North Carolina Newspapers

h J ( ) . J - ! the A Home Newspaper Published in the Interest of the Peopie and for Honesty in Governmental Affaire Vol. IX No. 41 Salisbury, N. C, WednesdaySeptember 24th, 1913. WM. H. STttWAHT, EDITOn It S ' V ' lie ihiiynv I HOUSE COMMISSIONERS BltLtY AND HARBISON WANT TO STOP. The Coapiiiot Thil is to be Kurd b Judge Loog Monday at Trey, Messrs. O O. Harrison and R. B. Baily, members of the Board of Commissioners of Rowan Conn ty who have undertaken to straighten oat oar oourt house trouble hare filed their oomplaint which makes interesting reading and we present it herewith for the benefit of onr readers There are several other points by some considered bad structural features not mentioned in the oomplaint. They are much too thin foundation walls and the lack of proper footing, improper "plumbing, and the plaoing of the entifs building in a hole, below the level of the sewer mains or at least too low to get a proper fall from the basement of the sewer age. The complaint is as follows: North Carolina, Rowan County. Iu the Superior Court, October Term, 1918. O. 0 Harrison and R. B Bailey, Commissioners for Rowan County, vs, H C. Trott, J. W Pbeler, P. A. Hartmao, Commis sioners for Rowan County, King Lumber Company and A. Ten Eyjk Brown Complaint. Plaintiffs, O. O. Harrison and R. B. Bailey, complain of the defendants above-named and al lege: 4. That on the first Monday in December, 1912, H. C. Trott, J. W, Peeler, P. A. .Hartman, O O Harrison and R. B. Bailey were' qualified. and installed as Com-, missioners for the County of Rowan and now constitute the Board of Commissioners for the County of Rowan t that the King Lumber Company is a corporation organized and doing business under the laws of the State of Virginia: thst A. Ten Eyck Brown is an Architect of Atlauta, Georgia. 2. That the plaintiffs, O. O. Harrison and R. B . Bailey, bring this action for and on behalf of themselves as citisens and tax payers of Rowan County and for and on behalf of other eitizens and tax payers of Rowan County and in discharge of their duty as Commissioners for the County of Rowan, State of North Carolina. 8. That on the first Monday in Maroh, 1912, the predecessor! of the present Board of Com mi a sioners for Rowan County, P . B. Beard, P. A. Harfcman, W. P. Barber, A. L. Deal and W. F. MoCanless, passed an order to to build a new court honse : that on the first Monday in June, 1912, said Board accepted the plans and specifications of A. Ten Eyok Brown, Architect, on motion of W. F. MoCanless,. Deal and Mo Canleie voting in the affirmative and Hartman and Barber in the negative and Chairman Beard de ciding the tie in favor of adop tion ; that on the first Monday in July, 1912, said Board accepted the bid of the King Lumber Com pany, Contra otor, for the erection of said court boose at the priee of $99,400.00 which amount to be increased by $11,700.00 if granite specifications were us9d: that on the same date said board paid the architect 13,000.00 and anthem ed the ohairman to negotiate with the contractor in respeot to using Rowan County granite : that on the first Monday in August, 1912, said board aocepted the contrac tor's proposal to erect said court house with Rowan County granite according to plans and specifica tions for $11,700 increase over its base bid of $99,400.00, making total oontrsct price $111,100 00; that when the present Board of Commissioners qualified the first Monday in December, 1912, the oonrt house was in process of con struction and a large part of the granite was in the wall. 4. That on or about the first Monday in June, 1918, Geo. O. r Von Nsrta, an expert whose ser-' vieAi huA hann RRnnrad bv Chair L man Trott, submitted report as to court house: that the ohairman declared J the report' adopted. Peeler and Hartman voting for adoption and Harrison and Bailey protesting. That said report ia not responsive io the issue, is without regard to the. plans and speoifiostions, is in some respects false in "fact and is in ihe nature of an argumentative con fession and avoidauce on . behalf of the architect and eontraotor and should be expunged from the County' Raoords . 5 . That on the first Monday in June, 1918, on motion to ap prove architect's estimate for payment on Court Honse contract, Hartman and Peeler voted in the affirmative and Harrison in the negative and Ohairman Trott de cided the tie in favor of the pay ment of the estimate: that on the 19th of June, 1918, the Board passed an order to direct the arohiteot to approve no more estimate! for payment until building conformed to plana and specifications, Trott and Peeler being unavoidably absent, Hart man presiding and Harrison and Bailey voting that on the first Monday in July action was de ferred on account of the absence of the county attorney; that on July 28tb, 1918, the action of June 19, 1918, was declared re scinded and architects estimate approved for payment, Hartman and Peeler voting in .the affirma tive and Harrison and Bailey in the negative and Chairman Trott oasting the deciding vote: that under similar conditions and with same vote another vouoher was declared approved for payment first Monday in September, 1918. That plaintiffs protested be fore the Board the risht of P. A. Hartman to vote on the motion to adopt the Von Nerta report and tbe yooobeis for the payment of the Architect's estimate on the oonrt house con tract and now protest his vote on these questions and aver that his vote was illegally cast and counted for that be was and is interested m the matter and the result of the action, having undertaken with the eontraotor for their mutual profit ; and advantage to furnish granite for said building and hav ing furnished the defective granite that is the suM :ct of this contro versy : that but for his illegal vote payment on court house, as above indicated, would have been refused because it failed to conform to speoifiostions. 7. Thst the King Lumber Company has violated its eotract with the Board of Commissioners for, Rowan County without fault on the part of said county, and has.disregarded the . terms of its contract in respect to building the court house: that the court house being erected by the King Lumber Company is not aooording to plans and specifications in that that the granite1 is of low grade, having a wide varity and texture, serious disoolorations and entirely un suited for use as ornamental building stone and is an inferior quality of Rowan County granite, manifestly taken from the bould ers or surface beds: that the stone is not cut true and sqaure, the jointing is irregular and the work manship inferior: that said gran ite is now being pointed contrary to specification so as to hide the broken edges and inferior work manship as far as possible: that the faoe brick wall is inferior, with joints large and irregular, and a rough piece of work: that the concrete work is inferior, not having the cement as called for by specifications : that part of the building is ont of plumb the walls oyer hanging at the top, and is otherwise defective in material and workmanship. 8. That conditions can be help ed wonderfully by replacing the inferior granite with first class granite: that in doing this there is danger of breaking the walls and otherwise injuring the building: that rebuilding the wall wll be attended with mnch I difficulty in jointing and anchor ing: that the cost of removing and replacing will be mnch more than the first cost of the granite wall : that the arohiteot has wrcngfuHy and unlawfully inoluded the gran ite work in his eitimate: that the contractor has drawn more than the value of the building in its present condition: that there is danger of irreparable loss and damage to the tax payers of Row an county if further payments are made before the specifications are performed, daogar that it may be abandoned without sufficient money retained on the contract with the bond included to com plete it, dancer that it may be finished and paid for without specifications being performed and stand as an eye sore, a disgrace to the county and a slander upon one of county's important indus tries. 9. That the oontract provides for the contraoter to be paid monthly as the work progresses according to specifications 85 per cent of the work done and mate rial accepted during preoeeding month and he is not entitled to receive anything for work that, hss not progressed aooording to specifications : that the defendant arohiteot wrongfully and unlaw fully included the granite work and other work that is not accord ing to specifications in his esti mates and is liable to county for the money wrongfully paid out on these estimates, 10. That the following is a sum mary of architect's estimate first of September to wit : Cost of labor and mate- ' rial to this date, $82,644.27 Less 16- per cent re tained as per oontract 12,881.64 $70,162.63 Amount paid including payment of Sept. 1, $67,163.68 That plaintiffs are informed from verbal statement of the arohiteot that the granite and granite work in his estimate is about eighteen thousand dollars : that itemized statements of the work and mate rial are not furnished the commis sioners with his estimates . 11. That in building this oourt house the Kng Lumber Company directly or indireotly entered into an undertaking or contract with W. F. MoCanless and P. A. Hart man to furnish the granite for said oourt house, said contraot being made for the mutual benefit of said Lumber Company and MoCanless and said Hartmau and McCanless being at th time in the performance of their duties and in the disoharge of their trust as Commissioners for Rowan County, which was well known to King Lumber Company : that said contract was and is illegal and contrary to public polioy and is directly associated with the infe rior quality of the granite and granite work : that said illegal contract having become a part of the building operation and per meated through the business transaction between the King Lumber Company and the - Board of Commissioners for Rowan county in respect to said court house, causing irreparable lose and injury to the tax payers of Rowan County, the whole bnilding oon tract is tainted with the fraud and the King Lumber Company is not entitled to reoover anything from Rowan on acoount of said build ing, and is most certainly not en titled to reoover anything on ac count of the granite work which is the subject of the unlawful agreement. 12' That no vouoher was passed by Jhe board in favor of the King Lumber Compauy on court house contraot with the knowledge of plaintiffs from the , first. Monday in December to the first Monday in June, 1918, and vouchers sub sequent to that date were illegally approved as hereinbefore alledg- ed : that the King Lumber Com pany has wrongfully withdrawn from the treasury of Rowan Coun ty' without proper warrant cr an thority the sum of $67,162.68. Wherefore plaintiffs pray for an order restraining further pay ments on oourt house oontract MEXICAN ASSASSINS GO FREE. Mlllliry Court After Six Manths Silting rinos no uuB obiuj. e mtiou visjj i ub deaths of the late President Pran- oisco I. Madero and Vice Presi- dent Joie Maria rino snares were not brought about by a punishable crime, acooramg - io a aeoision pronounced by the millitary court here today. The investigation lasted six months. It was start- .:IVa , 7- IT A- T of tha Federal district immediate- ly on the conclusion . of the ; i ! 4l 10 days' battle in the .streets of Mexioo last February suited in Provisional which re- President Huerta ooming into power. Among u witueut. w. ejor . ., if- at t--Jnn . n nh manded the escort wh!oh oonvey ed President Madero and Vice President Pino Snares from the national palace to the penitenti ary. Washington, Sept. 19. Senor Perez Romero, brother-in-law of the late President Madero, and confidental agent here of the Mexican Constitutionalists, today characterized as a "farce" the re port of the military tribunal on the killini? of Madero and Snar "From independent channels 0 T". , and from all evidence that we have gathered," he said "we have li.rnrl that Mirti- UVmi.ftn 4 I Cardenas frequently has boasted in many publio places that he killed Madero himself, yet he was never taken into custody. All nnr ovidAnna .hoV. that both President Made and Vice! i President Suarex weiisassinat- edin the national plTa$e before beine taken to the nsnitentiarv " w :r I until and except as the work pro .,J?v; . 8 . " . anoninnatinra - tnas vtiainairra w a . i specifications: that plaintiffs re cover from the defendants, Kirg Lumber Company and A. Ten Eyok Brown, for the use of Rowan County, such sums of money as they or either of them are due ssid county : for such other relief as plaintiffs and other tax payers of Rowan County may be entitled. B. B. Miller counsel for plaintiffs. - North Carolina, Rowan County, O. O. Harrison and R. B. Baily being duly sworn, Bays, each for himself : that the foregoing com- nlftint ia t.rno nf hin nvn Irnnvl edge exoept as to matters therein stated upon information and be lief; and, as to those he believes it to be true . O.O. Habrion, R. B. Ballet. Sworn to and subscribed before me this day of Shntember. 1918 . J. F. MoCubbims. C. S, 0, Despondency Is ofter caused by indigestion and oonstipation, and quickly disap pears when Chamberlain's Tablets are taken. For sale by all dealers. Rev. R. L. Davis, superintend' ent of the North Carolina Anti Saloon League, was pardoned Friday afternoon by Governor Craig from conviction and $10 fine and costs for striking Wiley Strauughan over the head with a s t L'.ni. mi wnisxey Dotue. ine governor takes the view that Mr. Davis is not guilty. Amo'ng the peti A ' f ll sioners ior tne paraon .were Senators Simmons and Overman, Secretary of the Navy Josephas Daniels, Judge C. M. Cooke and 000 already set aside for tnis pur Solicitor H. E. Norris. Newlv pose is not sufficient, more gov discovered evidenoe was present ed, tending to snow conspiracy 1 to frame up a case against the prohibition leader. Do You Fear Consumption Ho matter now enronio you cough or how severe your throat or lung ailment is, Dr. King's New Discovery will surely help vou: it may save your life. Bull man Green, of Maliohite, Col writes: "Two dootors said I had consumption and could not live two years. I used Dr. King's New Discovery and am alive and well." Your money refunded if it fails to hflpefit von. The best home rem edy for ooughs, oolds, throat and lung tioubles. Price 50o. and $1. Guaranteed by all druggists. LATE NEWS OF INTEREST. Big Items Reduced te Small Pirinnfts tor our Headers. . Tf uiie Bitting on ine ena or a cross-tie on the west side of the north-bound Southern Railway mam line track in North Char lotte Friday night, Lewis Smarr, a negro employed at the coal chute, was struok and instantly I killed by a northbound passenger train running as second No. 88. Washington Gardner of Albion, .r-i: -, ... 7 anon., riaay was eieated com mander-in-chief of the Grand Army of the Republio at the final business session of the fortv- seventh annual encampment bald At fihattn I -"ouvii ...J-, - ft. , I J the meeting place for the 1914 enoampment. A general exodus of veterans and delegates attend ing sessions of allied organisa tions began Fridav nisht. Iu bidding their hosts and hostesses farewell veterans and visitors pre dicted a closer relationshin be- a tween North and South as a re sult of the encampment. The fourth of the five alleged murder oases on Guilford Superior wours QOCiet wnen last Week's Court docket erm ben w8 disposed of Fr: I j i Tn i r i i a wnen aa' ison Peaa 8uiltv of in teeonA I J J a w . aegree ana was aensenoea t zo A. 1 J98" In ne BWM Pn Claw,0n WM charged with the killin8 o J Jeffreys, another Ne8ro- whom ho ou a he h "n raior causing Jeffreys to. LI 1 a. j il ;" r . i"? ubwi in lew minuses. Tne affair Mcurred in disrepti- kftble Ne8ro qQ"t f Greensboro ,everal W6eki ft8' Clawson's . . 1 v m ffii Butence mazes a sotai or to years imnninrimanl n fniixl.f.iul.aii - 1." . . , ... . . J who pleaded guilty to murder or manslaughter last week. Jndge Charles Cooke in Wake Superior Court Friday afternoon Pnded the four-months jail ontenoe imposed some montha "8 &g"ist J. J. Holland, the naru ir i.ine seosionmaster 0..1 aix? Ior 1U1Q8 Van atewart for per ,1,tenfc indecent exposure of Jiis person close to tne Holland home at Millbrook' 800 people I . j m oetitioned for the suspension of the iudgment and Annie Stewart. mother of the Negro killed, wrote the Judire from Petersburg Va.. tnat sue understood tne provoca tion under whioh her son was shot .. ... w Holland. News of a distressing death in Alexander county last week reaoh- ed here. Some time ago a daugh ter of Mrs, Cornelia Holder of Gwaltney township, Alexander oonntv. became deranged and im- W I J , manageable. In a struggle with h9r mother with a table fork, sticking the fork in her mother's knee. The wound made by the fork became infected and gradual ly grew worse until Mrs. Holder died as a result of the injury. The young woman who unknow ingly abused and injured her mother has been sent to the State hospital for the insane at Morgan U0n. John Skelton Williams, assis tant seoretary of the treasury, Friday informed a North Caro lina delegation that the depart ment would be extremely liberal in responding to applications for money by Southern banks to move the cotton crop. If the $50,000, ernment funds will be deposited. Moreover, the tithe for repayment will be extended. This assurance was given by Mr, Williams to Representatives Stedman and Doughton, who called at" the treasury department, accompani ed by S. O. Hobbs of Clinton and J. C Kennett of Greensboro. members of a committee from the Farmers' Union. They went away well satisfied with the atti tude of the department toward the farmers. It now seems that two terminals for distribution of parcel-post packages will be established in North Carolina, at Charlotte and I Kaleigh. Representative Webb was assured Friday that Char lotte will be made one of the depots for the State, if satis factory rentals can be arranged representative Pon and John O. Drewry of Raleigh also called at I the postoffioe department and Mr. tdrLa Raleigh. That city has already given the department the choice u iwu xro nves jr sne uepot. An investigation is being made ana sometning aenaita may be KnOWn in a Week. v The formal opening of the SUte Normal and Industrial College took plaoe Mondav mormns in . - M the Alumni building, with more than W0 students already matri- culated. The exercises ware pre-1 sided over bv President J. I. Foust, who welcomed the girls and made a number of interesting I announcements. I A -Li a 1 l I u iv uuhj iuug oou- sideiation of the currency bill in toe senate Hanking and Currency X 1 1 3 . . . . . I iii8aoi4aayassneeuaoianay ut aeiBicorv auesBiomns on bamuel Untermyer, oounsel f or - i the Pujo Money Trust Committee of the last Congress. Senator Bnafrotn of Colorado unsucoess- u.7 ...u u iwun mu .greemens to clo.:e the hearings before the - , 1 Baron Chinda, the Japanese I ambassador, called on the United States government Saturdav for the third time within the week to I get an answer to his country's note 011 the California lano leffii. I lation. He failed to get it. The ambassador reached the state de partment just before Seoretary Bryan was leaving for Warrenton, Va., to fill his. last : ohautauqua lecture engagement. The seore tary was able to give the ambas sador only a few moments of his time. It is intimated that Japan intends to press to a quiok con-1 elusion the negotiations with this oountry. ; W. A. Devin, of Oxford, was commissioned Saturday by Gov ernor Craig as superior court Naa8 m M Mn tno w suooeed Judge H. A. Foushee, of Durham, resigned on account of poor health. Judge ueyin oonvened His first court in Durham county Monday. He is 5 years old, a member of the law firm of Graham & Devin, Ox ford, has served two terms in the legislature, 1011 and 1918, being now onairman of important com mittees and a member of the special commission on constitu tional amendments. : His aooept anoe of the judgeship necessitates I his resignation from the legisla- ure and there is not time for. the election of a successor for the impending special session. ine standard uu company is acoused of keeping the Mexioan revolution alive. It is said this oompany wants to get oontrol of the Mexioan oil wells and will stay on the job until it gets the concessions desired. One of the most important bits of industrial hews in some time came out Friday in the form of advance mformatton of the sale of the big Aihely & Bailey string of silk mills, reaohing from Pat terson, N. J., to Fayetteville. The nine Ashely dc Bailey string M ' m m or mills are located in six manu facturing towns, Patterson, N. J., York, Pa., Columbia, Pa , Ooates- ville, Pa., and Fayetteville, and the mills in each piece will be sold at auction on various dates in October. 1 Diarrhoea Quickly Cored "I was taken with' diarrhoea and Mr. York, the meiohant here, persuaded me to try a bottle of Chamberlain's Oolio, Cholera and Diarrhoea Remedy. After taking one dose of it I waa cured. It also writes M. E. Gebhart, Oriole, Pa That is not at all unusual An or dinary attack of diarrhoea can al moat invariably be oured by one or two doaea of this remedy, salt by all dealers. Forl 1D1FIK. SOMETHING FOR THE CON SIDERATION OF VOTERS. DJ wiliynS SCOtCD Irlll Ttf HSJlIp. Tag Editor ot Thi Watchmajt I Dear Sir : The last Legislature authorized the issuance of township road Ihnndi nnnn iha naUi t w fv SlflU DUO I T0teM ot the township that an eiecuon 09 neld- Should such eiecsion in any vownsnip De in 1 . Z m forof bonds then the County Comminioners are empowered to lllQe ne "onda and to provide for the payment of the interest and for tne linking fund by a special tez iniB x is in addition to any other road tax. Baotoh Trigh Townahin in ta hold an election on a bond iaane of 20.000. 80 vea. 5 bonds. ' I In order to provide a sinking j. n:. tnnvM i. j laua w uy ta zv.uuu euu of on ve.M. .040 10 mnat be set agide a.Hy at 4 compound interest and $1,000 as interest mUst be paid eaoh year. Eaoh Scotch Iriah Town- hip mMt pay 1848.10 Bettle I j oa j :n - - uv u tgi ou jvmtm, ruu uu win Mttle it only when the sinking "nd of $848 10 is drawing 4ft oompound interest for 80 years. There are 142 polls in the town hip who, we will assume, pay their taxes. From the caloula- tion made 54 cents will be the tax levy on property to meet this bond issue. Therefore the ad ditional poll tax will be 8 times 64 cents or $1.62. The total amount eaoh year from polls will be $280.04. Sub tract thia from $1,848 10 and we have $1,118 06 to be raised by special tax on property. The total assessed value of the property cf Scotch Irish Town ship is $206,652. Divide $1,118.- 06 by $206;652 and we have the special tax of 54 oents for eaoh hundred dollars worth of property whioh must be levied to pay this debt. This levy is mandatory, and is, the minimum that will settle the debt. This is in addition to the county road tax of 25 cents and the township road tax of 15 oents. So the citisens of Sootch Irish Townthip are agked to pay a road tax of 94 bents on each hundred dollars worth of property, and an extra $1.62 added to eaoh poll to build good roads in the township. Lei tne voters look up the law on the subject, and see what they are doing before casting a vote. Yours truly, Richard Hsxdsbsov. Apparently muoh against his will, Hans Sohmidt, the priest who murdered Anna Aumuller, planned other murders and equip ped a counterfeiting plant, waa examined in New York Sunday by an alienist, Dr. Gustave Soholer, neurologist at the Washington Heights Hospital. At the end of an hour's interview with, the prie-' oner Dr. Soholer said he was not Inrenared to call Sohmidt an in sane man. Aitonso v. j&.oemie, the priest's attorney, after talking with the alienist, said he was sat isfied with the results of the ex amination.. It is Koelble's con tention that Schmidt is insane. Dr. Soholer announced that he would spend more time with the priest' before announcing con clusions on his mental state. Caught a Bad Cold "Last winter my son caught a very bad cold and the way ha ooughed was something dreadful," writes Mrs; Sarah E. Duncan, of Tipton, Iowa. '-'We thought sure he was going into consumption We bought just one bottle of Chamberlain's Cough Remedy and that one bottle stopped his cough, ' cured bis cold completely." For. sale by all dealers. Hit 3 r&ts&jfr ... ...VI