Newspapers / The Franklin Times (Louisburg, … / April 18, 1941, edition 1 / Page 1
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READ!! ROGER BABSON'S News Dispatches in this is of the Franklin Times. BUYS NEW ENGINE Makes Tax Settlement With ? Stock ar4 Commissioners Barrow, Allen, Elam and Sykes Support' Engine Purchase, Lancaster and Beck Dissent ? Caro lina Power & Light Co. Given Five Days To Submit Other Proposal? State Highway Jo Widen Main Street Around Monument If Town Furnishes Right Of- Way? Elam Appointed Police Commissioner The Board of Town Commis sioners met in regular monthly session. April 11, 1941. at 7:30 P. M., In the Town office. The roll was called and," all members were present. Minutes of previous meetings were read and approved. Chief of Police, Tax Collector, and Town Clerk were read and ap proved by the Board. The Board adopted the follow ing resolution relieving T. K. Stockard. Town Clerk, of further responsibility tor the 1938 tax levy and levies prior (-hereto: "It appekring to the Board of Town. Commissioners of the Town of Louisburg. N. C., that Tracy Kllgo Stockard, Town Clerk, has made full settlement with Ohe Town of Louisburg. N. C.. for the lax rolls 1939. and the tax rolls for all years prior thereto: "Now Therefore Be It Resolv ed tihat settlement of said Town rtorfc be uccopud and In all res pects approved, and t-hat he l>e elicved of further responsibility ir so far as the Bond No. 854!>t! executed by him on April lBt'h. * 1 ?::8, with the National Surety Corporation as surety Is concern H, an(T Tor the further collection of any delinquent twxes "Duly adopted al a meeting OT the Commissioners of fhe fown ul Louisburg. N. C.. held in< the office of said Board at 7:30 P. M., nil the 11th day of April. 1941." The Board approved the t odif I mu ot the Town Ordinance unci Charter, by the \. C. League of Municipalities, al a cost not to ex The Clerk presented a peti tion to til e" Board which was sigl>: ed by 2 1 r> citizens of Louisburg. N C. This petition requested the Board to submit the question of purchasing new engines for t-he power plant, or . of purchasing -'eotrle poster - delivered 5T the switchboard by the Carolina Pow er & Light Co.: to a vote of the people at Mie regular election tA be held on Tuesday, May 6. 1941. The Mayor requested an opin ion from the Town Attorney. The Town Attorney read the law per taining to petitions and the law clearly demonstrated that the pe tition as presened was not drawn in proper legal form. In view of t'his fact no action was taken by the Board on the petition. Commissioner Barrow inform ed the Board that Mr. R. Mark bam, Division Engineer. N. C. State Highway Commission, had informed him that perhaps t-be State Highway would widen N. Main Street, around the Confed erate monument, upon the condi tion tihat the Town of Louisburg will provide the State Highway Commission with the necessary rihgt-of-ways. A motion was pass ed approving this project. The Board instructed the Town Attorney to locate the Joint deed to Franklin County and the Town of Louisburg, for a lot on King Street, that was secured by a joint tax foreclosure suit from Mr. D. F McKtnne. The Board approved the pur chase of a transformer from Kev. E. H. Davis, In the event that the power line serving his property be given to the Town of Louis burg. The Board Is considering running the service line to Rev. E. H. Darts down the Bunn high way Instead of its present I oca tlftn Mr. R A. Stevens, representa tive of Fairbanks, Morse & Com pany. offered a proposal to Mie Board. Mr. Stevens offered to sell two. 225 H. P. new Fairbanks, Morse ? Co. Diesel Engines to be installed In (be place of the 23 year old semi-Diesel, 160 H. P. engines that are now in operation to the Town of Loulsburg. He al so proposed to convert by the ad dition of new parts, the 360 H. P. engine. Into a modern economic type of engine. All of this Job was offered for the net sum of $41,283.00. payable as follows: 1st. 24 monthly payments to be $350.00 each. 2nd. 24 monthly payments to be $400.00 each. Next 23 monthly payments to be $660.00 each. Final or 72nd payment Jto be $8,337.00 (Mr. Stevens asserted ttoat this final payment could be i refinanced on easy terms to suit the convenience of the Town of Loulsburg, N. C.) Payment on the equipment is to be secured by Revenue Certifi cates, bearing an Interest rate of 5% per annum. These Revenue Certificates can not be general obligations on the Daft of the Town of Loolaburg, N. C., and \ they are to be paid from the rev enue of t>he Light Plant. The first payment is to be due 30 days after completiou of in stallation. and are due and pay able each 30 days until fully paid. The following Resolution No. 1. was introduced by Commissioner from Commissioner P. W. Kltiiu: Resolution No. 1 Whereas. The Town of I.ouis burg supplies all power require ment' in said Town, which includ es power for pumping water for daily consumption and fighting fire, from its municipal light plant, and Whereas, the power require ments of said Town of Louisburg have increased to the extent- that an Interruption to the operation of either of the larger of the four power generating units would se riously endanger the life and property of its citizens and tax payers through inadequancy of the ! remaining units to furnish power or fire righting, lighting, and pumping wat-er of the said Town, and Whereas, the .Mayor and Hoard i 'if Cnntinis?ioiierii of said Town t ii rrrc jnveir" careful Thought and moderation to the existing ctr f ?imixtniices and after ntich futt and thorough consideration have come t<o the conclusion that im mediate steps must he taken, in he form of a special emergency .ictiou, to provide protection to its ~ 1 .^zcWs "u nflT{Kj?yers against Toss" Taue to the Insufficiency of the ; power supply, and. the Mayor mid Hoard ?l Commis sioners by Fairbanks. Morse t Co., to. furnish dlesel engine gen erating equipment of the proper sizes t-o meet these special emer I gency requirements and said pro posal has been fully and thought- , - HWy -eon?tdererf7 Mayo7 and Hoard of CommiHSionerH have come to the conclusion that ac ceptance of the proposal of the Fairbanks. Morse A Co.. is for t<he I Hist Interests of the Town of Loulshurg. its citlzeus aud tax payers. Now. Therefore Be It Ordained aud Itesolved by the Mayor and the . Hoard of Commissioners of the Town of Ixmisburg. in a IM>1 lar meeting held on the lltli day of April. 1941. that the Town of Loulsburg. in ordtfr to preserve the property and health of its cit izens accept the proposal of Fair-, hanks. Morse A Co. to furnish! all of that certain equipment specified in detail In the Special Municipal Proposal submitted by Fairbank. Morse A Co.. to the Town of Loulsburg. and dated April 8t<h, 1341 .and the Mayor and Town Clerk of the Town of Loulsburg are hereby authorized, empowered and directed to evi dence In writing acceptance of the proposal of Fairbanks. Morse A Co.. as set out in the instrument' hereinbefore specially described by the Mayor signing his name thereto and the Town Clerk sign ing his name in attestation there of and affixing the seal of the Town thereto. This Resolution was put to a roll call vote and Mie result was as follows: Those Commission ers voting for the adoption of the Resolutloa:. F. H. Allen. W. B. Barrow. P. W. Klam, C. R. 8ykea. Those Commissioners voting against the adoption of the Reso lution: R. C. Beck and W. C. Lancaster. The following Resolution No. 2, was Introduced by Commissioner P. W. Elam, and received a second from Commissioner F. H. Allen: Rraolntion No. 2 Whereas, the Town of Louis burg. North Carolina acting through* Its Mayor and Hoard of Commissioners, has accepted the Special Municipal Proposal of Fairbanks. Morse ft Co.,, dated April 9th, 1941, for the furnish ing of certain equipment, and, Whereas, said contract provid es for the execution of revenue certificates of the Town of Louis burg, payable to the order of Fairbanks. Morse ft Co., or bear er, dated and delivered as of the date of the completion of installa tion, and bearing interest from date at Ohe rate of five per cent per annum, payable semi-annual ly as it accrues, and specifically providing that said certificates or other obligations are not general obligation of tahe Town of Loais burg, payable from its taxes or It* general fund, but only special db llgatlons, payable from the net revenue of the light and water (Continued on Page Blgbti) COURT TAKES EASTER PERCY MOSS GETS 10 YEARS IN PRISON A Nolle Pros With Leave - Taken in E, P. Bond Manslaughter Case ? Judge Burgwyn Delivers Beautifully Impressive Charge ? Many Smaller Cases Being Tried Tin* regular April term of 'Franklin Criminal Court was opened Monday by Deputy Clerk ;of Court J. L. Palmer and upon or-i iders from Judge Burgwyn, re- 1 1 ceased until Tuesday ^.morning in j ; Older that all persons connected ] I with the Court, could UbierVC ! J Easter Monday." "These are the moat' perilous' I times, perhaps, the world has ever' known," declared Judge W. H. S. ' ! Burgwyn. of Woodland, presiding! over the April term of Franklin j Superior Court for criminal cases ; when Court opened Tuesday mor-l ning. as the beginning of one of as fine Baxter sermons heard here1 in some time. After impressing1 t-he grand jurors of the Import- 1 ance of their duty as a body of. grantf Inquest and Hie public! guardian foi the County to sit that law and order is maintained, he took un the thought of Eas-I 1 ter and the resurrection of Jesus t Christ, and contrasting It wtth the] present dnv war conditions. What must the heatiiern nations think of us and the other nations, with the greatest Christian, educated, i humanitarian and progressive na tions in the world engaged in1 sttch conflict He said the fate] of the world today is tumbling ini The balance. The nearest* audi dearest to us is that of America, lie stressed the unfairness In the conditions that drafts the sons oti America into the Army at a pay of about 75 cents u day, while -labor -U striking for JS to tit) a. day and deluyiug the necessities the Iroys in the Army need for j |mau should rally Uv?Ml*wJUU>Port | loT his country with doing his duty j j his first consideration, and to up-, hold the hands of the government In its efforts to protect our De mocracy. He paid a pretty tri - ! ibtite to Solicitor Biokett. declar ing h i m one of t'he strongest Boi-j licitors in the State and directed | the Jurors to investigate particu ! larly the abtitude of officers to {prisoners feeling that they should | be treated with kindness. It was, a splendid charge and enjoyed by tall. With Solicitor KickeU' present | the docket was taken up and dis posed of as follows: W. G. Mitchell was found not j guilty of operating automobile in-j toxicated. F. A. (Sum) Strother was found guilty of assault with deadly wea pon, and given 18 to 24 months on the roads, suspended for a per iod of five years, upon the condi tion that* he remain law abiding, and violate no criminal law. pay bill of Dr. Perry for Otho Perry and pay $60 per year to Otho Per ry for five years, and pay coats. ~A nolle pros with leave was ta ken in the case of manslaughter against) E. P. Bond. Graham Lawrence plead guilty to assault with deadly weapon and was given 12 months on roads. Ed Allen was found not guilty of disposing of mortgaged prop erty. Percy Moss, plead guilty to ai sault) with deadly weapon with intent to kill, and was given 10 years in State's prison. Zelma Brltti Pashalt was found not guilty of disorderly conduct. Helen Britt and Pansy Britt were found guilty of disorderly conduct and not guilty of assault with deadly weapon, and were giv en 30 days in jail each, suspended upon good behavior and not to violate criminal law in 12 months, nor go automobile riding after sunset, costs were remitted. The case of Seduction against Henry Rudell Beddlngfield was called Wednesday afternoon and was in progress as' we go to press. The grand jury completed its work Wednesday and was dischar ged. This is only a one week term. tom thumb wedding The Wesley Guild of the LouIb burg Methodist Church will pre sent a "Tom Thumb Wedding" at t>he Mills High School, April 26. at 7:45. Dhere will be a large nura-' ber of children in the play, the proceeds from which will go to the repair program at the Losisburg Methodist Church. We will ap preciate your support. ? o f ALUMNI TO MKKT The Franklin County Chapter of B. C. T. C. Alumni will meet Tuesday night, April 22 at 8 :00 o'clock at tihe home of Mrs. Hugh H. Perry. AU those who have at tended E. G. T. C. aire Invited to be present. Buys Bonds Mr. George I. . Griffin, reports' the purchase of Franklin County township bonds on Tuesday. He bought the $25,000 houlgburg township bonds at " 3-4 per cent intorest and a premium of $176. 51, the Franklinton township i $26,000 at 3 V4 and a premium of $<n\60. and the Ymtngsville $23. 000 issue at 3 3-4 and y premium of $153.25. Mr. Griffin js ji Vice President of McAiister. Smith and Pate,1, -bond buyers. ef ? Italeigli-anrt" lie informs the TIMR9 that he sold ' half the bonds before night of the same day of purchase. This indicates that Franklin j . Cfiu ntv hon (1i, ill most any *nl*di? ' vision are good ' BASE BALL TO DAY > Tin' Louisbufc C'olhtjj*' Iwm'*" IniII loam w ill |?lay I'mthyiw* ian Junior today ( Kri ?la> ) iil tin* colli ur bull mm* Hi . : ?1:00 o'clock. Tills proiiiNc to Im* a goo*! game as both (cams lutve strong aggregation*, (| ? . . mmm ' COLLIER S TEAM WINS In tl?e golf tournament played' 1 at Green Mill Golf Course . ouj W ednesday al'tm noon, Snooks Collier's team il^feated William) Barrow's team by a score of IS 'a to I4lfa- 't m a grand after*] noon for golf and the players en joyed It so much thai- a vote was unanimously taken thai another sueli occasion take place next mouth. ? Collier lead his team and als&ji the toOrnament with a low score, of 71!. His opponent Itill HugKi'is was runner-up with a score of 75.; In the brother against brother act. after trailing in the first' 9,ji William Harrow. Jr.. came from behind to defeat Joe Harrow by a score of lo 78. After play was over. the partici pant* and guests enjoyed delicious barbecue and all the "flxlns"| served by Mr. Ira Weldon. ? a UNAVOIDABLE ACCIDENT . Funeral services of Tom M. 1 Gupton, 58. who was struck and| Instantly killed by an automobile while walking on the highway near his home at Wood Sunday night, were conducted from the I home by t<he Rev Mr. Harper at ! 3:30 Monday afternoon. Burial was In the cemetery of the Mount! Hebron Church in Franklin Coun- j tjr. La vera Gupton, driver of the) car that struck the farmer was exonerated of any blame by a' Coroner's inquest held at Wood on Wednesday afternoon. Coroner, Bobbin's Jury ??omposed of W. D. Fuller. George Coley, D. H. Tay lor, Henry Denton. Callie ronton1 and F. A. Keed. after hearing the evidence following a full investi gation rendered a Verdict saying It was an unavoidable accident. Surviving Gupton are his wid ow; three song, Owen, Harrell and Otha Gnpton; two daughters. Pau line and Talmage Gupton. all of Franklin County. .: 1 The driver of the car was dia- 1 iantly related to the victim of j the accident. PROGRAM AT THE LOUISBURG THEATRE! ? ? | 1 The following is the program at the Loulsburg Theatre, begin-; ning Saturday, April 19: Saturday ? Double Feature ? Oene A.'utfy and Smiley Rurnette in 'Back in The Saddle" and John Litel In "Father's Son." Also Chap. 13 "Mysterious Dr. Satan." Sunday ? "A Girl, A Guy and a Gob" with George Murphy and i Lucille Ball. Monday ? Richard Arlen and i Jean Parker in "Power Dire." Tuesday ? W. C. Fields in "The Bank Dick" with Una Merkel. Wednesday ? Eddie Albert', Joan (new star) Leslie and Alan Hale In "The Great Mr. Nobody." Tkataday - Friday.*** Margaret < Sullaran and Charles Boyer in i "Back Street." . . . 1 Last Times today (FRIDAY)? "Tohaceo Road." ,, , 1 RESTRAINS ENGINE PURCHASE The Following Restraining Order Was Served Upon The Town Officials of Louisburg On Monday: W. A. liaynor and H. T. Bartho lomew on behalf of themselves and all other citizens and tax payers of the town of Louisburg who may become parties plaintiffs herein . * : vs. Town of Louisburg. W. C. Webb, Mayor of said town and T, K. I Stockard. Clerk of said town. <j The plaintiffs above named, on behalf of themselves and all other citizens and tax-payers of the town of Louisburg who may he roine parties plaintiffs in this ac tion. complain of Hie defendants above named and allege: 1st. That the plaintiffs W. A. Kaynor and H. T. Bartholomew ; me both residents, citizens andl tux-payer*- of live town of 1-uuiK- ? burg in the county ol Kranklio state of North Carolina, and h'aVc instituted I his act-ion 011 behalf of themselves and all other citi zens and tax-payers of the town uf Louisburg. Kraiikiin County, Nort'h Carolina, who may become parties plaintiffs in this action. 2nd. That the defendant Board of Commissioners for the town nf lxjutstniTg Is a municipal cor poration duly created under t4ie laws of the State of NoTltr"Cn ro li'na and is clothed with all powers ponTerred by the raws of said slate; upon such corporations and is subject- to such limitations upon its powers as are prescribed by lie laws of said stale. Thai among 1 I be powers so conleti'ei upon tl Is I'lie Tight ? to sue and he sired. Thai the defendant \\ c. Webb is the Mayor of the said town of I<oulsburg. and It. C. Heck. IS. Svkes. VV. II. Barrow. I'aul Klam. H', II. Allen and W. (!. Lancaster constitute the Board of Commis sioners of I'he said town, and llu* defendant T. K. .Stockard is the 1 own Clerk. Urn. Thul on the lltli day of April. 1 !? 4 1 . the defendant VV C". Webb. professing to act as .Mayor III Hip town of Louishnrg. and I lit- defendant .T. K. -Stockurd. pro I'essing lo ad ah t-lerk <rt said low ii. undertook to accept on be tuUf ? ol' Maid - town a contract! oi proposal to Hip lawn ot Loula Ihii'K from Fairbanks. .\lors? and Company, a corporation of the state ot Wisconsin, with its princi pal office and place of business in ;?!?? clt> of lieloit, to lurnisii mid deliver ?o~t lie town of l.ouls Imrc rertaht appimttus. machinery ? ml materials for the price of forty-four thousand, two hundred and eighty-three dollars ($44, 283.001 payable at the office of said'company in Atlanta. (ieoi-Riu. as follows: $30011.00 allowance for two 150 HP VV generating units, and t lie halancp of forty-onp thousand. l<wo hundred and eighty-three dol-] lars ( $4 l.*83.00 | in seventy-two (72) consecutive monthly pay ments as follows: First 24 monthly payments to he )350.00 each. Next 24 monthly payment* to be $400.00 each Next 23 monthly /payment* to be $650.00 each. \ Final or 72 monthTy payment to be $8,333.00 All such deferred payment* are lo be evidenced by eoupon revenue certificate* of the town of Louis burg payable to the order of said Fairbanks. Morse and Company or bearer, and bearing interest from date of the completion of the installation of said apparatus, machinery and materials at the rate of six per cent per annum, said interest payable semi-annual ly as it accrues. 4th. That the said proposal con sists of H"tengthy printed docu ment* with certain blanks pre pared and printed by the said Fairbanks. Morse and Company, containing a large number of printed stipulations highly favor able to said Fairbanks, Morse and Company, all of which will appear from a copy of said pro posal hereto attached, market Ex hibit' "A" and made a part of this Affidavit and Complaint. That the price named for the said appa ratus, machinery and materials Is unfair and unreasonable and, as plaintiffs are Informed and be lieve, is much In excess of the price at which the said company sells t'he same apparatus, machin ery and materials to private cor porations. 5th. That the said town of Lon Isburg is a town of only two thousand, t'hree hundred and nine (2,30ft) inhabitants, according to the census. of 1946. with a taxable value of all property within said town, real and personal, of only $1, 190, 561. 00. ft bonded indebted ness. exclusive of ofcher obligations of approximately $200,000.00, and a tax rate of $2.00 on the $100.00 worth of property within said town. That before accepting the said proposal of said Fairbanks, Morse and Company, a majority of said Board of Commissioners refused to submit the question -of entering into such a contract afcd creating so large an Indebtedness Co W?e people of the town bf Loulsbufg, a* * as proposed by the other members of said Board of Commissioners and was strongly ? " ' ? ? urged by uiany-ctttegns an<l tax payers of the town, iiiid which gular tit unit' i pa I election on May 6tli. 1941. without an v added ex pense whatever to ih< town of Louisburg. 6t>h. That said majority of Board of Commissioners refused to negotiate with any other manu facturer for the purchase of such apparatus, machinery and- mater ials. or to extehd to any* other manufacturer the opportunity to make bids or proposals - for the sale of such apparatus, machinery and materials. 7th. That< the said majority uf the Hoard of Commissioners un dertook to accept the proposal *of Fairbanks. Morse and Company in complete and utter viola Hon a ml disregard of the laws of Nort-h Carolina which provide that no contract tor, the purchase of ap paratus. supplies or equipment, the estimated cost- of which would exceed the sum of $1000.00. shall he awarded by any municipality or persons charged with the respon sibility -for the expenditure of I awhile money except to the lowest responsible bidder after full and complete advertisement and which a Wit tiles further provide that all proposals shall lie opened ill puli lie. and shall be recorded on ttie minutes ?f Hie board or governing body making the award. 8th. That add majority of the Hoard of Commissioners further ulrcterrook to enter into said con trart in complete violation and disregard of the following other provisions of the laws of North Carolina, viz: 1 1 ) Thah it ii < i disre garded thai provision of the law which requires that whet** the amount involved, ah one I hmuaiul dollurM ($ HMfo.no j or more. the hoard of Commissioners or gov ern i ii k body shall require the per son firm or organ i/.;H ion to whom I he award or contract is made to -tarnish bond in some insurance 1 company, or to make a deposit of money, certified cheek of other security for t lie full amount- of -said contract fin tin* faithful per . lormance of the terms of ^aid ppatrm> ? (2) Thai it* violated and dis re^arded thai provisions of the law which provides that no such < outran shall be altered, except liy win. mii aKtoonient of tin* con iraclor. i lie ill ret it'R oii his bond, and the board or governing body. (3). That it violated and dis regarded that provision of t?he law which provides that the sure ty bond or security required shall be deposited with the Treasurer of the municipality for which the work is to he performed or ap paratus furnished, until the con tract shall have been carried out ill all respects. (4> That It violated and disre garded that provision of the law which provides that where the municipality undertakes* to furn ish labor to (he contractor, or others entering into contracts for the installation of apparatus, ma terials or equipment. Hie specifi cations convering such projects shall carry full information as to what wages shall be paid for such : labor or the amount of allowance for the same. u> ' I Hill II' ? K'lH Iru U II II U??rr: | Raided thai provision of the law ; which provides that no board or governing body of the state or subdivision thereof shall assume responsibility for const-ruction or guarantee the payments of the labor and materials therefor. (6) That it violated and disre garded that- provision of the law which provides that each pro posal shall be accompanied by a deposit with the board or govern ing body of cash or certified check on some bank or trust company authorized to do business under t<he laws of the State of North Carolina in an amount equal to pot less than two per cent of the property, which said deposit is to be retained if the bidder shall fall to give security for the per formance of his contract. (9) That the contract herein before referred to is null and void and in violation of the laws of the state, not only for the reasons already given, but also for that (a) It provides for t'he Issuance of. what are In reality, coupon bondB by the said town of Louis burg. payable over a period of six years without complying with the law governing the issuance of bonds by municipalities in tihis state. (bl That the said contract un dertakes to limit the right of the town to recover damages which it may suffer by reason of the failure of the said Fairbanks, Morse and Company to perform Its own agreements contained in said contract. (c) That the said contract re requires the town of Louisburg to continue to operate its water, light and power plant as a municipal plant over an indefinite period, regard less of the coats of such operation. (d) That the Mid contract* re ?quires the town of Louisburg to rQreate a special fond in which k->i EUROPEAN WAR NEWS ? f i , London. April 17. ? (Tttfirsday) , Nazi dive-bombers scooped OM. ) Loudon for hours overnight in a i seemingly endless chain for the | noisiest anil apparently mnit. das ? I tructlye rata launched by the ? Luftwaffe. ' s \ The whistle and crash of bombs mingled wiWi furious anti-aircraft nre as st((;k after stick of explos ives4sniasljed down on the sleep less capital. Seasoned observers agreed that |TTiis was the heaviest blow yet j loosed on London. , .? A curtain of anti-aircraft fire arched across the starlit skies and bagged at least one bomber, which burst (jfitJi an eerie flash and fell in bits. Casualties were not announced, ,Jmt it' was feared they might be ' heavy. 1 The raiders dived low to loose | their bombs and scurried off. fol j lowed by others in procession that kept, coming over into the ?early morning hours. Merlin. April 16. -The German high command announced tonight t'hat the entire Serbian second army had laid down its arms In ; Sa rave jo, birthplace of the first 1 great war, but semi -official sour ces acknowledged at the same [time that Hie British army of Nor . I hern l.i eece l? "showing more ! fight than hertofore." _ _ | Capitulation ~ot this Yugoslav force, of ttnestimnted number, i save rise to new speculation as to 1 whether an armistlce_might now 'lie expected with Yugoslavia, but 1 Informed Hermans said this was extremely unlikely. _ j "It takes two to make an armis tice," tliey said, "each side agree Ing under certain conditions \o "s iTTp'T TgTiTmg '. Btlfc there doesn't secin to lie any Yugoslav govern ment left and certainly the army * isn't under unified control. So, there is no Serb competent' or with authority to make an agreement about anything in. behalf of the : Serb people." Announcement of the capitmla - i mi, was in. ul. in ?- Mi' l high command bulletin, issued hoars latter the morning's official report i nf y;i ih'ii u4i- Sarujpyn unri the IsiirrMiKiei of "thousands of Serbs." I Viignsla via's government for a time was reported at Sarajevo). Berlin sources said they bad no information as to the present . whereahou^o^K wg^Pete^or^the they saw Miey believed that Pre mier l)usan Slmovlc himself had 1 left the country. | all gross receipts or revenues derived from the operation of its light', water and power plant shall be deposited, and grants to said Fairbanks. Morse and Company a lien upon such gross receipts and or revenues. (el Thai said contract requires I the Roard of Commissioners of said town lo establish such rates for light, water and power within I he town of Ixiulshurg as shall be -sufficient to pay the aforesaid coupon revenue certificates, to gether with six per cent interest j accruing thereon., regardless of what shall be a fail: and reason able rate for said water. Tight and j power. (f) That under t<he -terms of isald contract the same does not stand or fall as a whole, bat it I Is provided therein that som? of I itv provisions may remain binding upon the said town of Loutsb?rg notwithstanding other provisions which constituted the considera | tion for tihe obligations assumed by the town of Loulsburg might be eliminated from said contract, all of which would be Contrary to the fundamental principle of JusMce and equity. (g> That the said contract | makes the coupon revenue certifi cates issued thereunder valid Into i whomsoever hand* they may come j whether t+iey (hall have been ac quired for value or not or whether ' they shall have been taken with or without notice of the defects [?herein, and regardless of any fail ure on the part of said Fairbanks. Morse and Company to perform the agreements which it under takes to perform and which con stitute tihe consideration for .the issuance of said qoupon revenue certificates. (h) That the said contract pro vides that t?he said Fairbanks, Morse and Company shall not be held responsible for any damages arising from the defects in said apparatus, machinery and materi als or in the manner of the in stallation tihereof. either original or consequential, except that it is specifically set forth that Mie liabilities of the said Fairbanks. Morse and Company shall be, not as established and provided by the law of the land, bnt only m limit ed by the stipulations prepared by said Fairbanks, Morse and Company itself. (i) That the said contract ia in many other respects unfair, un just, Invalid and unlawful, as will fully appear upon a perusal of the 8ame as set forth 1m Ex hibit "A". 10th. That a majority at the (Continued on Pm?e Fo*r)
The Franklin Times (Louisburg, N.C.)
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April 18, 1941, edition 1
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