SUPREME/COURT
MAY SOON DECIDE
RATE-FIXING CASE
Decision in Important Litigation
Expected at February
Sitting of Court.
RALEIGH, Jan. 12.—Decision in the
Southern Power company rate fixing
case, one of the most important now
pending, is expected at the next session
of the state supreme court ii» February.
The case was carried into the courts
by a number of manufacturing plants
supplied with electric 'current by the
power concern a -large ■ amount. of
money through an increase in rates
granted by the state corporation com
mission is involved.
The corporation commission’s base
rate for primary power granted to the
power company was 1.25 cents per kil
owatt hour, a compromise between the
general level established by diverse
contracted rates and the 1.40 cents for
which the Southern Power company pe
titioned. Some of the mill operatives
accepted the rate as fair and reason
aide, but three important groups were
among those that appealed. These
were the folic Mills, at Greensboro;
the Cannon group, at Concord and Kan
napolis. and the Johnson Mills, located
in an 1 around Chariotte.
.Ml of the appellants had contracts
Avjth the Southern Power company for
secondary power and their appeals
were aimed partially at the retention
of these as inviolate. Under these
contracts, the power company was’ob
ligated to fnrnish electricity to the
mills for six months or longer, but less
than full time, yearly, and at times
that the company elected. These pe
riods coincided with the seasons when
the rivers were at flood and the com
pany's hydro-electric plants were op
erative. The contracting., mills in
stalled steam plants for use in the off
season, and by shutting these down
when hitched iip to the transmission
wires of the Southern Power company,
they are said to have operated at a
large saving over the average.
The issue drawn in the superior
court- at Shelby. When the mills ap
pealed,’ was upon t*ie single point
whether the rate was fixed was just
and reasonable. The Cone Mills took
a different tact admitting the fairness
of the rate accorded to the power com
pany, but setting up that the corpora
tion commission was without authority
to establish a rate, inasmuch as the
furnishment of the power in question
was interstate commerce, they claimei.
because a vast portion of the electric
ity was manufactured in South Caro
lina and transmitted to this state.
While toe. issue w aa uc-v-ic — * — —
Cleveland county jury, the other ap
pellants introduced a motion, while re
serving the right to continue to prose
cute the case to determine the issue ol'
the .rate’s fairness, to remand the mat
ter to the corporation commission be
cause of alleged error in the commis
sion’s figures in regard to invested
capital and other material facts upon
which the rate had been based. This
group further asserted that the rate
fixed was so high as to afford gross
discrimination in favor of the South
Carolina mills, where the old contract
rates remained in force, and it joined
with the Cone group1 in asking the su
preme court to find that interstate
commerce was involved. Their appeal
is from the lower court’s denial 6f this
motion to remand.
Among the questions which the su
preme court will have to decide is
whether the appeal is properly before
it, because the point has been raised
that the appeal could come only from
a verdict in the superior court, and the
jury of that court disagreed and was
never able to decide the issue.
Complicating the case somewhat, ac
cording to attorneys, is an opinion of
the supreme court of the United States,
written by Chief Justice Taft, in ex
pressing the decision of that body in a
case carried up from Kansas, wherein
a user of electricity appealed from a
rate fixation which contravened the
terms of a contract which the plaintiff
had with a public utility company. The
court held that the contract could not
be violated without the issue being ad
judicated as to whether the rate named
therein was just and reasonable.
Unless there is a demonstrable dis
tinction between the North Carolina
statute or conditions and the Kansas
law and facts, the decision of the fed
eral court might leave the matter of
rate fixing in this state open to almost
limitless litigation, it wa^ said.
Bound up in the case is the right of
the corporation commission to regulate
the rates of electricity sold in this
state, since there is a South Carolina
connection between other purveyors of
current in this state, as well, as be
tween the Southern Power company
and the adjoining state.' A decisiop
holding with the theory that the com
mission cannot regulate the traffic be
cause interstate commerce is involved
would leave individual contracts in
force, but would permit the- Southern
Power company to make its own rate
with users without contra’ct.
The appellants in the one group are
the Cannon Manufacturing company,
the Cabarrus Cotton Mills, the High
land Park Manufacturing company,
\nchor Mills, Johnson Manufacturing
company Brown Manufacturing com
pany, Jewell Mills, Inc., Norcott Mills,
Inc., A. M. Srayre Manufacturing com
pany, Grove Mills, Inc., Franklin Cot
ton Mills, Peterson Manufacturing
company, Keslei- Manufacturing com
pany, Amazon Cotton Mills, Barringer
Manufacturing company- Efird Manu
faeturing company, Wiscassett Mills
company, Tuscaroors Cotton Mills,
(iibson Manufacturing company, poray
AT ills. Buckeye Cotton Mills, and in the
Other group, the Proximity Manufac
turing company, the Revolution Cotton
Mills and tlie Bellevue Manufacturing
company.
FORECAST BT STATES
WASHINGTON, Jan. 12.—Virginia.
Fair and colder Saturday; Sunday fair
North and .South . Carolina and.
Georgia: Fair and cooler Saturday,
Sunday fair and’Warmer. _ _
Florida: Fair Saturday, and Sunday
Extreme northwest Florida, Alabama
and Mississippi:' Fair Saturday; Sun
day cloudy and unsettled, moderate
temperature. '
Tennessee and Kentucky: Fair Sat
urday; Sunday cloudy and unsettlea.
Coming — that mysterious "Seventh
Guest.”—Adv. __
A CARD OF THANKS '.
We wish to extend our .many thank
and appreciation to the, c th
neighbors of Burjaw, N.,, C., ior ui.
many deeds of kindness throughout our
father’s illness. , - _. „,Ar.o
MR. AND MRS, O. M. OrURGANIOtJS.
»03 Dawson St. . n Aav'
Pleads for Bonus
“Stubby,” former mascot of the.
Yankee Division and the world’s'
most decorated dog hero, will ap
peal to President. Harding for a
bonus for the ex-service men.
Stubby’s blanket is laden with
medals placed there by General
Pershing, General Edwards, Presi
dent Harding and a few foreign
executives.
Don’t fail to see the used Ford cars
at the Ford place early today. You
will miss a buy. Chipley’s Universal
Motor Co.—Adv.
Pour ounces
—an konest quarter pound of
BAKER’S
Caracas Sweet
Chocolate
Pure
Wholesome
Delicious
Made from only higk grade
Caracas cocoa, pure cane
sugar and flavored witk
Mexican vanilla beans.
MADE ONLY BY
Walter Baker & Co. Ltd.
Established 1780
DORCHESTER, MASS.
Booklet of Choice Recipes sent free
JThe Purity Market
R. P. BROCK, Manager
105 N. Front Street Wilmington, N. C.
WE DELIVER!—WE DELIVER!
Phone 2t>0 Phone 260
LIVE AND DRESSED CHICKENS A SPECIALLY
FRESH MEATS, GROCERIES AND VEGETABLES
Armour’s Star hams,
per pound ...
North Carolina hams,
per pound.
Pig livers,
from.
Pork chops,
per pound.
Round steak, .
per pound.
Sirloin steak,
per pound.
Good roast beef,
per pound ..
Pure lard,
per pound.
Package sugar,
per pound .
Prunes,
per pound.
Red ribbon coffee,
per pound.
.25c
.38c
25ct0 75c
25c
........ 30c
.35c
.20c
15c
.8c
18c
.40c
Sweet potatoes,
per peck.
No. 1 Irish pota
toes, per peck .
25c
35c
Water ground meal,
per peck .
Country eggs,
per dozen.
35c
50c
Phone Your Orders Early and Avoid the Rush
A Full Line of Fruits and Vagetables
WE DELIVER
Sunshine Laundry Damp Wash Ser
vice. Call 172.—Adv.
Babys colds
i are soon “nipped in the bud
without “doing’' by use of—
_ vapoRub
Over I7 Million Jan Used Yearly
r
COUPONS A-GAIN!
WILMINGTON’S “KASH” STORES
OFFERING SPECIAL LOW PRICES THIS WEEK
13ic
15c
. 6c
45c
Best grade Compound lard,
per
pound .
Best pure lard,
per pound ....
Good whole rice,
per pound ....
Good flour, 12
pound sack ...
Godd flour, 24
pound bag
Nice round Irish potatoes,
special, per
peck.
Porto Rica sweet “I A _
potatoes, peck...
(Per bushel, 68c)
3 large rolls toilet
paper, only.
Granulated sugar,
per pound.
Market baskets,
each.
6 cakes star soap
for .....
6 boxes washing
powder for .....
89c
>tatoes,
28c
22c
8c
.. 9c
25c
25c
Hecker’s
box, 2
for ...
oatmeal, round
. 25c
powder,
28c
large
35c
28c
soup.
Rumford baking
per
pound ...
Sunshine peaches,
cans,
only.
Nice prunes,
2 pounds for
Campbell’s tomato
This
week..
Trusty Friend garden peas,
15c cans, (fc
for .
Dainty flour. 12-pound
Zk:. 64c
Large assortment of grown
chickens from—
$1.101 $1.65
H
<
["this"coupon will be redeemed at our
COUPON
10c
With Each
$lob Order
kXsh
STORES
VALUABLE
25c
With Each
$5.00 Order
COUPON
>
Ui
»
4-r
H
> All Kinds of Chickens, Eggs, Fresh meats, * runs, vege
tables^ Salt Mullets, Fish, Roe, Etc. , ,
At'ouf stores you get prices equally as low as non-serv
ice stores, plus delivery service to your kitchen. Our clerks
are dad to serve you at all times. Whether the order be for
10c of $10 00, the appreciation is just the same. Just phone
if you can't come, our service and quality will make you
smile. .
W. Albert Brown
9th and Dock
Phone 47
6th and Castle
Phone 375
16 N. Second St.
Phone 72
Live and Dressed Chickens, Pork Hams,
Sausage and Liver Pudding, Pork,
Veal, Beef and Lamb
Special Prices on Fresh Country Eggs
Thomas Grocery Co.
FERNDELL
BEETS
Phone us for a can of Ferndell Tiny Strawberry
Beets. You will find them really better than fresh beets.
Our Electrik-Mijud Bake Shop is ready to serve you *
with a full variety of good things today. •
PHONE YOUR ORDER!
. Frank M. Ross
Phones 108, 109, 110
r
Today Is Saving Day
Sunset Gold butter,
per pound..
Kingan’s bacon
per package..
Swans Down graham flour,
per package.
Paper shel! pecans,
■ per pound.
Fancy canned corn,
per can..
Large yellow fish roe,
per dozen.. • • •
... 56c
39c
20c
59c
12k
$1.50
Our manager, Mr. Warren Saunders, will personally
/
There's nothing
he likes better
How .good they taste
on a crisp cold morn
ing—hot Dainty Waf
fles! No wonder he’s ready
ahead of time for a great big
second helping.
Yalier’s Dainty Flour is slowly
milled by a special process
from the very best of soft win
ter wheat. You can always
depend on Dainty. Its high
quality never varies.
Naturally, it costs us more to
make such fine flour. So we
must ask you to pay a little
more for it than for ^^
ordinary flour. The
difference goes into
quality that assures
you finer baking, u»sa*i.
and with less lard.
Valier’s
‘A SacA of* Satisfaction”
The Corbett Co., Wholesale Distributors, Wilmington, X. C.
Hot Cakes-—Hot Cakes
Hot Cakes
In -order to give everybody a chance to try
a four-pound package of Aunt Jemima Pan
cake Flour and Buckwheat Flour, we are go
ing to sell the pancake flour at 35c; the buck
wheat flour at 45c.
Don’t forget a pound of Tru-li-Pure butter
will make it better!
The Grocerteria
“There’s a Difference”
LIVINGSTON & GRAY
GROCERY AND
MEAT MARKET
521 South Front Street Telephone No. 2140
Any steak in the OC.
beef, per pound.
Rib stew, 7l
per pound. • 2'*
Boiled ham, machine
sliced, per
jiound
Dressed chickens, A (Ip
per pound ..... »vv
Eagle Brand milk
per can.. • ■
Dainty flour, 12
pound bag-. UJC
Dainty flour, 24-djl OC
pound bag .. v*
Good plain flour,
24 pounds
Pure lard,
per pound
Sugar,
per pound
J. B. McCABE & CO.
J Established 1912
CERTIFIED PUBLIC ACCOUNTANTS
[ Po-tulflco Box 124U * flOT MurchLoa Bnlldln*
I ' *' W11.5H5GTOK. WORTH CAROLINA