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TUB
IX ADTUCI
The Franklin Times
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PAPIB? Sem4 __
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THE COUNTY, THE 8TATE, THE UNION
VOLCHK LI.
8CB8CBirnon ilm p.
LOCI8BCKG, H. O, FBIDIT, HAT 12, 1989
.1UMM* 11
brinqo quit ?
AGAINST STATE .
TAX COMMISSION
To Compel! Touting T ay Y.r
empt Property *
AMOUNTING TO OVER A BILLION
DOLLARS ' -
9 -
To Be Heard Before Jrnljje T. 11. Cal
Tert In Kalelgh, Monday, May 82nd ?
Promises Big Seduction to Farmers
In Taxes.
rv?^?n' W' M' Perao". Candidate for
al DisWct in 'heRF?"rth ConKreBaion
rDn t*
cur i? d0n af WX,rth of
K k. ! 09 th0 b|K?e? return
Sfr?HSrF?
jywnSsSSS
inv^8' t'nce 11 ls the flr3t ?me that
suU ^n6^38 ^ad the nerve 'o bring a
h ?S ThPlta' t0',Pay ,t8 SU"e
^,7.? ? The complaint follows
Honorable J. H. Kerr, Judge
Superior Court: > Juage
'e;tPl?lnti:t comP|a'n'ng of the Ua
^ ilt above named, says and alli.d
ile'i'o'nt- a resident of
' e 'I >.anklin, Sta.a of \orih
far ?r,lt ls a property owner rud
taxpayer in said- county and State.
Stale t? A defendant, Board of
State Tax Commissioners, duly cre
ated under the Public Laws, with it.
duties duly defined in Chapter 3S, Pub
t nn^fV ?f. 1921- as set out in Sec
tion 3 of said Act as follows- "It shall
sha ,heh"Uiy ?f 8aid ??ard* and they
shall have power and authority to
have general supervision of the' sys
?f taxation throughout the State
nerval havelaud exercise general su
pervision ovler the administration of
made relative"0^ an^unKorm.' and
at its true value in money; to re
quire all- county, township and city
assessors. Boards of Equalization, and
levy and assessment officers, under
penalty of forfeiture and. removal
rrom office such assessors or Boards
to assess all property of every kind
and character at its true value in
money."
?at>rtfcle Five' Section 3, of
v, ii if Constitution provides, laws
shall be passed taxing, by a uniform
rule, all moneys, credits, iuvestments
in bonds, stocks, Jojnt-stock compa
nies or otherwise, and also, all real
and personal property, according to
the true value, in money.
4. That under the law and accord
ing to the power and direction of the
Constitution, as above set out it is
the defendant Board's duty to have
listed in the various counties of North
Carolina for the purpose of taxation
ail moneys, credits, investments in
bonds stocks, Joint-stock companies,
or Otherwise, according to the true
value in money.
5 That Chapter 90, Section 4, Pub,
lie Laws 1919 provide, that corpora
tions, limited partnerships and joint
stock associations, liable to tar In
capital stock under this Section, shall
not be required to make any report or
pay any further taxes on mortgages
bonds, other securities and credits Is
sued by them in their own rights. In
dividual stockholders In any corpora
tion, Joint-stock associations, limited
partnership*, or company paying a
'2? J'8 cap)tal stock, shall not be
pay any tax on "aid stock
or list the same, nor shaft comora
tions legally holding capital stock In
other corporations, upon which the
U?X..I?V P",d !7 Ule corporations
Issuing the same be required to pay
sam ?n /Ba^ 8toc^ or llBt the
ii 6 V That Chapter 92, Section 43, Pub
lie Laws 1919 provides In sworn ap
praisal of capital stock the following
named officers of such corporation
limited partnership, or Joint-stock as
sociation namely.the president, chair
man, secretary or treasurer, after be
Ing duly sworn or affirmed to do and
perform the same with fidelity and
according to the best of his know
ledge aad belief, shall estimate and
appraise the capital stock of said
company at Its actual value In cash
on the first day of May, after deduct
ing therefrom the assessed value of all
real and personal estate, ..pon which
the corporation pays tax and the ral
ue of the shares of stock legally held
and owned 6y such corporation in oth
er corporations Incorporated In this
State, and paying taxes on Its capital
slock In this State, as Indicated o
measured by the amount of profit
either declared In dividends oV car-'
rted Into surplus or sinking f.md xxx
Every such corporation may also show
fVtinui?1 !rT lh" totaI "mount oT
Its capital stock surplus and individ
ual profits, the total amount of invest
ments in bonds of 'this State and
Farm X-oan Bank and bonds of the
Jolnil HlocE Land Bank. which hare
been ^ield as a continuing investment
by such corporation for a period of
not les? than three months prior to
the day on which such report Is re
quired by law to be made.
6 1-2. That Chapter 107 Public
Laws of Extra SesstoffT>f 1921 amend
ing OeeMuu ? ur L'llAtHer .Sis uf ffie"
Public Laws of 1921, provides "there
may be deducted from the ltenxs of
surpluB and undivided profits an a
mount not exceeding five (6) per cent
of the bills receivable of said lnstltu.
ilton tp cover bad and Insolvent debts
? there~shall also be deducted from
the Items of surplus and undivided
.profits, Investments by banks In bonds
of this State, of the United States Gov
ernment. of the Federal Farm Loan
BankB and of the Joint-Stock Land |
Banks as the actual cost price of Bald
bonds to the bank claiming said re
ductions" ? which said statute Is un?
lawful, unconstitutional, unjust In
equitable and against public policy.
I . _ This plaintiff avers and alleges
that Vatd statutory enactments, as set
out In paragraphs^ and 7 herein, and
all otli?r exempting statutes, are un
lawful, unconstitutional, null and void,
and as a result pt which the corpora
tions of North Carolina, and the own
ers of the stocks and bonds, including
the owners of preferred stock In same
are permitted to escape taxation, and
by the devices, camouflage and fraud
as set out, all of its stock capital,
common and preferred. aret exempt
from taxation, and with the exception
of an Irreducible minimum on their
visible real estate and plants, pay no
tax at all, all of wiilch is unlawful,
unconstitutional, contrary to public
policy, unjust and inequitable.
8. As a result of said csynoufiage,
frcud. and the enactment of said un
constitutional exempting statutes, a
very large percentage of the wealth
and money in the State of North Car
olina do not bear any part of the bur
den of government, either State, coun
ty, district and municipal, contribute
nothing for the support of our great
educational system, good r">tds. and
the bonded indebtedness of the coun
ty. distrio? and municipal corpora
I t'ions, all of which is unlawful uncon
stitutional. and contrary to public pol
icy, unjust and inequitable.
9. That as result of a studied ef
fort of the corporations, and Its stock
i holders, capital, common and preferr
ed, to escape the burdens of govern
ment, state, county, district and mu
nicipal, the effect is to place It all on
the rural homesteader, the town .and
city dwellers, artd tlwi farm lands of
the State, the valuation of which has
been increased many times its mar
ket or selling value, and with no de
crease in its rates, until the taxes as
sessed against the above classefhave
become confiscatory to such an ex^
tent, that the tax payers are rapidly
becoming bankrupt.
10. This plaintiff avers and alleges
that if all the wealth and property of
the Slate were placed on the tax books
so as to^>ear its equal burden of gov
ernment, then the taxation of the vis
ible property of the St^te would be
decreased pro tanto, and the same a
mount of money raised for -the purpose,
of maintaining the great institutions
of the State. I
II . That there are thousands of
stockholders and owners of stock in
the corporations and boards whose
property and estate in said stocks and
boards are exempted from taxation of
any kind, and the pretense and claim
that they are paid by the corporation
are false and fraudulent contrary to
the uniformity clause of the constitu
tion as all stock and bonds are liabil
ities of the corporations, and Bald
'claims are smoke screens and a cam
ouuage to hide their duplicity from
the burdened taxpayers of the visible
property of North Carolina.
12 That It Is the duty of the de
fendant Board of State Taxation to
have listed on the tax books for the
purpose of taxation by the owners of
the stock, all the corporations prop
erty In the State, at Its true value in
money, also the capital common and
preferred stock of the stockholders
and purchasers of the stock and this
plaintiff Is Informed and believes that
they will amount to more than one
thousand million dollars, that are now
absolutely tax free and exempt from
any. tax for any purpose whatever, by
reason of the exempting statutes of
North Carolina, all of which are un
lawful, unconstitutional, and contrary
to public policy, unjust and Inequita
ble, to every taxpayer in North Caro
lina.
Wherefore, your petitioner prays
your Honor upon the allegations here
in set forth, to declare .and adjudge
the I^eglslntlro enactment reducing
and exempting any property In North
Carolina, unlawful, unconstitutional
unjust, Inequitable, and against public
polloy. ?>
That yonr Honor will direct a sum
mons aixl nrttlce to the defendant
Board of State Tax Commissioners to
appear before your Honor In Cham
ber In the Town of Loutsburg, N. C.,
on May 15, 1922, and show cause If
?any cAn.why a peremptory man
damus should not Issue against It re
quiring and compelling It to place and
list all the property in stocks, capital,
common and preferred, now In the
hands of the Individual stockholders
and owners In North Carolina, and
that the same be listed In the names
of the true owners, the stockholders
and bond holders Individually at Its
true value tn money, an^ for such oth
er and further relief ai plaintiff la en
titled to In the premise*
? W. M. PERSON.
Attorney for Plaintiff.
WHAT IS BEING DON!
L IN KENTUCKY
By Co-operative Marketing of
Tobacco ? ? ? ?
TUESDAY, MAY 18TH, 1W2
Messrs. L. Y. Morrell, E. D. McDowell
And H. H. B. Mask To Tell Frank
lin County Karaiers or Success of
Venture ? Everybody Invited.
Mr. "IT. V. Morrell, Field Manager
of this district tor the Tobacco Grow
ers Co-operative Associations was In
Louisburg Monday and jirjrjuiged tor
holding a meeting of the farmers of
Franklin County in the Court room' at
the noon recess on next Tuesday ,? May
16th. for the purpose of telling the to
bacco growers of the success of the
Tobacco Growers Cooperative Market
ing Association in Kentucky the past
year. They Bay they have facts and
figures that every farmer s eager to
know and is entitled to have. Among
the speakers expected to be present
besides Mr. Morrell, are Messrs. U.
H. B. Mask who Is Field Manager of
the Cotton Growers Association for
the State, and Mr. E. D. McDowell,
with the Tobacco Association.
These gentlemen have a lot of first'
hand ^Information that ev ry member
of the Associations in Franklin Coun
ty should t^ave and all those who are
not members. Therefore an Invita
tion is extended every Cotton and To
bacco grower in Franklin County to
attend this meeting and hear of the
?wonderful success of Co-operative Mar
keting In Kentucky and what your as
sociations are doing in North Caro
lina.
W. M. Person, being duly sworn
says and deposes that the foregoing
complaint and petition are true to the
best of his information and belief, Ex
cept those matters therein stated on
information and belief, and as to them
he believes it is to be true.
W. M.- PERSON.
Sworn and subscribed to before me
this May 3i;d, 1922.
E. FLOYD TWITTY, N. P.
In the foregoing action It la ordered
by the undersigned Superior Court
Judge that the defendant, Board of
State Tax Commissioners, and A. D.
Watts, Commissioner of Revenue, ap
pear before Hon. Thomas H. Calvert in
the city of Raleigh, N. C. In the 7th
Judicial District at 10:00 o'clock A.
M. on the 2 2nd day of May, 1922 at
the Court House in said City, and show
cause why the relief prayed for by
the plaintiff in this proceeding should
not be granted.
Let a copy of this order and the pe
tition and complaint, together with a
bond in the sum of Two Hundred Dol
lars, to be approved by the Clerk of
the Superior Court of Franklin Coun
ty, as prosecution bond, be served up
on the said defendants as provided by
law.
J. H. KERR.
Judge Holding Courts In the Tenth
Judicial District.
We, W. M. Person, of the County of
Franklin, State of North Carolina, and
P. Taylor, as surety, undertake In
the sum of $200.00 that the plaintiff
in the above entitled proceeding will
pay to the defendant all damages and
costs not exceeding the sum of $200.
that the said defendant may sustain
by reason of an order of the Superior
Court of North Carolina to the defen
dant tit show cause why a peremptory
mandamus should not issue against it
directing it to place on the tax books
tor the purpose of taxation all the so
called tax exempt stocks and bondB
in the State of North Carolina, if the
Court should Anally decide that the
plaintiff was not entitled thereto.
W. M. PERSON,
R. P. TAYLOR.
North Carolina,
Franklin County.
R. P. Taylor being duly sworn says
and deposes; that he Is a resident of
tlie County of Franklin, State of North
Carolina and Ib worth the sum of $200
over and above' his liabilities and the
exemptions allowed him by law.
R. P. TAYLOR,
^worn to and subscribed before m?
this 6th day of May, 1922.
J. J. BAROW.
Clerk Superior Court. )
To the Board of State Tax Commls- I
sloners:
You will take notice that the plain
tiff having given the undertaking re
quired ot him by the order of the
Judge of the Superior Court of North
Carolina, herto attached, you are here
by commanded and required to ap
pear before the Hon. T. H. Calvert.
Judge of the Superior Court for the
7th Judicial District of the Stnte of
North Carolina, on Monday the 22nd
day, of May 1922 in Chambers In the
OUy of Raleigh, N. C. and show cause
ff any it can. why a premptory man
damus should not Issue against It, or
dering and directing it to place on the
tax hooks all (locks and bonds des
cribed in the petition herein In the
names of the individual owners and
stockholders for the purpose M taxa
ttpn.
J. J. BARROW,
Clerk of Superior Cpurt.
tOriSBl'KG GRADED SCHOOL COM
MENCEMENT
Commencement at the Loulsburg
toaded School will begin with out
door exercises by the children of the
fe*. second and third grades . These
?h?lU?TO win 1m> gIVAfa Thflrsday a t
ptmoon on the Graded School cam
???, If the weather permits.
Thursday evening Miss Sal He Wlll
tanft class In music will give their
?Banal concert In the auditorium.
? RHday afternoon the Settlors will
fcoU their class day exercises on the
eulpua. Frday evening Mr. Tom
Btttt, of newspaper fame, will deliver
the commencement address in the Bap
tist Church and the diplomas will be
presented to the graduates.
Invitations to pu^fl-toVn fr|?utla
of the graduates have been sent read
iQS as follows: Class 1922. The
Settlor Class of the Louisburg High
School request the honor at your
p?? hill at the Commoncenyent Exer
dm on May the nineteenU^wlneteen
hMndreil and twenty-two. L/Ouisburg i
Kodth Carolina. Class roll, Annie j
Willis Boddie, Josephine Bryant. Maur
ice Bmlth Clifton, Jr., Myrtle Virginia
Drake. Gladys Virginia Gill. Emma
fcawrence Joyner, Alma Louise Perry,
E3e*nor Loia Perry. Virginia Elizabeth
PerTy, George Ruffln Stamps, Reuben
Turner Strange, Eflie Lynn Taylor,,
Gorton Leigh Uzzell. Flower ? Sweet
Pea. Colors ? Lavendar and 'White.
Motto ? Vove Victor. > -
The public is cordially invited to
all of these exercises.
LOIISBIRG COLLEf.E ALUMNAE
At a called meeting of the Alumnae
ot Louisburg College at Mrs. J. E.
Malone's several important matters of
btufoess were taken up for discussion.
The first matter for consideration
vrtiasthc question of officers. Mrs. J.
E J J iajone, president of the associa*
tk*? tendered her resignation from
thSofFice. Mrs. W. H. Yarborough
also resigned her office as seecretary.
TlMSe resignations were accepted by
th*kssociation with many expressions
of fftgret and of appreciation for past
TOte following officers were unani
mously elected to serve during the
copUig -alumnae year: President,"
m Q. M. Cooko; Vice-President
MB. IS. J. Parham; Treasurer. Mrs.
J. GiNewell; Secretary, Mrs. A1 Hod
M Editor of Alumnae Bulletin, Miss
' I*4r?UMirer reported $61.62 on
nana. The suggestion was made that
a portion of this sum be used to get
out a bulletin designed to inform the
alumnae of College matters and to re
new their Interest in the same. Af
ter much favorable discussion this
motion was carried. Miss Mabel Da
vis was elected editor-in-chief with
power to choose .her own associates.
Owing to a very fufl commencement
program and .to its bejng late in the
season to begin making such arrange- |
ments it was decided not to attempt
an alumnae banquet this year; but to
begin planning next year early enough
to make it the most successful ban
quet in many years.
BIRTHDAY PARTY
Little Miss Jennie Williams Newell
entertained a number of her friends
Wednesday afternoon, April 26, from
four to six o'clock in honor of hex
sixth birthday.
Many interesting games were played
but the most enjoyable was the don
key contest. Each child blind-folded
tried to pin the donkey's tail in th?
right position. Wirfston Whitake*
received the prize for bein? the most
successful in his attempt, and Mar>
Neal Saunders received the booby foi
pinning the donkey's tail on his ear.
After the contest the children were
invited into the dining-room wliicfc
was tastefully decorated in pink and
white, where i??--y were iter mi with
ice-cream and cake.
The children received little chick
ens and rabbits 'as favors. The fol
lowing children enjoyed little Mlsi
Ne wall's hospitality and wished
many happy returns of the day: Miss
es Patricia Holden, Kate Allen, Mary
Lee Kearney, Edna Perry, Gertrude
H<>lden, Annie Taylor, Mary Neal
Siunders, Elofse Simpson, Prances
jSnilthwlck, Lucy Newell, Elizabeth
iNeifrell; Jack Taylor. George Ragland,
I John Atwood Newell, Winston Whit
aker, Neal and Newell Allen, Joseph
Henry Kearney. IX>uglas Perry, Sid
H"lden, Jr., and Sam Allen.
BAPTisT^vn ciui'Li: J
The 8tudy Circ le of the Baptist Wo
man's Missionary Society met Monday
afternoon at four o'clock with Mrs.
F. W. Wheless. hostess.
A largo number of members and
several visitors were present. Mrs.
K'ltfna Allen conducted the lerfson
v. Iilch was very interesting. A de
lightful salad course was served.
THE Hl'DHOX STORK CO.
The above is the style of a new firm
for Loulsburg which has been formed
by Ifr. C. C. Hudson and others,
'i' bey have purchased the bankrupt
Mock of C. C. Hudson Co., and are
moving Jt to the hotel building next
floor to the Farmers and Merchants
Rank, where they will keep In addi
tion to a general stock, a full stock of
musical Instruments.
THE FRANKLItf TIMES
$1.60 Per Year in Advanca
L0CI8BCB6 COLLEGE COSTSKHCE.
* MEJTT.
Invitations to the Annual Commence
ment exercises of Louisburg College,
which begins on Saturday, May lJth,
hare been mailed- ' .
" The program Is as follows:
Satwdar,. May 13: 4:00 p. m. ?
JunloT ConcBrt. 5:00 p. m. ? Art Ex
hibit. 8:00 p. m. ? Senior Reception.
Sunday, May 14; 11:90 a. m. ?
Baccalaureate Sermon, Rer. S. B.
Turrentlne, D. D., President Greens
boro College, Greensboro. N. C. 3:U0
p. m. ? Sermon before Young Wom
en's Christian Association, Rev. S.
B. Turrentlne, D. D., President
Greensboro College, Greensboro. N. C
Monday, May 15: 8:00 p. in. ? Play
by School of Expression .
Tuesday, May 1ST I : JO y. HI.? '
Class Day Exercises. 8:30 p. m. ?
Grand Concert. ?
Wednesday, May 17: 11:00 a. m.??
Graduating Exercises. Literary ad
dress before Graduating Class, by
Hon. E. W. Pou, Representative in
Congress from the Fourtn Congres
sicnal District of North Carolina. Li
pomas, Bible,
The marshals and Class roll is as
follows:
Chief .Marshal ? KaCherine Melvln;
Assistants ? Elizabeth Kittrell, Frances
Brown, Susie Crowell, Goidie Morrl
sette. :
Class ~Roll ? Maude Aah'ey, Julia
Wyche Allen, Janie Bol>6n, Susie Ben
ton, Ellis Credle, Willie Burt Fuller.
Clara Green, Irene Gupton. Betti,e ,
Holden, Lucille Holden, Emi'y Inscoe,
Lat >! liiscoe. Mary Joyner, Oaii BI.ls
Lu.tis, ra.u e-; Ledbetter, 1-Jli : Lbct h
Manning. Margaret Morgan. Nellie
Newbern, Willie Pleasants, Eugenia
Pittman, Alma Scull, Frances amith
wlck, Irene Taylor, Mary Towe, Sara
Towe, Mary Winstead, Rhoda Wiu
stead.
CAPTHMiS frHLL.? 1
Constable J. S. Finch, of Sandy
Creek township, reports the capture
of a complete still outfit on the lands
of Mr. C. S. M'erritt oil Friday, April j
28th. He says there were two ne%
groes there who ran, one of whom
shot at him, and he returned the shot
causing him to drop about three
quarts of whiskey and his coat.
MISS Meht>.\E TAKES I'ABT
I One ol the most impressive events!
| of th* it at WawkBitonMr, Wn> i
'ville, Tenn., was the presentation on!
Wednesday evening, of the "Canticle
of Pan" by the Senior Middle Class. |
Miss Dorcas McKinne daughter of
Mr. and Mrs. David McKinne of this j
city, took part in the production which !
was given on the campus under the
direction of Miss PauLLne Sherwood
Townsend of the School of Expres
sion. Miss Townsend adapted the ,
play into pageant form from the poem
of Witter Bynner.
THE FRANKLIN TIMES
$1.50 Per Year In Advance.
AMONG THE VISITORS
SO*E YOr K*OW A!TD SOK IOC
BO SOT mow.
Personal Items About Folks !?<
Their Friends Who* Travel H?r*
Aad Ther*.
Hon. W. M. Person was a visitor
to Raleigh Tuesday. - /
Mrs. M. E. Whiteside, of Wilson.
Is visiting her brother, Mr. P. N.
Egerton .
Mrs. C. O. Bedford, of High Point,
IS IBB guest of Mrs, E. F. Thomas
this week. * '
Miss Louise Thomas, of Raleigh, Is
visiting her brothers and slsters-jtn and
near Loulsburg. '
Mrs. M. 8. Davis, who has been
staying with her daughters in Oxford
ind Warrenton is in town for a while.
Messrs. C. E, Coble and Harry
Avarett. of the Oxford Public Ledger,
were visitors to Loulsburg 'Wednes
day.
Mrs. Thomas [, Cheek, of-Ohio, who
has been visiting her mother, Mrs.
W. A. Parrish, has returned to her
home.
"Ml . H . ?H . B. Mask, of the Cotton
Co-operative Marketing Association,
of Raleigh, was a visitor to Louisburg
the past week.
Mr. G. L. Aycock left yesterday for
Norfolk to be present at the tun -ral
of his wife's mother, Mrs. J. A. Good
wyn.
Mrs. J. R. Renn and daughter, of
Spring Hope, who has been visiting
her daughter, Mrs. J. L. Collier, has
returned home .
Editor Bignall S. Jones, of the
Franklinton News, was in town yester
day, and informs us that the News
will make its first appearance on next
Wednesday .
HIGH SCHOOI .SENIOR PARTIES
The parties were given last week
in honor of the High School Seniors.
The first was a Rook party adven oil
chicken salad and tomatoes with may
onaise, saltines, beaten biscuit and
Ice-tea were served. The decorations
uid favors were sweet-peas, the class
Bower.
On Friday evening Mr. RuflUn
Stamps entertained the senior class
ind the High School faculty. Many
jolly and amusing games were played,
jfter which a salad course followed
by ice-cream and cake were served.
FOR FIRST CLASS JOB PRINTING
PHONE NO. 283.
TvVT"
HON. WILLIE *. PKBSOS
Candidate for Congress from the Fourth Congressional District who |hw
an hln platform "equal rights to all, low taxation, and listing uppon Ibtlki
books of the State all of the property, including the so-called tax ?NB|t
stocks and bonds. In the name of the individual owner." He Is the one BkO
In North Carolina who has had sufficient "backbone" to bring suit to compal
the listing of the more than a billion dollar* worth of tax free stocks, bonds
and sec. rtjes, that are now enjoying all the improvements and progressive
movements In the 3tate and escaping their Just amount of the burden of taxa
tion,
^ Mr. Person will address the people of Franklin County at Louhburg, on
Mondj" May 15th, 1922 at the noon reftess of Court.