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THE COUNTY - THE STATE - THE UNION
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VOLUMN LXVI.
SUBSCRIPTION 91M Pot Year
LOUISBURG, N. CAROLINA, FKIDAY, JUNE 14, 1935
EIGHT PAGES)
NUMBER 17
DRYS ENJOIN CON
TROL ELECTION
HEARING SET FOR WEDNESDAY
JUNE 19TH
Before Judge Clawsou L. Williams at Ea^igh ? Com
plaint Signed by W. H. Thorough and G. M. Beam,
Attorneys for Plaintiffs and S. E. Wilson, Affiant ?
Not to Interfere With Machinery Until After Hear
ing ? Complaint Charges Unconstitutionality and
Sets Up Claim to Substantiate Charges
That the Dry, or anti-control
force In Franklin County are mak
ing an effort to atop the election
called for Saturday, June 29th,
1936 for the purpose of determin
ing the wishes of Franklin County
voters on whether or not the sale
of whiskey within the County
should be put under control and
taxed was made evident on Mon
day when they secured an order
signed by Judge Clawson L. Wil
liams, to appear before .him In
Raleigh at 2:30 o'clock on June
19th, 1935, to show cause why
the election should not be per-{
manently enjoined, directed to the
members of Franklin County
Boards of Commissioners and
Elections.
The affidavit and complaint,
which was signed by W. H. Yar
borough and O. M. Beam, attor
neys for the plaintiffs, and S. E.
Wilson, affiant, listed as plaintiffs
J. T. Inscoe, J. L. Brown, C. T.
Hudson. R. /N. Shearon, S. C.
Eaves. S. E. Wilson, J. J. Cooper,
J. R. Pearce, C. C. Pippin, D. O.
Murphy, J. R. Parrish, of Frank-,
lin County, and Charles Ruffin, of
Wake County, and the bond was
signed by S. E. Wilson, S. H.j
Averitt and MeM. Furgurson.
The complaint covers seven
legal size pages closely typewrit
ten and besides the formalities
and other things set out the fol-l
lowing, which constitutes the gist
of the argument:
That the plaintiffs are inform
ed and believe, and so aver, that
said House BUI No. 1491, so at
tempted to be enacted by the Gen
eral Assembly of North Carolina,
is unconstitutional and void, for
that:
(a) Said Act violates Article
1, Section 7, of the Constitution
of North Carolina; that It attempts
to supersede and nullify In respect
to the counties named therein, a
general and public law prohibit
ing the sale, possession and trans-, i
portatlon of intoxicating liquors,
which was designed to operate
without exception or partiality
throughout the state; that It sets
at naught the guarantee of said1
Section of the State Comtitutlon
that every valid enactment of a
general law applicable to the
whole state shall operate uniform
ly upon persons 'and property 4
.giving to all under like circum
stances equal protection and se
curity, and neither laying burdens,
nor conferring privileges upon any
persons that are not laid or con
ferred upon other persons of the
same circumstances and condi
tions; that it violates that funda
mental principle of law which de
clares that in the exercise of the
police power classification must
by natural, not arbitrary, and
must always rest upon some dlf-|
ference which bears a reasonable
and just relation to the Act In
respect to which the classification
is proposed and can never be
made arbitrarily and without any
such basis.
(b) That said Act violates the
Fourteenth Amendment to thei
Constitution of the United States.
, which guarantees to every person
equal protection of the laws.
(cj It provides that money
shall be. advanced by said,- (Jonv
' mlssionprs from the general fund
of said County to the County Li
quor Commission to be known and
designated as the Franklin Coun
ty Alcoholic -Beverage Control
Board, "such sums as may be
necessary to purchase atocks, fix
tures and equipment, and to pro
vide operating capital and ex
penses to carry oat the provisions
and enforcement of the bill or
_ statute;" and gives to the said
proposed Board of Control power
and authority to borrow money.
Issue, sign and endorse checks,
promissory notes, bills of exchange
and other negotiable Instruments,
to buy intoxicating liquors,
whiskeys^ etc., and number of
stores, --that the said .proposed
Board of Control niay desire to
^-establish; to buy the furnltnre,
pay rent, salaries of the said mem
bers of the Board and their em
ployees, also their expense, and
all in an unlimited amount, except
the salaries of the three members
of the Board, and their individual
expenses Incurred is their official
duties (M thtft said Bill was not
passed as is required by Article
2, Bee. 14 of the North Carolina
Constitution.
(d) The same is a local and
special Act, attempting to regulate
health, the quality and parity of
article and liquids used for hu
man consumption, defining nuis
ances, and regulating the abate
ment of nuslances, and regulating
labor and trade, and was passed
by the partial repeal of a general
law and was, and is forbidden,
by Art.-I, 8ec. 29 of the North
Carolina Constitution.
The closing of the complaint
contained the following:
That the defendants, unless re
strained, will proceed to hold an
election under said Act and Sta
tute, at a considerable cost and
expense to the taxpayers of
Franklin County, and If the same |
should be approved as provided
therein, the said Board of County |
Commissioners will proceed to
appoint three members of the
Franklin County Alcoholic Bever- j
age Control Board who In turn |
will proceed to set up stores, and
sell Intoxicating liquors therein,
and otherwise to carry into effect
the provisions of said Act therein, |
all to the damage and Injury of
the plaintiffs and other taxpayers
of Franklin County.
Wherefore, the plaintiffs pray
that the defendants, and each of
them, be enjoined from taking any
action under said alleged statute,
from registering voters, holding
au election, renting or buying any
stores, or establishing any liquor ,
store, or buying or selling any
liquors or alcoholic beverages, or
appointing any members of the
Franklin County Alcoholic Bever- J
age Control Board, or in any way .
spending any money of the Coun
ty of Franklin, or pledging the
faith or credit, or borrowing any j
money, or taking any act or pro
ceeding under said void statute,
and for costs and general relief.
It was explained by the attor
neys that this order will not ef
fect the operation of any of the
election machinery until after the
hearing before Judge Williams .
Rxt Wednesday, when it is ex
pected quite a large number of j
Franklin's citizens representing
both sides of the question ? Con
trol or no Control ? will attend
the hearing in Raleigh.
Recorder's Court
Only two cases were tried In I
Franklin Recorder's Court Tues
day and three continued (or var
ious reasons, - The docket was as
follows:
J. M. Dodson was found guilty
of operating aatomoblle intoxica
ted, to be discharged upon pay
ment of coats and $50 fine and
required not to operate a car for
90 days. Appeal.
Roland Jordan, J. H. Williams,
and Johnny Jordan, plead guilty
to drunk on public highway, dis
turbing public worship, using
profane language on public high
way, 6 months on roads, stayed
payment of costs.
Ira L. Cash, abandonment and
non-support, continued.
j Vance Mfedlln, operating auto
mobile Intoxicated, continued.
James Cooley, larceny, contin
ued.
r w *' THANKS
t "?!- .?
We wteh to express to our many
friends and neighbors our sincere
appreciation and gratitude for the
many expressions of sympathy ren
dered us during the recent illness
and death of our father .
Bessie and Reuben Strange.
-?
Program At The
Louisburg Theatre
The following Is the program
at the Louisburg Theatre begin
ning Saturday, June 15:
Saturday ? Bob Steele In "We
Ridin' Fool."
Sunday ? Mary Astor and Jack
ie Cooper In "Diaky."
Monday? Bette Davis in "The
Girl From 10th Avenue.".
Tuesday? Ann Sothern, Gene
Raymond and BUI Robinson In
"Hooray For Love."
Wednesday ? Roger Pryor and
Heather Angel in "Headline Wo
man."
Thursday ? George Arttsa in
"Cardinal Richelieu."
Friday-Saturday ? Shirley Tem
ple la "Our Little Girl."
Last Showing Today ? A1 Jolson
and Ruby Keeler in "Go Into
Tour Dance."
Mrs. FranyjfljDelano Roosevelt
MRS. FRANKLIN D. ROOSEVELT1
AT CHAPEL HILL
I
i
Chapel Hill, June 11. ? Mrs.
Franklin D. Roosevelt, delivering
the principal address at the 140th
commencement of the University
of North Carolina, tonight told
the 410 graduates of the Institu
tion that for their sake and the
country's sake she hoped they
would go out Into the world dis
satisfied with the conditions they
will find.
"I wish for you a real curiosity
about the world and ita people,"
she said, "and a real desire to live
so that the rest of the country will
be glad that you have lived."
And to this she added the hope
that they all would keep their
sense of humor.
Largest Finals Crowd
Speaking in Kenan Stadium as
the sun set and green forest turn
ed dark and then black. Mrs.
Roosevelt, first woman commence
ment speaker in the history of the
university, made a profound im
pression on the largest crowd ever
to attend a University commence
ment exercise. It was estimated
at 9,000.
She used no manuscript and
few notes in her informal talk.
Repeatedly she was Interrupted
by applause, the most of it start-,
ing among young men and women,
in caps and .gowns, to whom she
addressed her remarks.
Honorary Degrees
After the academic degrees had
been awarded, Mrs. Roosevelt and
four other distinguished cltliens
of the nation were given honorary
degrees. Mrs. Roosevelt, for her
work in an effort to Improve the
lives of others, was made an LI^.
D. The others honored were*
Dr. Holland Thompson, histori
an of the College of the City of
New York, LL. D.
Rufus L. Patterson, Industria
list of New York and graduate of
the University, LL. D.
Dr. J. K. Hall, distinguished
psychiatrist and president of
Westbrook Sanatorium, Richmond,
LL. D.
Dean W. E. Rollins, of the Epis
copal Theological Seminary, at
Alexandria, Va., D.D.
Introduced By Daniels
Ambassador Josephus Daniels
Introduced Mrs. Roosevelt as the
"noble woman who presides over
the White House but comes here
in her own rights as a leader of
all cause* that work for the bet
terment of mankind."
"As the wife of the President,"
Mrs. Rooaerelt began, "I am here
tonight to carry to the graduates
his best wishes as well as my own.'
But in my own right I am here
because I have a great interest in
the youth of today.
"There are difficult times. . .
We cannot aay that we are satis
fled with our country or the con
dition ot^,?ur country as it is to
day." '
To right that condition, she
said, should be the aim of every
graduate of every college. They
having had the greater opportun
ity, there Is the greater responsi
bility. It holds in every field of
human endeavor.
Under- Product Ion
For Instance, said Mrs. Roose
velt, "We do not produce in this
country enough to give everybody,
even though they be industrious,
a decent standard of living." And
even if we did, our system of dis
tribution is not adequate to sup
ply goods produced to everybody.
"We have got to work out a
new way of doing things," she
said, "we have the machine age
but we do not know enough to
handle It."
Pay no attention to those who
advise "try the safe things which
won't get you into trouble," Mrs.
Roosevelt urged the graduates, j
Time Most Up
Raleigh, June 12., ? The atten-;
tion of home Owners in distress
won desire aid of the Home Own
ers' Loan Corporation, was to
day called to the (act that under
the amendment of the HOLC Act,
recently passed by Congress, the
period for filing new applications
will expire at midnight, June 27,
1936. After that date, it was stat
ed by Eric W. Rodgers, District
Manager of the Raleigh District
| Office, no applications will be re
ceived from home owners who are
In distress and who are eligible
under the taw for asaistane?T and
he urged that all t^oeC desiring
assistance ffle tbeir applications1
at once.
The Diafrict" . Manager stated;
that regulations* aa to eligibility,
remain virtually unchanged, andj"
those desiring complete etplana
tlon of what cases are eligible
may receive same either by call
ing at the District Office, Third .
Floor, Post Office Building, JUT
lelgh, N. C., or writlngfOr a# '
explanation. Office houfs of the
Corporation, for the summer. be
came effective two or three weeks
ago, and are from 8:30 a. m. to
4:30 p. m. Mr. Rodgera stated
that these hours have been chang
ed, for the convenience of the
public, and application clerks will
be on hand in the District Office
until 5:30 every afternoon until
the time limit for filing .applica
tions expires.
Second Case Reported
Dr. Herbert 0. Perry Friday re- ,
ported a new case of Infantile
paralysis in Franklin County. The
patient la an 11-year-old boy, the
son of Charlie Sherrod, who Uvea
about three miles from Loulsburg.
This Is the second case reported
in the county during the present
outbreak.
DYNAMITE DAMAGES
DWELLING
A blast of dynamite Wednesday
afternoon damaged the home of
C. A. Ragland on Main Street. A
block of oak timber was blown
across the street from a lot which
is being cleared for the new resid-'
ence of Aaron Tonkel. It went
through an upstairs screen win
dow of the Ragland home, knock-1
ed two antique lamps off. a dress
ing table. and landed on the far
side of the room. ^
Subscribe to The FranUta Time*
Association
Elects Officers
Raleigh, June 10. ? An advisory
committee was created and Dr.
Clarence Poe, editor of the Pro-^
iresslve Farmer. W. A. Graham,'
Jute commissioner of agriculture,
ind T. E. Browne, State Super
visor of Vocational Education,
named members of It at the June
meeting o(_t^e board of directors
>f the North Carolina Cotton
growers Cooperative Association.
At the same meeting all officers
>f the cooperative were re-elected
For another year. Dr. O. M. Pate,
Farmer and banker of Rowland,
was re-elected president, and L.
Bruce Qunter, farmer and lawyer
if Fuquay Springs, was re-elected
rice-president.
M. G. Mann, who has been with
che cotton association for 10 years
In the capacity of director of field
lervlce, assistant general man-1
iger, secretary-treasurer or gen
eral manager, was re-elected secre
tary and general manager.
G. D. Arndt, who has been con
nected with the cooperative from
Its beginning In various capacities
at Importance, was re-elected trea-J
rarer and assistant secretary.
In his report to the bovd. Mr.
Mann pointed out that although,
the cotton crop In 1934 was fari
below normal, In this State, that
the cooperative handled more
bales during the 1934-36 season
than It had In several years. He
said prospects are "bright" for the
coming season.
Benefit Masonic
Lodge
LouisbuTg Theatre announces It
will present "Woman in Red" by
Barbara Stanwyche, at 12 o'cjqck
mid-night, Friday (tonight) night
the proceeds to be given to the
Loulsburg Masonic Lodge. This
is said to be a splendid play and
will be appreciated by all who at
tend.
Big Fish
Dr. C. H. Banks was displaying
the head of a tremendously large
chub caught by his son Mltchlner
at Mitchiners lake recently. The
mouth when stretched measured
( 3-8 in. in diameter and. we are
informed, it weighed 9 pounds
15V4 ounces. Tfris is about Hie
largest we have heard of in this
section. Dr. Banks reports catch
ing one weighing 5 >6 pounds re
cently.
WOMEN ORGANIZE
FHA GROUP
A large delegation of Franklin
county women met In the court
house Thursday afternoon of last
week and completed organization
>f the local unit of the Federal
Housing Administration, Women's
division. ?
Mrs. George W. Cobb was chos
en as the chairman; and Mrs. O.
C. Patterson was made first vice
chairman, and Mrs. A1 Joyner, of
Franklinton, second rice-chaiB^
man. Committee chairmen from
the different townships are as
follows: Hayesville, Mrs. Durwood
Dickie; Sandy Creek, Mrs. Wtl
lian Person; Cypress Creek, Mrs.
Arthur Strickland; Gold Mine,
Mrs. John Neal; Dunn, Mrs. C. C.
Pippin; Harris, Mrs. Frank Jus
tice; and Cedar Rock, Mrs. Spen
cer Dean.
l-Y. Yi. A. ANNOUNCEMENT
The Y. W. A. of the Louisburg
Baptist Church will meet Tues
day evening:, at 7:30 in the base
ment ot the church for Its special
Fannie Heck programe. Ev&rf
member is urged to be present.
Send us the news.
j Flood Rescuers Rig Makeshift Breeches-Buoy
DBNVXB . . , The ibm flood (MM af-tti _
Ik* i ratan tajta rittai wtlefc *o?t Uf BeeeeTk* MpbH wSTSflTtE*
(MM* of am eshattted Ai torn <h? toof ?( UitMee With tin ? M *
aukeehlft Veeehee-booy W Mm If the Cbtorado ftsHan
reteoee. Nebneka ud Celendo ?offered great* lift tad proper^ lea.
. 4
Sails Largest Ship
NEW YORK . . ? Above U Captuin
Rene Pugnet who brought the world '?
largest ship into port here on a
reoord maiden trip from France.
_/The liner is the Normandie, pro
nounced the greatest water craft ever
built
"Cardinal ?
Richelieu"
Starring: Arliss at Louisburg
Theatre Thursday, June
20th.
"Cardinal Richelieu," George
Arliss' latest starring vehicle for
Darryl Zanuclc's 20th Century Pic
tures. which comes to Louisburg
Theatre Thursday., June 20th.
marks the distinguished star's
sixth great historical screen cha
racterization. With this portrayal
the red-robed prelate who stood
belilnd the throne of Louis XIII,
of France takes his place beside
DiBraeli, Alexander Hamilton, Vol
taire, Nathan Rothschild and the
Duke of Wellington.
In this most recent and most
pretentious effort, Arliss has the
9upport of Maureen O'Sulllran.
Edward Arnold. Francis Lister.
Douglas Dumbrllle. Cesar Romero,
Violet Cooper, Kathryn Alexander,
Lumsden Hare and Halliwell Hob
bes.
The screen story was prepared
by Cameron Rogers and Maude
T. Howell and based on Sir Edw.
Bulwer-Lytton's famous play, W.
( P. Lipscomb wrote the dialogue.
Rowland V. Lee handled the
! megaphone on this Joseph M.
Schenck presentation, released
through United Artists.
Gold Sand
Alumni Meet
A rather unique occasion among
high school graduates was ob
served on Friday night, June 7th
when the Gold Sand High School
Alumni Association met (or its
annual banquet." The dinner was
served In the Home Economics
department of the school building
and was well attended by alumnae
and alumni of every graduating
class since the first class of 1927.
Bruce Tharrington, president of
the association and toastmaster
for the evening, gave the welcome
address in which he urged every
member to stand by the cause,
stating that every student ""Bore
certain ; obligations to the school
which did not cease to exist when
he was given a diploma.
A roll call revealed that the
graduates were following a varied
number of occupations, and (uth
ermore that Cupid has not been
inactive with his. darts recently,
which gives to all who still have
their freedom a feeling of optj^
mlsm In the belief that they too
have a ctmnce to lose it^'
The principal address, delivered
year by an atlimnus, was giv
en by Lipwood Murphy, who
teaches history at Bonlee High
School In Chatham County. Mr.
Murphy gave an interesting out
line of the progress of education,
and showed by comparison {low
much -better advantages a student
now has than wire available tor
those even a generation ago.
Following the address Stuart
Parrlsh gave a reading, and a
piano solo was given by Emily
Burt Person.
In the business session a mo
tion to retain the twenty-five cent,
general assessment fee was,?J>
proved. Bruce Tharringtqti ifas re
elected President of, the associa
tion for another ySar. Other of
ficers are: Vice-President, Ruff in
Harper; Secretary-Treasurer, Emi
ly Burt Person; Reporter, Thottias
Speed. In closing the body jointly
gave an expression of thanks to
the local Woman'is Club which
was largely responsible (or the
preparation.
? Reported.
AUXILIARY TO MEET
The American Legion Auxiliary
will meet next Tuesday after
noon, June 18th, at 8:80 o'clock
at the Welcome Inn Tea Room
with Mrs. J. B. Malone, Jr. and
Mrs. Rush Standi, hoeteeoes. Jul
members are urged t<? be present
as June la Fid?o month and a
Fidac pageant will bo given.
Subscribe to Tho rraakUa Tlmss
Organizes For
Electricity
Rural Electrification Meet
ing Held at State College,
Raleigh, Perfects Organi
zation by Electing Of
ficers
A meeting of a Committee com
posed of three members each from
the three Counties. Franklin,
Johnson, and Wake met at State
College Wednesday afternoon and
organized into a tri-County Dis
trict for the expressed purpose of
formulating plans and outlining
steps of procedure in regards to
procuring Electrical energy for tha
three County districts under the
New State and Federal Rural Elec
trification Authority.
The meeting was called to order
and the tlfree Counties were duly
organized into one district by tha
election of J. Paul Shaw (ot
Wake) Chairman, A. T. Lassiter
(of Johnson) Vice Chairman, and
M. Thomas Lamm (of Franklin)
Secretary. A Committee composed
of J. Paul Shaw, A. T. Lanlter.
and M. Thomas Lamm was elected
to meet with Prof's Weaver. Bur
ton. and J. M. Granger and draw
up a petition to the N. C. R. E.
I authority, setting forth the date,
possibilities, Etc. covering the Dis
trict. The petition was drawn and
was. unanimously accepted by tt)e
Assembly. Mr. Shaw was request
ed to have this petition read to
the North Carolina Rural Elec
trification Authority in their first
meeting on next Saturday a. m.
A Sub-Committee composed of
one member from each ot the three
Counties was selected to represent
the district in the matter ot con
ferring with and furnishing data
and other necessary information
to the State Authorities on Rural
Electrification. Messrs. H. Thomas
Lamm, A. T. Lassiter, and Russell
Powell were elected to represent
Franklin, Johnson, and Wake
Counties respectively.
The meeting was also attended
by a large number ot Vocational
Agricultural Teachers and County
Agents ot the District and much
Interest was shown in the pro
posed Electrical Project.
From Ingleside
A recent twenty-five mile drive
in portions of Franklin and War
ren Counties revealed a very poor
prospect for a cotton crop ? with
a late, small weed and a bad stand.
There seems to be a general good
stand of tobacco, which looks well.
Corn and other crops noticed were
only ordinary.
Among the recent unannounced
births is a daughter born to Mr.
and Mrs. Johnnie Roberson.
Mr. Talmadge Edwards, of Ra
leigh. Indisposed the past tew
days, came home Tuesday for ?
rest.
Or. O. L. and Mrs. Whitfield,
their son. Frank, and Miss Sue
Whitfield, of Franklinton, were
recent pleasant callers among Ing
leside friends.
Chicken thievery is becoming
q,uite active again in and near the
village, some having lost chicks as
recent as the past two nights. The
public will probably hear more
about this chicken and other steal
ing business now going on be
fore long ? one way or another.
Some miscreant, or worse misfit
made a two inch slit in the gaa
hose of the J. Y. Beasley service
station during Sunday afternoon.
The place Is not kept open on
Sundays, but cars frequently stop
there in passing not knowing that
fact. It is believed here that some
scamp did It purely to lnsatlata
his innate desire for deviltry.
I am requested to announce
that Evangelist J. H. French will
begin a series of services here oa
Saturday, June 15, at 8 o'clock
p. m. The tent will be located on
the lot between Mannings' Store
and O. H. Tutor's residence. Mr.
French, who states that he Is un
denominational. has held service*
in Henderson and at other places
in the communlty,t<Sr some time.
A cordial invitation is extended
the public to attend the service*.
Mrs. Frank Freeman and two
children, Sara Atwood and Frankia
of Charlotte, have returned homa
from a visit with her parents.
Mr. and Mrs. Qeorge Manning.
TYPH<^JK#EVER \
According to Dr. R. F. Yarbor
ough, County Health Officer, m
case of Typhoid peter has been
reported in Hayesville Township,
Loulsburg, R. F. D. No. 3.
Every one who has not Been vac
cinated In the past year -or two
should be at once.
The third case of" Infantile Par
alysis has been reported. Child
ren should be kept at home aa
much as possible and certainly
oat of crowded places.
The recent hail storm in Nash
County devastated a section two
miles wide and about IS miles
lone with cotton being damaged
more than tobacco.
In hard times, the buyer win*
all arguments.