The Week in
W asliington
A RESUME OF UOVEJttNMJKNMKNTAL
HAPPENINGS IN
THE NATIONAL CAPITAL
'A ashington, May 25.?In its decision
declaring the Guffey Bituminous
Control Law unconstitutional, the
Supiome Court of the United States
followed in the main the same line,
o! reasoning which led to the death |
of NRA. The grounds for throwing
out both of these acts, NRA and the
Guffey Coal Act. are that the production
of coal, like the slaughtering
of chickens, is not inter-state commerce
and therefore Congress has no
power to regulate it On this point
the Supreme Court divided, six to
three, exactly the same line-up as in
the- NRA decision, with Justices
Brarviels. Stone and Cerdozo in the
minority. The majority opinion held
that the regulation of wages, hours
arm conditions of labor in the 30ft
ma. industry, is a local n atter to be
settled locally It also held that the
iaw delegated legislative authority
unconstitutionally.
The Court also ruled against anofc,
^?J major feature of the Guffey |
Ac!, the taxation provision. The law j
provided for an excise tax of 15 per |
cent of the total value of coal min- (
ec. to be paid by the mine operators; !
but- operators who slimed the ?efr I
coal code were to receive a rebate;
of S*0 per cent, of this tax. This, the j
Supreme court held, was an improper;
and unconstitutional use of the tax-1
ing power to impose a penalty upon!
operators who refused to be coerced
into signing up.
Annulment Expected
The annulment of the Guffey Act
by the Supreme cour t was not unexpected.
It was commonly referred to
in Washington as "The Little NRA." ;
In principle it differed in no way
from the National Recovery Act,
and serious doubts as to its Constitutionality
were held by leaders of both j
parlies in Congress at the time of its j
enactment. It was pending at thej
time of the NRA decision last sum-,
mer. and the tendency then was toj
drop it because it so clearly seemed
to be exactly parallel to NRA. It
was at that critical moment that the
President wrote to Representative
HiVi, Chairman of the Ways and
Means Committee, expressing the
lope that the Committee would not ;
. t -any doubts of the constitutional!- '
ty of the Guffey Bill prevent its be- '
irig reported to the House for ac- 1
tior.. 1
The real reason behind the bill's ,
passage was the threat of the United
Mint Workers on September 15, last
year, unless Congress passed some
law that would control the mine ownera
and operators to accede to the j ,
demand of the union for shorter |
nours and higher pay. There was no I
doubt that the miners were desper-1
ate and that they meant business. |
There was talk of riots extensive,4
e nough to be called rebellion among | |
the Pennsylvania miners unless
something was done and done quickly
i
Kvclsr Tux Refund?
Many large mine owners who refused
to sign the code paid the excise
tax under protest, at the same time
starting legal proceedings to tiave the 1
law declared unconstitutional. About
*700,000 of these taxes ilected or i
deposited in court may have to be
refunded.
Chief Justice Hughes, while concurring
in the majority opinion of
the court, wrote an individual opinion
in which he held that some features
of the Guffey Law might be
constitutional if they could be separ
a led from the unconstitutinal phases
of it.
Resettlement Decision
On the same day that the Guffey
Act decision was handed down, the
Court of Appeals of the District of
Columbia handed down a decision
that the Kural Resettlement Administration,
created by the President
under the Works Progress Administration,
with Dr. Rexford G. Tugweli
at its head, was an unconstitutional
delegation of power under the WPA
Act. While this decision is not final,
and will be carried to the Supreme
Court, it is notable as the first judicial
reversal of any of the applications
of the $4,800,000 Works Relief
fund which Congress gave to the
President early last year, to use in
his own decision.
Naturally, the question which everybody
in Washington is asking is
as to the political effects of these
new anti-Administration court decisions.
Coming as they did, almost on
the eve of the party conventions, it
is to be expected that every possible
effort to utilize them for party ends
will be made by the Republicans.
G. O. P. Harmony
Republican leaders are talking
more confidently than they were a
few -weeks age. There has been a decided
stiffening of Republican morale
In the past fortnight.
How much Bruce Barton's selections
as the party's publicity advi
ser ft an had to do with this is debatable,
but most observers believe that
his influence has been considerable.
Less is being heard now of the
possibility of Senator Borah's throwing
a monkey wrench into the party
machinery. There appears to be a
more general acceptance among party
leaders of Gov. Landon, who is
(Continued on page 8.)
WA1
An I
VOLUME XLVIl, NUMBER 47
Memorial Day each year brings eve
tribute to and decorate the graves of
above shows veterans of the Grand Ar
Chicago, in Memorial Day Tribute.
BOONE MAN TALKS ft
AT TAX MEETING
Clyde It. Greene A Speaker At M
State Wide Greensboro
Meeting Wednesday.
Clyde R Greene, Roone business ^
man. is one of the principal speakers
at the state- wide anti-sales tax meeting
held in Greensboro today (Wed- ^
nesday). Mr Greene will use as his
subject "The Kffect of the Sales Tax ^
on Border County Business." and a gi)
considerable number of other local G|
citizens are expecting to be present ^
at the gathering which is under the
sponsorship of the North Carolina ev
Pair Tax Association. ^
Dr. Ralph W. McDonald, candidate j -g
for Governor, will deliver the main j
address of the occasion. Some of the!
ather speakers will be Dr. John T. j ?r
Burma, Roy R. Lawrence, and Da- J ^
rid Ovens. StJ
It is expected that one farmer will * Q
speak and discuss the position of his ' ^
?roup as relates to the sales tax. The j
morning session will be devoted!?*!
largely to business and the election j
nf new officers, and the principal I '
part of the speaking will take place! "c
in the afternoon. Open forum discus- ' *
sions will follow the presentation of
the scheduled speakers. ^
- Bf
Ollis Resigns From
City Police Force
F
Mr. S. D. OHis, .'or the past sever- *
al months an efficient member of
the city police force, tendered his
resignation to the authorities Saturday
afternoon, and left for his home se
in Morganton Monday. The vacancy cr
had not been filled as this is writ- 13
ten- fis
Mr. Ollis had made friends of the
people of the town since he came 0l<
here, proved himself to be a fine
type of off icer, and much regret has tj
been expressed over his departure. Ch
br
Failure To Register ^
Negroes Brings Fine be
North Wilkesboro, May 21.?John ]a
Cushion, registrar for Wilkesboro cj,
township for the primary and elec- eI!
tion in 1934, plead guilty yesterday n
in federal court to an indictment w
charging that he refused Negroes the
right to registrar and vote and was I pl
a S300 and placed on probation w
for three years by Judge Johnson J. sj,
Hayes, presiding over the term. A
The bill of indictment, returned at B|
the recent term of federal couFt in
Greensboro contained 14 counts there eL
being that number who said they had oi
been refused registration by Mr. m
Cashion. Witnesses were examined U1
and they testified that the registrar
gave them the test for eligibility but N
failed to place their names on the
books and they were not allowed to
vote.
Registration of Negroes has been
quite heavy this year, there being ca
about 50 who have registered in
Wilkesboro precinct since books were &
opened for registrations for the pri- as
mary June 6, it was learned today. cc
n
I'ROUFIC HEN ru
When Mrs. Dolph Lyon killed a
large Rhode Island hen for Sunday
dinner, she found that it contained IB
full-grown soft-shelled eggs. "Hie "set- wl
ting" of egg3 was displayed down- tr
town by Mr. Lyon. fe
Xr
Self-assurance is located some- d<
where below the Adam's apple. th
AUG
ndependent Weekly Nev>
BOONE. WATAUGA COUNT
;^anks of ^ ,
r thinning ranks of blue to pay
departed comrades. The scene
my of the Republic Lincoln Post,
1ANY TO ATTEND
LEGION SERVICE
[misters to Participate in Honoring
County's SoldierDead
Sunday
Five leading ministers of the dif- <
rent denominations will participate
an impressive memorial service to
: held Sunday afternoon at 2 o'clock
the hut in Legion Park, in honor
world war veterans who died in ]
le of battle or who have departed
ice the cessation of hostilities.
fives of the veterans will be decor- !
ed following the service.
The complete program for the j
ent, which is expected to be at- ]
nded by an unusually large crowd, 1
as follows:
Call to Order, C. W. Teal, 17th 1
strict Commander; Advancement >
Colors by Boy Scouts; Pledge of 1
legiance to the Flag; Invocation; i
nig. "America"; Legion ceremony, 1
nducted by Rev. \V. C. Greor.e, post 1
aplain; Music- In Flanders Fields" 1
ith Isaacs; Brief addresses by Rev. '
idenhouse, pastor Boone Methodist
mrch; Rev. Phillip Fletcher, pastor 1
ive Creek Baptist Church; Rev, F.
War man, pastor Advent Christian |
mrch; P.ev. Sexton Buchanan, pas- j
r Blowing Rock Presbyterian
mrch; Rev. J. A Youm, nastor
>onc Lutheran Church; Song: Ber.ictiou;
Taps; Decoration of graves
deceased veterans.
lome-Coming, Cove
Creek Baptist Church
A home-coming' and dedication j
rvice will be held at the Cove j
eek Baptist Church June 12th, .
th, and 14th, it was announced the
-at of the week. i
r'rvvr^ /^I.oalr ok : - H. - ?
vvrvv. vy? CCA V11U1 CIl 13 UlU 3CCUIIU
leal church in the Three Forks ,
isociation, being founded in 1799.
le present building is the fifth the
urch has occupied, and was relilt
in 1923. Although the church ]
is been out of debt for some time,
e dedication ceremony has not \
en held.
Many prominent ministers and
ymen have gone out from this
urch who are expected to be pres:t
at the dedicatory services. Dr.
ight C. Moore of Nashville, Tenn.,
ill preach on Sunday, June 14th, at
o'clock. Other speakers on the
ogram will be Rev. Arthur Sherood,
Erwin; Rev. W. R. Bradlaw.
Hickory; Rev. J. C. Pipes,
sheville; Rev. James Sherwood,
jtler.
Those who live nearby are requeatI
to bring baskets of food for the
cnic dinner which will be spread
i the grounds at the noon hour Satday.
AMR OF CANDIDATE
IN CORRECT! A GIVEN
The Democrat's attention has been
Jled to an error In the name of one
the Republican candidates for Hester
of Deeds. The name was given
i "Verna" Calloway, whereas the
rrect listing- is "Neva" Calloway,
le error is regretted, and the eorction
of same gladly made.
ABM BROKEN IN FA I J.
Mr. George Henson, of Sherwood,
iiile working at the carpenter's
ade on the Mabel school building,
11 from a ladder and suffered a
acture of the right arm. The aecirit
occurred Monday, both bones off
e arm being broken at the wrist.
A. DE
apaper?Established in tl
*Y, NORTH CAROLINA. THURS
RITESAREHUD
FOR Li. PAYNE
Prominent Cove Creek Citizen
Succumbs From Long Illness.
Was 64 Years Old.
Funeral services were conducted i
Thursday afternoon from the Cove
Creek Baptist Church for A. J.
Payne, 64 years old, who died at his
home at Sherwood the day previous
from a long illness with an incurable
ailment. Reverends Parker and Fletcher
participated in the services, and
appropriate remarks were made in
appreciation of the life of deceased
by Mr. Smith Hagaman of Winston Salem.
Interment was in the nearby
cemetery
The active pallbearers were:
James B. Mast, S. F. Horton, Gordon
Sherwood, Richard Olscn, I>ave
P. Mast, John Horton, John Sherwood,
Tom Coffey, Jr. Honorary:
Don Henson, John K. Perry, W. R.
Lovill, W F. Sherwood, Frank Miller,
W. H. Brown, O. J. Harman, C.
H. Blackburn. John W. Hodges. \V.
H. Gragg, J. B. Horton, Don Horton,
Ed Sherwood, L. L. Bingham. Dr. H.
B Perry. Will C. Walker.
An impressive floral offering was
in charge of Mesdames James B. j
Mast. S. F. Horton, Dave P. Mast,
Hardin Brown, Grace S. Bingham.
Maude Spainhour. Mary Harris,
Misses Annie Mae Sherwood. Constance
Slioun, Mat tie. Dou Harinan,
Ruth Sherwood. Louise Johnson, Wilma
Baird, Jewell Hagaman
Surviving are the widow, two sons
and two daughters: Will Payne,
Sherwood; Frank Payne, Boone;
Miss Earl Payne, Sherwood; Mrs.
Pearl Dowling, Monroe. One brother,
George L. Payne of Deep Gap, also
survives.
Born in Kentucky
Andrew J. Payne was born in the
state of Kentucky, having moved to
this section when a small boy. He
bad been engaged in the mercantile
business at different points in the
county for the greater part of his
life, was for a time in the insurance
business, and a traveling salesman
for a lorn? time. All the while he
pursued agricultural activities, and j
became one of the leading citizens of (
the-county. He. was a member of the i
Methodist Church, active in reiigious
Lffairs and intensely interested in
Ihe general welfare of his community
and section. In the years past
Mr. Payne had often been urged by
friends to accept public office, but
11 ways desisted. He was an upstanding
citizen, generous and kind, and
.vill be sadly missed by the host of
friends he leaves in this section.
STOLEN BARREL IS
CUE; STILL FOUND;
Sheriff Howell Captures 63rd I
Whiskey Plant; York
Trivett Is Jailed.
Tuesday a report reached the
Sheriffs office that a steel drum
lad been stolen from a saw mill outtit
on Howard's Creek, and the information
led to the capture of a
whiskey still, at which the stolen
barrel was being used as a boiler,
ifork Trivett was taken with the
outfit and the paraphernalia destroyed.
This makes a total of 63 distilleri
s taken by Sheriff Howell during
bis tenure in office and 32 men captured
in connection with their operation.
Future Farmers Are
Planning Texas Trip1:
Some twenty-five members of the
Daniel Boone Chapter of the Future
Farmers of America expect to
make a two weeks tour of the southwestern
part of the United States.
They expect to leave Monday,
June 1 and go down through the Tennessee
Valley and cross the Mississippi
River at New Orleans, thence
to old Mexico and return to the
Centennial Exposition at Dallas. On
the return trip the group will go
through Oklahoma. Kansas, Illinois,
Indiana, Kentucky and Virginia.
They are taking camping equipment
and a cook on the trip of ap
proximately four thousand miles.
RECORDER'S COURT
Six case3 were tried before Judge
John H. Bingham in Recorder's
Court last Tuesday:
York Trivett, manufacturing liquor,
8 .lonths on the roads.
Floyc Tate, concealing fugitive.
Not guilty.
Floyd Church, public drunkenness.
30 days on roads.
Glenn Foster, public drunkenness.
One half the cost.
George Carroll, violation prohibition
laws Cost.
Raymond Dellinger. Violating prohibition
laws. 510 and the cost.
MOC]
ie Year Eighteen E?l|hty-E
DAY, MAY 28, 1036 11&
SPEAKS MONDAl <
^ j
Clyde R. Hoey. one of the leading
contenders for the Democratic no- J
minatioh for Governor, who is tj
scheduled to make his first politi- ^
cal address at the courthouse in i
I Boone Monday morning, June I, at
10:30 o'clock. Mr. Hoey Is the sec- j.
1 ond candidate for stwfro offw??to_ J
speak here, Dr McDonald having
delivered an address two weeks t
ago c
LADIES TO OFFER
POPPIES FOR SALE:
a
Legion Auxiliary Complete h
Plans For Poppy Day 0
Sales Next Saturdaj'. M
The ladies of the American Legion I
Auxiliary throughout the county will tl
sell paper poppies Saturday for the h
benefit of disabled world war veter- y
ans, and headquarters for the sale3 fi
have been established at the Farm- n
ers Hardware Company, where one is
window has been decorated after the t!
fashion of Flanders Fields with the
countless rows of crosses. ei
Sales in this community will be m
in charge of Mrs. Russell Hodges, fi
who asks that all ladies of the Auxil hi
iary who would like to aid in the oi
work meet with her at the Farm- q
ers Hardware Company as early Sat- n
urday as is possible. Mrs. Stanley j cj
Harris will sell tllP. nnnpr flnunwa IfiTfs
th?i Cove Creek section, Mrs. Tom
Taylor at Valle Cruets, and Mrs. T.
A. Weaver at Blowing Rock. <u
Mrs. Hodges submits to the Demo- fi
erat the following poem: U
Only A Paper Poppy 11
Only some paper petals
With two leaves of paper, too
Only a paper poppy
Does it mean anything more to you ?
E
The rod is for the courage ri
Of the men who fought and bled n
And then came back to spend their g
days ^
In the ranks of the living dead.
The green of the leaves reminds me ']
Of the sunny hillsides over the sea
Where rest the war-torn, bodies
Of those who died that war might
cease to be.
The cup that is formed by the petals t*
Covers a heart of gold
T. ' - ' *
aa oiauua 1UI a. Iiiwr ot love 11
Whose value can never be to id. s'
Only a paper poppy R
But it holds the hopes and fears B
Of numberless men and their loved ^
ones .{
As they carry on through the years. Q
? - y
Products Of Sewing i<
Rooms To Be Shown
t
Ari angements have been made for
a display of the garments made by r
relief workers in the sewing rooms p
of the county, and the handiwork c
may be seen at the Boone sowing o
room Saturday afternoon from 2 to o
4 o'clock. A number of products from
the recreational projects in the county
arc also to be shown at the same
place and time. n
V
LOUISE HOLLER DEAD h
Lunda Louise Holler, seven years h
old, daughter of Mr. and Mrs. R. W. t
Holler, died at the home on Brushy
Fork Friday from an illness with t
pneumonia. Funeral services were
conducted from the Brushy Fork f
Baptist Church Saturday afternoon I
by Reverends Payne and Ashley and '
interment was in the neighborhood
cemetery 1:
Besides the parents, seven broth- a
era and sisters survive: Clyde. Ru3
oen, Virginia, carrle, John, Retha
and Ruby Holler.
e
TO ADDRESS VETERANS 2
Mr. H. B. Leavitt, Chief of Staff s
United Spanish War Veterans, will r
address the picnic gathering of the t
veterans at the Rutherwood Fish ?
Hatchery next Saturday, it has been '
announced. Mr. Capus White, of I
Greensboro, win also speak, accord- <
ing to Mr. Albert Watson of Boone, f
district commander. t
RAT
ight
$1.50 PER YEAR
SHERIFF HOWELL
WITHDRAWS FROM
PRIMARY BATTLE
Popular Officer Says He Filed
To Prevent Republican
Victory bv Default.
SAYS FOUR YEARS IS
ENOUGH TO HOLD JOB
rlovvell Says He Only Filed Because
No One Offered. Can't Oppoae
Two Friends Who Filed
At I^aht Minute.
A Y*. Howell. Sheriff of Watauga.
:ount3' for the last four years, has
withdrawn himself as a candidate
or the Democratic nomination, in the
'une primary, "as at the last minute
wo of my friends filed for the nomination."
The Sheriff further states
hot he is of the opinion that four
rears in public office is quite enough
or any man.
Following is the text of a staten
e nt given the press Wednesday
norning by the popular sheriff:
"When it looked as if no one wa3
toing to file for the nomination, for
Sheriff of Watauga county and that
he office was going to the Republians
by defalcation, I agreed to fiie
u defense of the Democratic party,
said before the date to file that I
id not intend to offer myself again
rid told Chairman Wilson that if
nyone filed for the office, I would
e willing to withdraw at any time.
lI the last minute for filing, two
f my friends, both high-toned gcnlenien,
filed for the nomination. I
c' like if I should make the race
would be nominated and elected
t?ip fall, but since the party has
onored me with the office for four
ears, I don't think it would be
nr or right for me to run against
\y friends. I believe that four years
? as long as any man should hold
le office of sheriff at one time.
"I have received a salary of sevaty-five
dollars per month for my
?rvices, with the exception or the
rst seven months, when I received
o salary at all. I don't believe in
ne man eating: all the pie, conseuently,
I desire t.o withdraw my
anie and give tlie other men a
bunco to eat a piece of pie, if there
r any pie in the job.*'
Announcement A Surprise
The withdrawal of Sheriff Ho well
ime as a distinct surprise to his
iends, although it is now recalled
lat two years ago, the Sheriff had
id tea ted that he would like to be
alievod of the office this year. Hi3
ithdrawal from the race leaves two
tr.didates for tlie Democratic nomlation,
Messrs. A. J. Edrninsten and
B. Mast, and speculation will be
if e as to which of these gentlemen
lay be depended upon to garner the
r. iter part of the immense Howell
allowing in the primary
Tonsil Clinics To Be
Held In County
Tonsil clinics will be held in Waruga
county on the following dates:
a lie Crucis -Dr H. B. Perry will
old a clinic at the Vallc Crucis MisIon
School on June 19. Blowing
ock- Dr. M. C. Warfield and J. D
ludtsill will hold a clinic at the
Uowlng Rock Clinic on June 22 and
3. Boone?Dr-s. Lagaman and Perry
1 co-operation with the Boone Demnstration
school, will hold a clinic
eginning June 30, and lasting as
>ng as there are tonsil patients,
leretofore three tonsil clinics were
eld in succession, but this summer
here will be only one.
For further information and tor
egistering for tonsil operations
ilease see Mrs. Glovier at Valle Cruis,
Dr. Warfield at Blowing Rock,
r Miss Fisher at the District Health
ffice in Boone.
MRS. BANNER FUNERAL HELD
Funeral services for Mis. E. Bauer
of Banner Elk, r. member of a
ioneer family of that section, were
eld last Saturday at the family
ome with interment following at
he Elk Park cemetery.
Mrs. Banner had been ill for some
ime and died on Friday
The services were conducted by
lev. Murray and Rev. Leo, with the
fughes funeral service of Newland
liimrgc hi inu arrangements.
The deceased is survived by her
lusbaii'4 and a number of children
md grandchildren.
/ ;}
TOD HIST CAMP OPENS
Mr. Earl Cook announces the opining
of the Red Oaks Tourist Camp
!% miles east of Boone on the Winiton-Salem
Highway. The establishnent
will be in operation Saturday,
here, will be dancing and many are
ixpected to drop In during the eveling.
There are five cabins on the
iroperty, electric lights and all con- >jj
leniences, and Mr. Cook expects a
;ood business from tourists during ^
he summer.