn Bond; ser geant at arms, Ned Ellis; chaplain, Rev. N. E Gresham; historian, R. 1 B. Peters, Jr.; athletic officer, Geo rge Earnhardt, child welfare officer R. B. Peters, Jr., Americanism offi cer, Miss Mattie Shackleford; grav es registration officer, Miss Shackle ford; employment officer, A. O. Ma dra, membership officer, Ned Ellis, publicity officer, H. H. Hicks, sons of American Legion, Miss Shackle ford. CRASH CAR; SAVE MAN Dcadwood, S. Dak.—Major Gener al Roy D. Keehn was saved from burning to death after an automo bile accident by rescuers who crash ed in the top of his burning mach ing and pulled him out. Nine poultrymen of Alamance County have had over 3200 birds vaccinated for fowl pox thi* sum mer. Did The Welfare Approve The Hanging Up The jury acquitted prison officials of the state prison system who were accused of inhuman treatment of two convicts as a result of which two convicts lost their feet. There is no question that these prisoners received most inhuman treatment, in fact, the verdict of the jury as we understand it does not undertake to justify the treatment but acquitted these officials upon the ground that they were carrying out orders and modes of punishment prescribed from the head prison authorities in Raleigh. The follow ing is the statement of Captain Little one of the prisoners being tried: H. C. Little, former Mecklenburg camp boss witnessing for himself in answer to a direct question said that he re garded the punishment prescribed for prisoners fro mhead quarters the "most inhhman thing" of which he had knowl edge. Asked why he continued to use the methods prescrib ed for punishment if he felt that way about it, Little ans wered that he was obeying orders given by "fine, educated people" that he thought had more sense than he. Now Captain Little made that statement in the court house and we have not seen anywhere, where this state ment was denied, so evidently the prison authorities did prescribe the hanging up of prisoners by their heands, in this instance for 9 days on bread and water as a diet and drugged from time to time with salts. The so called human act of abandoning the lash and substituting this new form of punishment is worse than jumping from the fryinb pan into the fire. These rules were said to be prescribed by the head authorities of th 6 prison system and as we under stand the rule these rules have to be concurred to by the commissioner of welfare and its board. Up to this time we have had no statement from the commissioner of welfare, Mrs. Bost. She has been silent in all the written languages. We cannot conceive of Mrs. Bost concurring in this mode of punishment and we would like to hape the views of the welfare department on this matter as we have not heard from them up to the present writing. The prison is a very difficult kind of problem and only the highest class people and of the highest character should be employed and it is the duty of the head of the highway and prison system to see that this class of people are put in charge. Mr. Roach has recently resigned as head of the prison and Oscar Pitts former member of the legislature has been put in charge. It now develops upon the highway board the duty to se lect men of the character and capacity to fill these positions and when they fail to do so, are they not themselves guil ty of gross derediction? TEACHERS SALARIES There seems to be some confusion over the proposed salary schedule of public school teachers and superintend ents. The public did understand that the teachers were to receive a 20 per cent raise and we are indeed sorry that there does not appear to be sufficient funds. Both chairmen of the appropriating committees senate and house when the shortage appeared made voluntary appearances before the committee and stated that they thought they had suf ficient money but we do not see how they could haVe been mislead because Dr. McDonald .presented figures during the session which showed that it would require more money tha nthey had appropriated to this. Now if any error has occurred, and apporpriating committee should assume its responsibility and not leave it on other shoulders. It strik es us however that the suggestion of Dr. R. W. McDonald that the money appropriated for the so called emergency fund could be used to take care of the deficiency and all of the teachers and superintendents would receipe their 20 per cent raise as the public understood they would receipa and then we would know that this money which has been appropriated for an emergency would be used for a good purpose for in times past this fund has been used in many in stances not for the purpose for which it was created but to take care of pet individual whims and politicians who may have received governmental favor. AAA ACT FINALLY PASSES SENATE The Agriculture Adjustment Act has finallv Dassed thp senate after a long bitter fight. There were certafn senators and congressmen who undertook to destroy the effect of he act which is so vital to the economical security of the farmer. It is known by everyone with the least thought that the prosperity of the farmer is absolutely dependent upon the farmer receiving a reasonable price for his products as the farmer is the originator of all wealth. There were senators who refused to vote for the act also the Bankhead Cotton Control Act and Kerr-Smith Tobacco Bill on the ground that it took away the individual life of the farmer Some of these same senators, among whom were Sena (Please turn to page four) PARAGRAPHS PROBLEMS AT Senate Passes AAA Measure Large Majority Shown As Measure Goes Through. Both N. C. Sena tors Voted For Bill In spite of the fact that he had been one of the critics of some of its features, Senator Bailoy join ed Senator Reynolds to make it unanimous for the State when the AAA bill, as amended passed the senate by the huge majority of 49 votes ,the count being 64-15. Pro ponents of the bill state that it continues all the features of the present act, overcomes those fea tures held unconstitutional. The Kerr-Smith Tobacco Control Mea sure, the Bankhead Cotton Control Bill, and the new Potato Control Bill, sponsored by Congressman Weaver and Senator Bailey, were all added as riders to the measure. Liquor Stores Opened In Pitt Greenville, July 23.—Liquor con trol stores will be opened at Green villp and Farmville Thursday, and at Ayden and Fountain Friday, it was announced today from the ABC Board office in the Courthouse. It had been planned to have ali openings at the same time, but in view of the fact that buildings at Greenville and Farmville will be completed a day ahead of the other two towns the board decided to adopt the plan announced today. It was _ also announced that the first consignment of whiskey, estimated at three carloads, is expected to ar rive in Greenville Wedn#sday. A fourth carload is expected later, j [ The total value of the initial pur chase was given last week as be tween $25,000 and $30,000. The Greenville store will be lo cated in the Higgs building on the upper end of Dicsinson Avenue, am the Ayden store will be in the old National Bank Building in the heart of the business district. The control board, headed by C O'H. Home, was pressing its plant for the openings with much vigor, and stated everything had been dom to open the store as early as pos sible. LIQUOR STORE AT NASHVILLE IS OPEN Second Store To Open Here On Monday; Nash County Has Three Others RocKy Mount's second liqtiur store the Nash county store located at 134 Howard street, was formally op ened on Monday. The Nashville store was opened Saturday quietly, with a thriving business reported. When the store hero is opened that will make four in Nash County others being at Middlesex and Spring Hope. Judge 8, F. Austin, chairman of the Nash county control board an nounced that there was a possi bility of at least one other store be ing opened in Nash county but the location had not been selected yet. The first store to be opened in Halifax county was opened in Lit tleton Friday. Other stores in the county are expected to open Mon day. In Martin county two stores are open, one at Williamston and one at Robersonville. Sales were report ed light from each of the Martin stores. Italians Plan An Early War Troop Concentrations Appear To Look To Quick Invasion Of Ethiopia With King Haile Selassie appar ently reconciled to the inevitable, having exhausted every possibility of avoiding war, it now appears that Italy is preparing for an ear ly drive into the territory of the little Negro kingdom. Although the forces of the king are prepared to offer the most desperate kind of re sistance, their lack of arms, training, and equipment, as well as the pitiful disparity in numbers lead military experts to predict that the African kingdom will be quickly subdued. BLUE ATTRACTS MOTHS Half Moon Bay, Calif.—"Midnight blue" lighting attracts the destruc tive plume moths better than any other light, according to Prof. W. B. Herms, who has been actively en gaged in eradicating the peit from artichoke fields. Over 1700 acres have been signed up by Buncombe County farmers for soil erosion control work, an nounces the county farm agent. SI.OO PER YEAS ON NATIONAL WASHINGTON CONGRESSMEN TIRED PRESIDENT'S ATTITUDE UP TO PROGRESSIVES LEGAL ENTANGLEMENTS LIBERTY LEAGUE ACTIVE FORESEE NEW COLLAPSE PRESIDENT'S POPULARITY FOOLISH PROPHECY BATTLE LINES FORMING THE FIGHT IN 1936 CONDITIONS MAY CHANGE Bjr Hugo Sims, Srpeciigl Washington Correspondent Undoubtedly many Congressmen are anxious to get away from Wash ington, where the heat bothers them, and are willing, if necessary, tot have a special session of Congreea in the fall to take care of the *■» program. The House showed strong sentiment to this end last week* even if the vote was overwhelming* ly against adjournment. The mattet rests with the Progressives in th# Senate, who Jiave an agreement with Senator Harrison providing for an opportunity to vote on the new tax levies before the seaiion ends. It is said that the President in not against the plan, even if th« tax program is put off until next January but he wants a definite understanding to this effect. In fact, reports are clear that the Chief Executive is a bit anxious to get rid of the idea that he •is a task, master holding Congressmen on the job. He also dislikes very much the "must" list appellation that is currently used in the press. Some say ho is ready to aecept whateYei the two houses do on the' holding company bill, the Social Security proposals, the TVA and AAA amendments. In the Senate, however, one flnda a group of Progressives, led by Ben« ators Norris and LaPoliette, who in* sists upon action on the tax bIU. When this group served notice sone weeks ago that they would tie-in the new tax levies with the bill en tending the "nuisance" taxes, which had to be passed immediately to at oul a lapse, the Democratic lead* ers promised that a vote would he allowed on the new taxes before adjournment if the nuisance bill was not disturbed. Senator Harri. son, who made the agreement, hu and fc P f£ Jhi ° f keCpin * his fh? i Sul 8 very r °ason, one of the best horse traders" in the sen* . entanglements are encoun tered by the administration in many areas since the Courts have stSv 811 ? Croaßing tendency to strictly construe the powers of the federal government. Federal Hous ing projects have been tied up L some areas, the procsesing tax£ are steadily being enjoined and competent opinion holds that the AAA and TVA amendments are un constitutional. The President, i a asking the House to pass the Guffy coal bill, regardless of doubts as to its constitutionality, eharted the course of the administration. Jt "•ill pass laws and let the courta throw them out if it is necessary. Much criticism has been direct oa toward this attitude, some go* ing so far as to say that it is a vialotion of the oath of office, in volving the pledge to uphold the constitution. The argument is that Congressmen should vote against any measure that is doubtful and that the President should veto it rather than put the Court in the position of thwarting the popular will. This was the position taken by the President Taft, in 1913 in. vetoing the Webb-Kenyon However, it also illustrates the dag ger of trying to assume the Court 1 * function. When Mr. Taft vetoed the measure in vigorous language Congress passed it over his veto, and the Supreme Court sustained it It is becoming moro and more evident that the American Liberty League, ostensibly organized a* a non-partisan affair, i s leading the attack on the present administra tion, and taking the place of n well-rounded opposition, which ia almost absent from the political arena. The league has an abundance of money, being backed by ma»y wealthy sponsors, keeps a smart re search bureau, sends out speakers and demands radio time for the ex position of its views. In short, the league will soon be generally rec ognized as ono of the Presidents most dangerous antagonists. Adversaries of the President in* sist that failure will result from his efforts and that when the col lapse comes the condition of tho nation will be worse than eve*. They declare that his relief expen ditures and farm policy are but sops to the mass, which must be halted if the nation is not to be* come bankrupt. Moreover, they in sist that many people are convince ed, more than ever, that it will be necessary to go back to the old methods to secure normal business conditions. They point to Democrati who are displeased with the New Deal and cite them as evidence that (Please turn to page eight) t
The Rocky Mount Herald (Rocky Mount, N.C.)
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July 26, 1935, edition 1
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