j The Week in
! Washington
I A RESUME OF (iOVKKNMF.N'j
MENTAL HAPPENINGS IN
i THE NATIONAL. CAPITAL
Washington, Feb. 15.?President
Roosevelt's unexpected message to
congress lor legislation authorizing
mm 10 aaci six justices to the nine
vho now constitute the supreme
WBg- court is regarded here as the most
important and far-reaching proposal
yet forwarded as a New Deal nieasure.
Nothing which the President
has -aid or done has ever raised
ioSsix 5fL*ch a cent wcrsv.
WhsMj his message to congress con
. ' ocoiuuirndations for many
Iutttded reforms in the procedure of
the federal courts In general, these
are almost lost sight of in the discussions
of his major request and
upon which members of his own party
are still sharply divided.
" r brief, the President's proposal
is that whenever any federal judge,
having served ten years, upon reaching
seventy, the age of permissive
retirement, fails to retire, the President
may appoint an additional
judge to sit in that court, and as
many as six such additional judges
to the supreme court.
T^iat this proposal has its basis in
the refusal of the supreme court to
uphold the constitutionality of many
New Deal statutes is generally accepted
here. In his message the
Prec&tent expressed the view that the
older judges are out of step with the
times "New facts become blurred
uirougn oia glasses, iitteu, as 1;
were, for the needs of another generation,"
he said.
Court Retirement Ago
Of course, if any supreme court
justice now past seventy should retire
now on full pay for life, the
F'resident would need no further authority
than he already has to appoint
his successor.
Four consistent opponents of administration
legislation arc among
the six supreme court members who
could retire at full pay now. They
are: Van Devanter, 77, Republican;
,MoReynolds, 75, Democrat; Sutherland,
74, Republican; Butler, 70,
Democrat. Justice Brandeis, regarded
as the most "liberal" member of
the court, is also the oldest, being
80. Chief Justice Hughes is 74.
Sleven of the Roosevelt adminisL
traticn statutes have been declared
/Unconstitutional hy the supreme
court. Five have been sustained. The
court: now has under consideration
another vital New Deal law, the
WaCjfiraier"l?Tbol- relations act.
Tlio court was unanimous in invaJiciating
NRA and divided 6 to 3
on AAA. The administration was
upheld 5 to 3 in the gold devaluation
case, and lost by the same margin
on the original railway pension act
ami the municipal bankruptcy act.
The court was unanimous in upholding
the tax on silver profits and
the barring of prison-made goods
from interstate shipments. The government's
position in the TVA act
was upheld. 8 to 1. and the Chaco
arms embargo act by 7 to 1, Justice
Stone- being absent.
By 6 to 3 the court declared unconstitutional
the Guffy soft coal act
and the provision of the securities
commission act under which that
board claimed unlimited power of
subpoena. Federal regulation of
"hot oil" shipments was invalidated
S to i. and the court was unanimous
in hokiing that AAA processing
taxes impounded in federal courts
must be refunded. The court ruled
that the President did not have the
authority to dismiss a member of the
federal trade commission; also, that
building and loan associations cannot
be required to take out federal charters
when opposed by their state auHy.
thorities.
Law on Appointments
White the chances of a favorable
action by congress on the President's
court proposal are still uncertain,
the odds seem to be in its favor.
Gossip is already picking candidates
for places on the supreme court
If none of the present justices dies
or retires, there will be no place for
any of the present senators and representatives
known to have judicial
ambitions. Under the constitution
no member of either house can be
4jg; appointed to any office created dur 0
ing the term _ for which he was
elected.
The proposed additional justices
r? would come under that heading, of
new offices, which would bar Sena"
tors Robinson and 'Wagner and Rep|
..y reserrtative Sumners, of Texas, who
,\'i& have been regarded as likely candiiSgl
dates in case of a vacancy.
Attorney General Cumminca.
1 Chairman Landis of the S.E.C., Prof.
Felix Frankfurter of Harvard Law
School, Donald R. Ricbberg, former
general counsel of the NRA, and
Stanley Reed, solicitor-general, are
the names most frequently mentionLegislative
Outlook
The supreme court issue has virtually
overshadowed other matters
pending in congress. It is expected
that if the President's proposal is
approved and he is given authority
to name new justices, new bills for
the revival of NRA and AAA will
be introduced.
(Continued on Page Eight)
WAT
An Ir
VOL. XLVIII. NO. 32
| Women in Governj1
Washington. Miss Annabcla
Matthews (above), is a member of
the assistant general councils com- j
mittee of the internal revenue dc- 1
partment, and one of the women j
I in government holding a high of
ficc of responsibility. j,
OVER $600 GWENH
rrn n ann nn irri;
IU FLUUU !\F,LiLr :
j Watauga County iVIakcs Out-:
standing Record in Aiding
1'coplc in Flood Zone
Information Wednesday is that the
| Red Cross flood relief tund continues
| to grow, and that funds received di!
rectly by the Red Cross chapter iri j
| Boone have already passed the six j
; hundred mark, or something more j
than twice as much as was asked i
from this region by the national or- j
ganlzatlou. This does not take into
account funds sent direct by different
communities, and contributed
through the Mountain City, Tcnn.,
chapter, which are accounted for in
j another story appearing today.
| Recent contributions are: Miss
Patrick, $1.00; Tom Jackson, $1.00;
Wiley C. Smith, 50c, KuBT Spoone,
$1.00; A. S. T. C. students, 35c
Willow Valley Church, $5.00; Hensons
Chapel Sunday School, $125;
Green Valley School, $15; Union Baptist
Sunday School, $4.00.
A. total of $578.66 had already been
reported, bringing the grand total
of receipts to $607.76. or ten times
the original quota assigned to the
Red Cross chapter here.
Appalachian Cagers
To Play Home Games
Western Carolina and King Colleges
on Racketeer's Schedule for
Saturday Night
Coach Stewart's high-flying basketball
team will play two games
on the home floor this week-end,
meeting Western Carolina Teachers
College on Friday and King College
on Saturday night.
Starting thr season with a number
of close decisions against them, it
looked for a time as if the Mountaineers
were headed for a mediocre
season at best. Recently, however,
the Mountaineers have been taking
the measure of some of the best
I teams in the two conferences. Their
current winning streak has reached
four games.
In their first contest with the
Teachers from Cullowhec, the Appalachian
team lost a close decision.
Judging from recent games, however,
the Mountaineers will at least have
an even chance to t>eat the Catai
mounts.
The King basketeers have already
been defeated by Stewart's team this
season, but they can be expected to
put up a game fight against the locals.
Local Mat Team to
Wrestle Vanderbilt
Local mat fans will have another
chance to see Coach Watkins' undefeated
wrestling team in action here
Saturday night when they meet the
strong Vanderbilt University agrregation.
The meet will be held after
a basketball game which will see
Stewart's fast-stepping cage team
engage the Western Carolina quintet.
The local matters were weakened
by the injury of Ben Norris a few
weeks age, but in spite of this handicap
they have been winning over
such teams as the University of
Tennessee.
The Appalachian line-up will be
composed of Gaskill, Cranford or
Lindsay .Captain Crooks, Bill Nor-1
ris, Claude Farthing, Ewing, Cline j
Farthing and Lloyd Hobbs.
AUG,
: dependent Weekly News
BOONE, WATAUGA COUN
WETS GAIN UPPER j
HAND AS LIQUOR |
HILL IS PASSED!
State Senate Follows Lead of j
House and Passes Option Li-1
quor Bill; Measure is Expect-;
cd to Become Law by End of
Week
Raleigh. Feb. 17.?Drys took an
even worse beating than they expected
yesterday from the local optionee
when the state senate by a vote
of 30 to 20, counting pairs, defeated
the Martin amendment providing for
a state-wide referendum on the liquor
question and then by an overwhelming
viva voce vote passed the |
Hanford county option and control
bill on its second and third readings.
The bill, which in effect legalizes
iiquor under certain regulatory supervision
all over North Carolina I
and permits any county to operate a I
iiquor store by an affirmative vote
of the people, only awaits concurrence
of house in non-controversial
senate amendments and formal ratification,
probably by the end of this
week, to become effective.
Seeks Reconsideration
Senator Martin, who led the fight
against the bill in six hours of senate
sitting yesterday changed his
vote from aye to no on the roll call
on the referendum feature in order
that he may move a reconsideration
today. But anybody who watched
the sure-footed controllers knows
they are not frightened by
this effort to upset their plans and
it seemed assured yesterday afternoon
that the senate will vote down
this reconsideration as promptly as
it dispatched the Martin and other
weakening amendments to the bill.
Greer for Referendum
Senator Roby T. Greer, of Watauga,
was among the twenty who
voted for the state-wide referendum.
Tuesday for the first time as far
as is known in the history of North
Carolina. _a liquor question wsy? debated
by its legislature without any
serious qat-caUing from either sale
and under- a general. understanding
that there were hone3t and conscientious
gentlemen on both sides. The |
discussion was carried on such a;
high plane that after Lieut. Gov. j
Horton had announced the vote at \
the end of a tiresome day. he set a
precedent by thanking leaders on
both sides for their co-operation in
handling the business with dispatch
and peaceful order.
A couple of recesses, one for 10
minutes and one for 40 minutes,
during the long grind, played a big
part in keeping nerves from becoming
frayed. However, when Senator
Martin, leader of the bill's gddosi
tlo:'., sought to adjourn the senate,
after the state referendum amendment
had failed, until a later hour
(Continued on page 8.)
MERGEROF BANKS
TO BE APPROVED
Bakersville Bank Expected to
Approve Merger in Meeting
Friday
Stockholders of the Merchants
and Farmers bank at Burnsville will
meet Friday to consider the consolidation
plant whereby four of the
leading banks in northwestern North
Carolina will consolidate and form
the organization of the Northwestern
Bank.
Members of the consolidation are
to be the Deposit & Sarongs Bank of
North Wilkesboro, which will be
headquarters, the Watauga County
Bank, the Bank of Sparta and the
iuviviianuj anu r ai iiiei?! D^tliK ui
Bakersville. The bank at Bakersville
has a branch at Burnsville and the
Watauga County Bank has a branch
at Blowing: Rock.
Approval of the consolidation plan
was given by stockholders of the
Watauga County Bank on January
30, the Deposit & Savings Bank on
February 8, the Ban ; of Sparta on
February 9 and the Merchants and
Farmers Bank was to have considered
the plan last Wednesday, but
the matter was deferred for final action
until tomorrow.
Combined resources of the Northwestern
Bank will be well over three
million dollars. Deposits will approximate
two and a half-million.
The capital of the bank as proposed
will be: Common capita] stock,
$150,000, surplus, $75,000; undivided
profits, $25,000; reserve approximaterly
$25,000.
The organization will have a general
board of directors with three
members from each member bank.
W. W. Mast. W. D. Farthing and P.
A. Coffey are members of the general
board from the Watauga County
Bank.
\ de
paper?Established in the
TY, NORTH CAROLINA. THURJ
""" */ 1
Study Sw-/?g Reforir
hBV -r JSBBBSmi
vvasmngton.?President Rocsevc
reform of the federal judiciary, inc
right to appoint as many as six new
the attention of congressional Icadei
(center), with Senator Ashurst (Ai
committee, and Senator Dieterich (T1
low: Speaker Bankhead of the house,
Sumners <D.). Texas, and Rep. Guy<
FATALLY INJURED li
AS TREE IS FELLEDi
Joe Ward, Matney Farmer, is ]
Killed by Hough of Tree;
Funer.il Sunday
Joe A. Ward 38, years old, well
known farmer of the Matney neigh- <
borhood, received fatal injuries last
Thursday while he was felling timber
in the forest near his home. Information
is that Mr. Ward cut down
a tree, which in turn lodged against
another, a limb from the seeond ,
tree striking him. He died at the
Banner Eik hospital Friday, a frac- .
tured- skuil being given as the im- ,
mediate cause of his demise.
Mr. Ward was known as a substan- ,
Lial citizen, and his tragic death
brings sorrow to a wide circle of
friends.
Funeral services were conducted
Sunday and interment was in the
neighborhood cemetery. The funeral
details are not available.
Surviving are the widow and three
children, Gilbert, Baxter and Victoria
Ward. The mother. Mi's. W.
L?. Ward, of Beech Creek, also survives.
Record Sales Ford
Cars Are Reported :
!
Boone Motor Sales, Inc., local
Ford dealers, believe that they have
set something of a local record in
i the sale of new cars in a six-day
period. Last week the local concern
delivered nine now Fords, and in adjdition
sold six used cars. At the
j beginning of this week only two new
cars were left on the floor, and the
supply of used cars had been reduced
I to three.
Mr. Earl Cook, in reporting the
unusually brisk business, states that
his concern is now receiving two
loads of Fords per week, and that
his firm is able to make prompt delivery.
WILEY GREENE DIES IN
TENNESSEE AT AGE 56
Wiley Otis Greene, 56 years old,
native citizen of Watauga county,
but for the past several years a resident
of Crossville Term IT, 1
at the Uplands Sanitorium, Pleasant j
Hill. T^nn.. last Saturday.
Funeral services were conducted j
from the Bethel Baptist church in j
the Beaver Dam section of Watauga
county today, Rev. J. C. Canipe of
the Boone Baptist church, being in j
charge of the obsequies. Interment
was in that neighborhood.
Mr. Greene was reared in Watauga '
county, where he was known as a
good citizen, and where he had a
large number of friends and relatives.
The survivors include the widow,
Mrs. Floy Greene, of Orossville.
Tenn.; the mother, Mrs. S. C.
Greene, of Boone: two brothers. Geo.
and Ralph Greene, of Ashland, Ky.;
three sisters, Mesdames T. E. Isaacs,
Peoria, N. C.; George Bingham,
Sherwood, and Jake Duffield, Mountain
City. Tenn. Two sons ami three
daughters also survive: John and
Dana Greene, Spencer, Iowa; Mrs.
Jack Shriver, Des Moines, la.; Mrs.
Council! C. Cooke and Mrs. Richard
E. Kelley, Boone.
New York?The unfinished cathedra!
of St. John the Divine has standing
room for 40,000 people.
MOC1
Year Eighteen Eighty-Ei|
3D AY, FEBRUARY 18. 1937
i of Federal Judiciary I j
:It's message proposing sweeping
JuOing giving the President the
justices of the supreme court, gets
rs. Above, Vice President Garner
riz.), chairman senate judiciary
l.l committee* member rip-'nl Re
going- over the -message with Rep. \
;r (R.), of Kansas.
GROUND IS BROKEN !
FOR NEW BUILDING
Messrs. Ilamby and Winkler to
Erect Business and Apartment
Structure
Ground has been broken for another
new and modern business house
in the ton's. ;t waa learned Monday,
tlie structure to occupy the space
between the new I V1 k building and
the Iloone Drug store. Messrs. A. E.
tlamby and YV. R. YVinkler, the own?TS
OJ-" the prnnorty - indiratr* that
there will be a store building 75x25
feet on street level, a full basement,
and one or perhaps two additional
stories, whicli will be divided into
apartments.
The building, it is said, will be
thoroughly modern, and plans are to
have it ready for occupancy within
a few weeks. There is no information
as to who will occupy the first
floor of the new building.
Bethel Hi School Closes
Because of Flu Epidemic
Will Resume Work Monday; Lewis
Dishmuu Suffers Broken I<eg;
Other Community News
On account of a flu epidemic
which was keeping so many children
out of school, and the danger of the
disease being spread more widely.
Bethel high school closed Tuesday
until Monday. Several cases of pneumonia
are reported in the community.
Lewis Dishman, while logging for
Messrs. Ward & Per 1-3' of Sugar
Grove, had his leg broken in two
places Monday. It is reported that
he was driving a yoke of oxen and
that the log became 'fouled" and
that when he attempted to loose it
that he stepped on a slick root and
the oxen jerked the log on his leg.
Messrs. J. B. O'Neal and Clyde
Perry are confined to their beds with
flu at the present time.
Mrs. Louise Perry, who has been
indisposed for some two weeks, is
reported to be some better now.
Asa L. Reese, one of the Bethel
high school boys, has been right sick
with pneumonia for a few days, but
is said to be improving.
Mr. Marshall Ward, one of the
Bethel teachers, was called home last
Friday on account of the death of his
brother, Joe Ward, who was fatally
injured by a falling limb. Mr. Ward
had just bought a boundary of timber
and he and his hands were cutting
the first tree when the accident
occurred.
I r\/?"1.1 M1 ? nf
A-iUVCTl A V/TT JL ICIllt.
Installes New Unit
Dr. B. B. Dougherty, president of
Appalachian, has just purchased
from a utility company in Deland,
Florida, a 400 -horse power electric
unit which will he installed in the
local plant as soon as weather conditions
permit.
The unit has been used for a
short time by the Public Service
company of Florida, but it has been
reconditioned and is practically as
good as new. Dr. Dougherty reports
that the new addition will be
used to relieve the dynamo in opel-ation
at the steam plant here and
that it should double the capacity of
the unit.
RAT
?ht
$1.50 PER YEAR
BIRCHIE POTTER
VICTIM OF BlILLET
FIRED 8Y COUSIN
North Fork Citizen is Killed
Sunday; Two Held in Jail in
Connection With Slaying;
"c-aiiiig Scheduled to Be
Held Saturday
Glenn Brown. 20-ycar-oid citizen
of the North Fork community, was
lodged in the county jail Sunday
evening by Sheriff Edmisten, and
will answer a charge of murder at
the April term of court, growing out
of the fatal shooting of a first-cousin,
Birchie Potter, 25, the tragedy
having occurred shortly before noon
Sunday at the home of John O. J.
Potter. Robert Blown, 16 years
old, a brother to Glenn, came to
Boond Monday and surrendered to
the sheriff, having been charged as
being an accessory in the melee
which precipitated the shooting.
According to the information
gathered by the sheriff. Potter had
parked a truck at the J. O. J. Potter
residence, and Glenn Brown had
insisted that he accompany him in
quest of liquor. Potter is said to
have refused to make the trip for the
illicit fluid, and subsequently proceeded
into the house. Glenn, it is
said, cranked the, truck and was
backing the vehicle, when Potter
emerged from the house. He and
Robert Brown engaged in a fight,
following which Potter started back
in the house. At this point Glenn
Brown ir alleged to have thrust the
.41 calibre Derringer into his right
side, just above the hip and fired.
Potter fcl! through the door, into the
room occupied by his grandfather,
and expired within five minutes. v
Sheriff Eduiisten proceeded immediately
to the scene of the tragedy
ami arrested Glenn Brown. He
states that he was yet under the influence
of alcoholics as was his
brother. There was no information
that would lead to the belief that
any grudge had hitherto existed between
the cousins.
A preliminary hearing for the
Brown brothers will be held before
E. X. Hahn, justice of the peace, in
Boone next Saturday morning at
10 o'clock.
Funeral services for the deceased
were held Tuesday from the late residence,
Rev. Roscoe Trivett being in
charge and interment was in the
neighborhood cemetery. Surviving
are the mother, Mrs. Cooge Potter,
two brothers and two sisters: Roy
and Marvin Potter, Lucille and Ulla
Potter.
. -- Fourth
Arrest in Sparta
Assault - Murder Case
Sparta, Feb. 16.?Sheriff Walter
M. Irvin announced tonight the arrest
of Paul Edwards, of the Saddle
Mountain section of Alleghany county.
for questioning in connection
with the slaying of Elva Brannock,
lG-year-old school girl, whose body
was found 15 miles northeast of
Sparta last Friday.
The sheriff said Edwards had offered
an alibi and that deputies were
checking his story.
Edwards was the fourth person
arrested in connection with the investigation
into the death of the girl,
who doctors said was strangled after
she had been criminally assaulted.
Others arrester! were Everett and
Dclter Fortner, brothers, and Sam
Fipps. The three deny any connection
with the crime and officers
themselves said they did not believe
they had any knowledge of the murder
of the girl. Their stories were
being checked, however, to determine
where they were on the day of
the crime, Sheriff Irvin said.
Elva Brannock's body was found
300 yards from the school which she
had attended. She disappeared February
8 while on her way to school.
The bodv was found four davs later
Tree Planting Near
Finished in the City
Something more than two hundred
silver maple, birch ar.d evergreen
shrubs have been set in connection
with the beau tit ication program
sponsored by the town officials, and
all suitable spaces along Main street
have been planted. When the weather
permits the work will continue on
some of the side streets.
Mayor Gragg again desires to call
the attention of the people to the ordinance
forbidding damaging any of
the plants, and states that violators
will be severely dealt with. Property
owners are very anxious to protect
the trees and a number of them
have indicated their willingness to
build temporary "pens" about the
trees, to protect them during the
early growing period.