rnwr Over $30,000.00 in
HUllEr Money Orders
From Louisburg Postofflce.
This Should Be Kept
in Louisburg.
3MX
riMEl
IT TAKES
to Compete with Mail Order
Catalogues. Louisburg
Merchants should be wise.
VOLUM.N LXXI
SUBSCRIPTION *1.50 a YEAH
LOUISBURG, N. CAROMS A FRIDAY, NOVEMBER 2a, 1?4?
(TEN PAGES)
MM HER 41
SLOT MA6HINES
BANNED
STATE SUPREME COURT
RULES LAW EF
FECTIVE
Clarkson Writes Opinion,
Others Concur? Cases Go
Up From Wake on Judg
ments of Judge Parker
In no uncertain terms, the State
Supreme Court ruled Wednesday
that the 1929 law legalizing "play
,> tur-fun-only" slot machines did
not invalidate the 1937 Flanagan
act outlawing all gambling de
vices.
The opinion, written by Asso
ciate Justice Heriot Clarkson,
was in one of a series of slot ma
chine appeals filed by persons con
victed in Wake Superior Court in
September and sentenced by
Judge R. Hunt Parker. Chief Jus
tice W. P. Stacy wrote a brief
opinion concurring and Justices
M. V. Barnhill and J. Wallace
Winborne Joined with him.
Two of the eight appeals result
ed in decisions for the defendants,
but the effect is t-he same, as sen
tences imposed in those cases
were to run concurrently with
sentences imposed in cases in
which the judgment of t'he Wake
Court was upheld.
Judgment was arrested in two
of the cases involving J. Norman
Finch, distributor, Raleigh, for
t*e Vending Machine Company,
of Fayetteville. The high court
took its action because Finch's
name was not mentioned in the
indictments on which he was t-ried
jointly with another person.
C'larkson'.s Opinion
In ruling that the 1939 reve
nue act did not invalidate l-he
Flanagan Act, Justice Clarkson
wrote:
"The statute under which t lie
defendant wishes to call to his
aid and to repeal the Flanagan
Act, declared constitutional by
this Court, is u revenue provision
in the Revenue Act. The General
Assembly in Mils Revenue Act de
clares its intention in no vague or
uncertain language that the in
tention is to license and permit
tihe operation of only legal ma
chines as defined in the section
and not the intention to license
or legalize any gambling machine
or device. When this language
was used in the Revenue Act, the
Flanagan Act> was on the statute
books unrepealed and declared
constitutional by this Court. The
defendant is convicted of its vio
lation. If the drafters of Mie Rev
enue Act, which passed the Gen
eral Assembly, wanted to repeal
the Flanagan Act, why was it not
done by clear language? The pre
sumption is that it did not intend
to do so. There has long been re
cognized a difference between
games' of skill and chance. The
former, like ten-pins, bowling,
archery, 'shooting for turkey,' and
other similar trials of skill, are
lawful.
'ITkn Q?n?n |An? .....
i nr uiaic iuii^ aj^u uuunncu
gambling by every species of
cames of chance, and. particular,
ly, has passed comprehensive
laws prohibiting the operation or
possession of slot machines adap
table for that purpose. These
statutes have been upheld by this
court as within the police power
of Mie State.
"We conclude that the Ueneral
Assembly did not intend to license
unlawful slot machines and make
them the subject of revenue."
The man who appears sot to
have any faults is likely not to be
very popular. NeiMier will people
trust him fully. He appears Just
too good to be true.
PROGRAM AT THE
LOUISBURG THEATRE
The following is the program
aO the Lonlsburg Theatre begin
ning Saturday, Nov. 23rd:
Saturday ? Double Feature ?
Roy Rogers and "dabby" Hayes
in "Young Bill Hickok" and Ce
?ar Romero in "The Gay Cabal
lero." Also another chapter of
"King of the Royal Mounted."
Sunday-Monday ? Oary Grant
and Martha Scott in "The How
ards of Virginia."
Tuesday ? Lew Ayres, Lionel
Barrymore and Laraine Day in
"Dr. Kildare Goes Home."
Wednesday ? Grace McDonald,
Robert Paige and William Fraw
ley In "Dancing On A Dime."
Thursday-Friday ? North Caro
lina's premiere showing ? Alice
Faye. Betty arable, 'Jack Oakle
and John Payne in "Tin Pan
Alley."
NEWELL
GETS $550
| THARRINGTON-HORTON
! \ CASE SETTLED
i
Several Judgments Signed
In Superior Court Since
Last Week's Report ?
Court Is Still Going On
?
Dr. J. O. Newell won in his
suit for damages against George
D. Fuller that was in progress, as
the Franklin Times went to press
last week.
Court convened again on Mon
day morning (or the second weeks
work and is now in progress.
Since our last report cases have
'been disposed of as follows:
In the suit of Dr. J. O. Newell
against G. D. Fuller, for dam
ages resulting from an auto ac
cident Dr. Newell was granted
damages of $125 personal and
$425.00 property.
Verney Mace was granted a
divorce from Louise N. Mace.
Willie L. Currin and mife vs
F. H. Allen and G. M. Beam,
Trustee, the appeal from an order
of Judge Williams in April 1940,
was set aside and the order held
I in force.
| M. B. Jeffreys lost in his suit
i against J. B. Perry.
The Oxford National Bank, to
; the use of J. Y. Beasley. trans
i feree. was granted a verdict* of
$125.00 against J. S. Eaves.
S. W. Tharrington. adminis
j trator c t a, et al. vs Willie Hor
| ton. et als. Compromise settle
| ment.
j Ernest Cooper was denied judg
| ment against W. L. Hawkins.
The case of the Legg-Parham
Co., vs Zollie C. Wheeler was re
| manded to E. C. Perry. J. P.. for
I settlement.
The case of J. P. Timberlake,
?Jr. vs Moses Rogers and wife, et
jals, was in process of trial as out
last report- closed.
DR. NATHAN WILSON,
| METHODIST DIVINE
| DIES AT CHAPEL
HILL
Chapel Hill. ? Dr. Nuthun Hunt
Daniel Wilson, 74. a retired Meth
odist minister, died Tuesday at
his home here.
For years he served as presid
ing elder and pastor of churches
in Franklinton, Fayetteville, Eliz
abet'h City, Louisburg, New Bern
I and Chapel Hill.
Dr. Wilson was a graduate of
j the University of North Carolina
jaud he received his training I or
the ministry at Vanderbilt Uni
versity. He had been president of
!t?he North Carolina Methodist Con
i ference Historical Society and a
trustee of Louisburg College.
The funeral was held Wednes
day at 3 P. M.
:
MRS. BEN HOLDEN
ADDRESSES SCHOOL
MARSTER'S CLUB
rN. Despite the unfavorable weath
er conditions of last Thursday
evening, a record number of
Franklin County Teachers assem
bled at the Franklinton School to
participate in their semi social
professional monthly meeting.
After a superb meal, the program
got off to a swinging start with
a group of seventh graders, under
Miss Fuller's direction, rendering
several musical selections.
The high light ot the program
came when Mrs. Ben Holden
spoke to the club on the subject,
"Keeping on the Road In Mie
Time ot Emergency." Mrs. Hold
en's talk was literally filled with
excellent advice to teachers and
was very approprate, considering
the seriousness of the times.
Spice was given tihe occasion by
Loulsburg's Home Economics In
structor, Miss Rogers, who with
Mrs. Bailey gave several amusing
stunt*.
The affairs of the evening came
to a close when Mr. Harris, the
club president, outlined a series
ot program* for the year.
Generally speaking bhlngs have
Improved, but the sausage doesn't
seem as good as It used to be.
BANES TO CLOSE
The Flrst-CKIsen* Bank tk
Trust Co., at Lonlsbnrft and
Franklinton will be cloned on
Thursday of next week to ob
serve Thiuiksglvlns. All person*
having buntnes* with these In
stitutions will bear this la
mind.
FRANKLIN COUNTY DRAFT BOARD
J. K. MAIiON'R, Chiiinnan
1$. HA KUIS, Stvrclary
'.IOS. T. IXSOOK
WELCOME TO LOUISBURG
4-H CLUB BOYS
i
Louisburg and the Chamber of Commerce are
ready to welcome the 4-H Club Boys, their families,
neighbors and friends for the Corn Show and Judging
Contest, Saturday, Nov. 23rd.
The Corn Show will be held in the auditorium of
the new Armory Building. The hours are from
9:00 A. M. to 2:30 P. M.
Every one in Louisburg and the County is invited
to attend the Show. No price for admission.
Come to Louisburg and lets get acquainted, if you
don't know us; if you do lets shake hands all over
again.
ST. PAUL'S EPISCOPAL
CHURCH
j - This will be the Sunday next,
before Advent. There will be the1
learly Celebration of the Holy
'Communion at 8:00 A. M. Church
jSchool will meet' at 9:45 A. M.,j
jand the Adult Bible class will
jmeet at the same time. There;
will be the service- of Morning
iPrayer with sermon at 11:00 A.
! M. by Rev. Leicester F. Kent',
(rector. A new series of sermons
will begin this Sunday on "The
Keginning of a New Era."
Every Friday there is the cele- .
brat ion of the Holy Communion
' followed by prayer for World
jPeace. This service begins at
jro.oo A. M.
I Pete Shearin wonders if Hitler i
,is going to leave much of the;
I earth for the meek to inherit.
SUMMERS HOLDEN
The following announcement
was carried by the Italeigh Times
of Saturday, Nov. Hith:
"Mrs. Benjamin Thomas Hold
en, ot I.ouisburg, announces the
marriage of her daughter, Re
becca Anne, to Scott- Myers Sum
mers, of Raleigh. November !>.
Mr. Summers is the son of the
Rev. and Mrs. E. fi. Summers, of
[Concord."
Mrs. Summers is one of Louis
burg's most popular and accom
plished young Indies. She is the
daughter of Mrs. Ben T. Holden
and the late Mr. Holden and is
widely known throughout l-he
State. Her many iritinds here
extend heartiest felicitations.
It might lie well to also be
grateful for escaping as much bad
luck as we do.
! BOY SCOUT DRIVE BEGINS
TUESDAY, NOV. 26, 1940
i
ACTIVITIES
I
BOY SCOllIS OF AMI RICA.
1 riioKnfpt on?l
Scouting Is a" program for all
boys. Surely mi finer or more
workable code of conduct was
ever devised Service 6o Clod and
Country and to fellow human be
ings, tiic will to make and keep
themselves "physically strong.:,
mentally awake, and morally (
straight," theao are tbe funda- i
mental things In Scouting, under- i
lying the program of outdoor ac- <
UHUm and progressive practical!]
fnatructlon. The spirit of Service,
the urge to light living are t>he I
mainsprings of the Soout move- i
meat. Htrely such a program is <
deserviig of your active support. J]
By Training our youth to keep
In stpp
We'll hnvp Ipsh trouble with I
Social Stragglers tn the future.
O. M. Beam and A. B Allen,
joint Finance Chairmen will have1
committed appointed to call on
svery Interested citison. Your,
ionatilon will bo u'ed to help pro- 1
vide, tewcutivp f.eadonhip and;
Council and Diatrlct operating ex
penses.
This worthy cause need* your
Interest and support >400.00 is
tieMed Id Franklin* Connty to
*rry 011 this Character Building
Program. ?>.
RED CROSS
I)r. A. Paul
Ragby. General
Chairman of the*
Louisburg Chap
ter American
Red Cross and T.
Mortimer Harris.
Roll Call Chair
man. have re
ported that the Roll Call is go
ing over the top in fin*' style.
Dr. Raghy called attention to
the fact that many school teach
ers have joined and that- some
counties have even enrolled everv
school teacher in the county.
Mr. Harris said that through
the courtesy of the KRANKLIN
TIMKS a list- of members and do
nations would he published next
week.
The Itoll Call ends Nov. 30tli.
CHRISTIAN CONFER
ENCE CONVENES
Kranklinton. ? Ministerial re
, portH and discussions opened tin
; tirst solution Tuesday of the Bast"
ern North Carolina Conference o
| Congregational and Christiai
Churches at Pope's Chapel nea
I here.
! The opening devotions worn lei
I by the Key. J. A. Deaton. Tin
j Rev^ S. E. Madren welcomed tin
delegates and t'he response wai
jmadA by Martiu L. Orissom. Jr.
Communion ^services were il
| charge of the Rev. Allyn 1*. Rob
i inson, pastor op the Italeigh Uni
I ted Church. This service at thi
morning session was preceded b>
the president's address, report!
and discussions.
On t'lie afternoon program wen
talks by Prof. L. I?. Vaughan, ol
italeigh. the Iiev. L. L. House
Mrs. E. M. Carter, the Rev. Ernest
J. Arnold, Superintendent Charles
I). Johnston of the orphanage
and W. J. llallentine. treasurer.
Mrs. Sue Dunn Eaves will pre
side at' the Tuesday evening ser
vice devoted to Pilgrim Fellow
ship,
CLAIMS LEAD
Salisbury, Nov. 19. ? George R.
Uzzell, young Itowan County vet
eran of the General Assembly,
said today that after a survey of
House membership he found that
he was leading in the number of
commitments made for the speak
ership.
He has beep actively campaign
ing for that post.
He expressed the opinion that
about, half the members were not
now committed to support any
particular candidate, but said he
believed the majority of those not
now committed were leaning to
ward him. ]
Uiseil is entering his fifth term
in the legislature.
* TO OUR SUBSCRIB- '
EES
?
* .\ 1 1 of you who have not
* pni<l up your subscriptions *
* ran help make our Chrlstma* *
* holidays happier by calling in 4
* and pitying up he/off the ?
* holidays arrive. In all Her- *
* loudness we are asking tyf>u "
* fo attend to this as it is vei-y *
* important to tin, . "
* ??????????** * ? 9
OBSERVE THANKS
GIVING
The FRANKLIN TIMRS U
requested to state that basinet
(pufrally will l>c suspended In
Iionlflborg on urxt Thursday In
obMM-ranoe of ThjuUfgJvinjE
all st?r#a Wul place*
of bn?li><v wiH be (lonH. .
EUROPEAN '
WAR NEWS
Athens. Greece, Nov. 20. ? AM
government spokesman declared I
tonight' that Italian troops were!
retreating so rapidly along the
central Albanian front that it was
! difficult for the Greeks to keep
jup with them.
The Italian front, it was said,
I was broken northwest of Konitza,
Greece. some 10 kilometers
( about' six miles) inside Albania!
and west of the Itiver Aoos. It
was described as an utter rout,
and the spokesman said "very im
portant booty" ? including muni
tions. trucks, guns ? had fallen to
| the Greeks.
I He asserted. "too. that a battal
ion of Albanians ki the Italian I
| forces had revoltetf and been dis-l
'armed. |
In t'he Koritza sector, where
Greek artillery tire was declared
to be thundering down upon every
road leading from that besieged
Italian base in Albania, the coun
ter-offensive was proceeding to
night in what was described here
; as a virtual cessation of Italian,'
air activity.
liarlier. the action of Fascist
! bombers was acknowledged to
' have slowed the advance.
Koritzu Monacal I
The city was said by Green iu-j]
forinants to be direcMy menaced ,
by the fact that Creek troops had
?on.' down tonight from previous;
'positions on Monnt Morava i"w>
the plain just south of Korltzn.
The diminished Italian aerial i
attack was attributed to their rei
atlvely heavy losses in the last - 4
(hours' The British air command
1 officially claimed that 11. A. F. pl
I lots alone had shot, down or put
I out or action 11 Italian planes
during that period.
i The Athena radio declared the
??importance of this break-through
1 1 cannot' lie estimated at present.
I bat at least will open a decisive (
phase of the Greek-Italian war in
,! Albania."
The radio added that it had in
formation that Italian troops in
i' Albania were in a state of "abso
, I lute confusion" after the break
Sin the line.
i "Greek forces are marching to
. ward their object'! lies." the radio
. I said "Much war materials and
< i many prisoners have been taken.
i Guns, machine guns. and hund
1 reds of cars have been abandon- 1
Jed by the retreating enemy. Much
_ ! of this victorious fighting has
j j been hand to hand and the bayo
, ! net1 played a great part in it.
, Along the Ionian coastal sector
'to the southwest, where the Ital
. I ians now hold only a narrow strip,
! of Greek territory, defense troops;
?were declared to he gaining gen
i erally. .. !
,| Before Koritza there was sa\- 1
age, irregular bayonet and hand- ;
to-hand lighting. |
I (From the Yugoslavian frontier ,
town of Kitolj it' was reported that
I Greek heavy batteries, firing from
; Mount Moravia, and British P'?n"
cs had simultaneously bombarded
iKorlUa and thai there were
I clear signs t.hat the Italians were
' preparing for imminent abandon
' ment of the city.
I (Italian army trucks were seen
! leaving Koritza. Greek infantry
was reported at the same Mme to
have advanced to a dominating
position along the western slope
of the mountain.
(The Greek right wing occu
pied what) had been the first Ital
ian line along Mount Zvezda, for
ming the last barrier to Korltza
in that area. The Fascists, how
ever, still held the heights of
Zvezda. including ite towering
5,300-foot peak.
(To observers it appeared that
whether the Italians would decide ,
to make a last stand there depen
ded on whetiher any effective use (
could be made of their motorized ,
| equipment.)
Vienna. So7 -'0. Adolf Hitler! .
today annexed Hungary to the i
German-Italian- Japanese A .is
which he thus converted Inu ?'
four-power alliance dcdlcnt.
defeat of Britain and to the ital
itarian reorganization of hnrope,|l
Asia and Africa.
By treaty. Hungary. Joined hi . i
Axis friends in a military. H" 11
and economic compact phUUi:'
joint, action against any
'which in the future m?y ' !
iTn the European or J,fpane.e-|.
i Chinese wars. |
Conclusion of the pnet * t
lowed by a luncheon i-t "
[the Fuehrer was ho-,t i<> H -' wM
flight' diplomats wh.i r pau.1;
In the ceremony. j .
.One significant ad.: t5lts
group was his own r... ir/ niet.
Field Marshal Gen-.,, \-i.helm 1
KeltsV
rOBACCO
MARKET
1*0 Close For Thanksgiving
Wednesday Evening
Another big sale for the Louis
jurg Tobacco Market was exper
enced on Monday with all houses
llled and general satisfaction pre
vailing. Sales since have been
ighter with prices holding on.
ft'hile prices are not to be consid
ered high t'hey are recognized
jqual to any other market and the
lownward trend is influenced by
he off grade of tobacco offered.
Some tobacconists and farmers
ilaini A here is no drop in prices
!rom the beginning of ?4te season,
he only drop is because of tbe
;rade of tobacco. They claim
obacco is selling good according
o grade.
The Warehouse on the Louis
jurg market will close after sales
>n Wednesday of next week to ob
lerve Thanksgiving and will open
igain on Monday.
Get* your tobacco ready and
iring it on to Louisburg.
Y. D. C. DANCE
James P. Lumpkin, Chairman
if the Entertainment Committee
Df the Young Democratic Club of
franklin County, announces that
tihe club will entertain at a
Thanksgiving Dance to be held at
the Green Hill Golf Club Houso
on Wednesday evening. Novem
ber 27th. from ten till (wo. Jim
my Byerly's Orchestra will furn
ish the music, and all club mem
bers and their guests are espec
ially urged to attend.
CLAWED TO DEATH
Richmond. Yu.. Nov. 19. ? Geo.
(AImO Martin, about 60. a veter
an carnival worker, was clawed
to deat-h last night by two fe
male lions at the World of Mirth
Shows' winter quarters here.
lie died a few hours after the
accident despite efforts of sur-^
Iteons to save his life hy amputate
inn his left arm. Martin's arm,
shoulders and back were severely
ripped by the animals.
The lions, part of a vaudeville
act owned by Fred Delniar, were
not owned by the World of Mirth
group but were being kept at tihe
show grounds.
Details of Martin's accident
were uot clear, but it was believ
ed that he went' to the cage to
cover it for the night when the
two Hons clawed at him through
the bars. Fellow showmen heard
his cries and found him practical
ly pulled into the cage by the an
gry beasts. They beat oft' tli?
lions and extricated Martin.
The World of Mirth Shows ex
hibited 011 the midway at tha
Norl'h Carolina State Fair last
month.
Some wives don't know how
their husbands look until some
good friend says he has lost
weight' und has circles under hU
eyes. A |fc
Hitler and the other conferee*
left Vienna tonight by train.
Observers noted that by the sin
natures of the foreign minister*
of Germany, Italy and Hungary
and the Japanese Ambassador to
Germany, HiMer had broadened
his potential base of military op
erations in the Balkans toward
Greece, Yugoslavia or Turkey, or
ultimately toward SUez and Bag
dad.
London, Nov. 21. ? (Thursday!
? Nazi planes swarmed out of tli*
night* for a second "total" atta'-k
on Britain's Industrial ,MU!! ,.id i,
but early today It wn* reported
hat a terrific antl-aim-ufi barrage
had dulled the edge of the new
affensivo.
Ground gutis, tiring with newi
[?fleet ivenexs, were said to have
ijlspersed 'waves of planes attemp
ting n mass raid on an east Mid
lands town after less than two
I'.cnirs of incendiary bomb drop
ping which is merely Mie first step
n the "Coventry technique."
The bombs were extinguished
tnd little damage was reported
How the rest of the Midlands
tared was not known.
The rapid fire of ground defen
ds and Wie rumble of btunlMI
?aused observers in the eastern
midlands section to say it was th?
fiercest attack ever mtulo on (hat
irea
Otiher bombers ranged over
London and towns in southwest.
England and Wales
The action, however, did nut
teem to be as widespread as last
night's which covered a record
?rea
*