The New
Spring Styles
are now on display at our store and are
bringing out the greatest and most fav
orable comment.
IT IS NO LONGER NECESSARY
TO TRAVEL ELSEWHERE TO
GET THE LATEST STYLES AND ~
FABRICS.
We have on display the very cream of
New York and Paris creations and the
Mills most popular in weave and you can
save the expense of the trip to purchase
more of the things you wish. And it will
be interesting to you to know that we
have purchased this stock so that it can
be sold to you for less than big city prices
COME AND SEE.
Fascinating Spring Dress Styles
Dresses for spring and
summer wear that tell
their own story of value.
Representative of the
newest styles, carefully
fashioned from the new
est fabrics and marked
at prices much less than
you would expect, they
offer every woman a
chance to dress econom
ically and well.
LADIES DRESSES, all shades $2.95
LADIES DRESSES, all shades $4.95
LADIES DRESSES, a 11 shades $8.95
LADIES DRESSES, all shades $14.95
LADIES DRESSES, all colors $21.50
LADIES DRESSES, all colors $24.50
LADIES COATS, all shades and styles $4.95 to $$4.50
LADIES COAT SUITS, all the new styles and
colors . $14.50 to $24.50
NEWEST OF THE NEW
PUMPS "AND OXFORDS
That you will see just what you want in spring Foot
wear in our present display, is a foregone conclusion,
for we have the newest of the new styles on view.
LADIES' SHOES, OXFORDS AND PUMPS
Of the very latest styles and colors
$2.95 to $6.50
DRESS GOODS
NEW SPRING DRESS GOODS IN THE VERY NEW
EST PATTERNS. COTTON GOODS , WOOLEN
GOODS, SILKS, CREPES AND SATINS. OUR
PRIONS ARE TBE LOWEST TO BE FOUNT) TN
LOUISBURG. LOOK AT OUR WONDERFUL DIS
PLAY OF DRESS GOODS AND McCALL PAT
STERNS FOR YOUR NEW SPRING DRESS.
All The New
MILLINERY
That's what yon will think
when you see the liibral
display of new styles we
have assembled. Each Hat
is a very special value as
these prices prove.
LADIES' & CHILDREN'S NEW
SPRING MILLINERY
All of the latest colors and shapes
trimmed and untrimmed
98c to $7.50
F. A. ROTH COMPANY,
Louisburg N C THE store that always sells the cheapest
TOBACCO GROWERS
RECEIVE JOLT IN THE
SUPREME COURT
Decision Regarded As Import
ant Ruling
Injunction To Force Delivery Will Not
Lie Before Preceding Year's Settle
ment Is Hade ? If It Wants Equity
It Mast Do Equity, Court Declares.
Invoking the principle that "he whe
comes Into equity must do so with
clean hands" the North Carolina Su.
preme court held yesterday that the
Tobacco Growers' Co-operatlye Asso
ciation cannot obtain an Injunction to
enforce delivery of a member's crop
when It has not settled with the mem
ber fo? the preceding year and when
the member needs the monoy from his
crop to buy necessary supplies.
Opinions handed down yestwday In
cluded two victories for the Co-opa
but the defeat looms much larger and
la regarded as the most Important
opinion affecting the association since
the original decision holding tho law.
under which the association la char,
tered to be valid and Its contract with
members to be binding.
The case In which the association
received Its severe Jolt by a unani
mous decision of the court was that
against J. L. Bland, of Craven county.
At the hearing below It developed that
the defendant had delivered all of his
1922 crop and two-thirds of hlo 1923
crop to the- nssoflatlon. It further de
veloped that the value of the 1922 crop
on the open market would have been
?bout $1,600 and that at the time of
the hearing the defendant had receiv
ed only about $800. There was also
evidence that the association had de
ducted $86.80 from advances to plain,
tiff on account of failure to deliver to
bacco of his tenants. The Supreme
court has already held that this de
duction was Illegal and that a mem
ber Is not responsible for delivery of
tobacco of his tenants and this deduc
tion was made the basis of the action
of Judge J. Uoyd Horton In dissolv
ing the injunction.
The supreme court In Its opinion
yesterday, which was written by Jus.
tlce W. A. Hoke holds that this breach
of the contract was not material and
In velw of the association's tender of
a refund does not constitute gTound
for dissolving the Injunction.
The contract of the association with
Its member^ does not specify when
payments are to be made but leaves
that matter to the discretion of the
directors. Judge Horton based his
order entirely on the deduction of the
$36.80 but the Supreme court takes a
contrary view.
"While we are of the opinion as
stated that the (acts bb now presented
would not uphold a finding of bad
faith on the part of ,the association
and Its management, It does not all
follow that on this record t^e court
should continue an Injunction to the
hearing In aid of the plaintiff's suit."
declares that opinion, which holds that
the failure to settle while preventing
an Injunction "Is not of sufficient pro
portionate Importance to justify an en
tire severance of the contract rela
tion."
After setting forth the facts. Judge
Hoke has the following to say In re
gard to the association's position.
"True, plaintiff has made denial as to
the amount due on the crop of 1922 or
that there Is anything due, but con
sidering the fact that plaintiff kept or
should have kept proper entries show.
Ing what has been done with the crop
of 1922 and that plaintiff or Ita officers
and agents had acces+to 1U books. Its
statements as to the disposition of the
crop of 1922 and Its denial of the
amount due are entirely too general
for a court to look with favor or to
act on them."
The action In dissolving the Injunc
tion la Justified as follows: "It Is re
cognised that one who Invokes In this
way the equitable power* of the court
(or the ifrotectlon of hla rights must
not by hie own breach of duty have
caused the Injuries or threat of them,
of which he complains, a position to
some extent embodied in the more fa
miliar maxim "that he who comes Into
equity must do so with clean hands."
Judgo Hoke distinguishes between
the cnne at bar and those In which res
training orders were continued by de
claring that in those cases the defend,
ants were Inreslstance to the associa
tion while the defendant Bland had
done all In his power to perform the
contract.
Such a situation was presented in
one or the oases decided yesterday, in
which Judge Horton dlsaolv d an In
junction against Pete Spikes, of Cra
ven County, on the gTound that the
fact as to the execution of the con
tract was in dispute. Judge Horton Is
reversed in a brief opinion written by
Jt^dge Hoke.
^Tho association also won a victory
by approval of It* verdict against O.
H. rut man, which wss won after a
long light before a Pitt County Jury
last August:
Plttman attacked the contract on
these grounds, alleged failure of the
association to secure the ) oceeeary
signup, fraud la procuring his signa
ture and mismanagement of the asso
ciation. A Jury found for the assocla-'
MRS. HOY TELLS OTHERS J
EXPERIENCE WITH TANLAC
n T * .
Tennessee Lady Was On Verge
of Nervous Breakdown When
She First Tried Tanlac ?
Now Troubles Are Gone.
People wo feel the need of an up
building tonic may buy Tanlac on the
amurance of more than 100,000 wen
known men and women who have
publicly testified to the splendid re.
suits they have derived from Its use.
Among the hundreds of Tennessee
people who have testified to the mer
its of the medicine is Mrs. Mary E.
Hoy. esteemed resident of 2577 Prince
ton St., Memphis, who says:
"After the way Tanlac has improv
tlon on the fraud issue, and the Judge
set aside an adverse verdict on the
signup Issue on a question of law.
The association contended that Pitt
man should have read his contract and
In support of this position Chief Jus
tice Clark says:
"There is no necessity of going over
the well settled law In a case where
the plaintiff had the fullest opportu
nity to read the paper before signing
and where there is no evidence that
there was fraud or device to prevent
him from reading the same."
Declaring that the decision Wednes
day of .the North Carolina Supreme
court In the case of the Tobacco Grow,
"era' Co-operattvo Association against
J. L. Bland rests upon the facts pecu
liar to the case, James H. Pou of the
Raleigh bar, yesterday Issued a state
ment in which he asserts the Court
does not hold that unless the associa
tion has settled with its members for
one year's crop that It cannot secure
an Injunction against them to prevent
them from selling their next year's
crop in violation of their contract.
Mr. Pou's statement follows:
"The opinion holds that the Associa
tion directors are given the discretion
to Bell the tobacco when they see fit,
and unless they are guilty of fraud or
bad faith, or delay so unreasonable
that bad faith can be mferred, their
management of the business cannot be
attacked. The Court does not hold
that unless the Association has settled
with Its members tor one year's crop,
it cannot secure an Injunction against
them to prevent them from selling
their next year's crop in violation of
GAL TWO?Tobacco Growers Receive
their contract. It follows that the As.
sociation Is not compelled to make a
final accounting for one year's crop
before the next Is harvested and de
livered to It.
"The decision rests upon the facts
peculiar to the case and without pass
ing at all upon the rights of the Asso
ciation to enforce its contract against
Mr. Bland, holds that prior to the trial
by Jury they cannot say that the trial
Judge In his discretion committed er
ed my appetite and if;fsti0n, steadied
my nerves and built up my weight and
stfength I can apeak of It only as a
wonderful tonic and medicine.
"Before taking Tanlac I was so run
down, weak and nervous than ?eem
ed to be right on the verge of a com.
plete breakdown. Three bottles of
Tanlac gave me a keen relish for my
food, made my sleep sound and rest
ful and did me so much good In every
way that I believe it will help anyone
who gives it a fair trial."
Tanlac is for sale by all good drug
stores. Over 40 Millioh Bottles Sold.
Accept No Substitute.
Take Tanlac Vegetable Pills.
ror in refusing to grant & preliminary
injunction when the defendant had en
deavored In every way possible to per.
form his contract, was compelled to
sell a small portion of his crop outside
of the Association, and when the re
cord does not disclose that the Asso
ciation gave to defendant, upon his re
quest, an accurate statement of his
account with the Association.
"The Superior Court required de
fendant to give bond to protect the
Co-ops and referred the matter to the
jury to be tried on the merits. The
Supreme Court approved the ? low?r
court and the case now stands for
trial In the regular course."
? Subscribe to Th? Franklin Tim.?
$1.60 Per Year In Adna?f
I Got a
BANK BOOK
NOTE THE HAPPY SMILE, THE EX
PRESSION OF PRIDE IN THE POS
SESSION OF A BANK ACCOUNT.
HAS YOUR BOY MADE THIS START
TOWARD A SUCCESSFUL LIFE? IF
NOT, NOW IS THE TIME TO HELP
HIM GET STARTED. SEND HIM IN
AND LET US TALK TO HIM.
J. M. Allen, President T. H. Diokens, V-P)rwr>
H. M. Stovall, Cashier S. M. Par ham, Asst. Cashier