The Oldest Newspaper Published In North Carolina
The Carolina Watchman
"The Watchman Carries a Summary of <lAll The Ngws”
FOUNDED 1832—100TH YEAR - SALISBURY, FRIDAY MORNING, MARCH 31, 1933 VOL. 10ft NO. 35 PRICE 2 CENTS
Haden Holmes, City Manager And Councilman, Subject To Penalty
Of $200.00~Double-Office Holding Prohibited By Constitution
Drawing Two Salaries, $200.00 Per Month As City
Manager, And $50 Per Month As Councilman
-1-------, —7
Acceptance Of One Office
Vacates The Other/
N. C. Statutes And
Constitution Are Cited
Under a ruling this week of Attorney General Dennis G. Brummitt,
the offices of city manager and the office of a member of the city
council are separate offices, and when held jointly, violates Article
XIV, Section 7, of the North Carolina Constitution.
Anyone who holds these two offices at the same time is subject to
a forfeiture of $200.00, according to Consolidated Statutes 3201.
1 Acceptance of one office while holding either automatically vacates /
the former office.
line omce or city manager and
[ the office of a member of the city
council are jointly held by H'aden
Holmes. Mr. Hoimes was placed
on the city council on April 29,
1932 upon the resignation of J.
M. McCorkle. On Nov. 15, 1932,
Mr. Holmes, while being a member
of the city council, was named
city manager. He is still holding
both offices.
Mr. Holmes draws $200.00 per
month as city manager and $50.00
per month as councilman.
The communication from At
torney General Brummitt follow’s:
In an opinion rendered at the
last meeting of the city council
City Attorney J. W. Ellis stated
as his opinion the office of city
manager was not a constitutional
office. The attorney general ruled
the office of city manager was a
constitutional office and came
within the meaning of Article 14,
Section 7, of the Constitution of
North Carolina.
"Your letter of March 25 th re
ceived. You state that your city
government operates under Plan
"D,” City Manager form of gov
ernment. I am of the opinion
then that the position of City
Manager and member of the city
council are separate offices within
the meaning of Constitution, Ar
ticle XIV, Secton 7.”
The letter was signed by Den
nis G. Brummitt, attorney general
of North Carolina.
The question was raised at the
last meeting of the city council
when an open break occured be
tween Mayor B. V. Hedrick and
City Manager-Councilman Hol-i
mys. • x
Article XIV, Section 7, of the
North Carolina Constitution, pro
vided as follows:
"No person who shall hold any
office or place of trust or profit
under the United States or any de
partment thereof, or under this
State, or under any other state or
government, shall hold or exercise
any other office or place of trust
or profit under the authority of
this State, or be eligible to a seat
in either house of the General As
sembly; Provided, that nothing
herein contained—shall extend to
officers in the militia, justices of
the peace, commissioners of public
charities, or commissioners for
Continued on page four
GOOD
MORNING
SEMINOLE SONG
Wind of the everglade
Sweet with wild fruit
Temper the drum beat
Chasten the flute.
Filter the sugar-cane
Fresh as a spring;
Strengthen the sinew
Fatten the wing.
Quicken the mango tree
Mellow its wine;
Hallow the campfire
Pungent with pine.
Wind of the everglade
Sweet with wild fruit
Temper the drum beat
Chasten the flute.
Bella—Dick’s awfully poetical.
When I accepted him he said he felt
like an immigrant entering a
strange country.
Donna—Well, so he was!
Bella—An immigrant, why?
Donna—Wasn’t he just 'landed*?
"I’m engaged,” said1 the taxi
driver as Mrs. Dorothy Parker was
about to enter the cab.
"I hope you’ll be very happy,”
she said, meltingly.
It’ll take a lot of 3.2 per cent
beer to make a man so numb that
paying taxes won’t hurt.
—
In Springfield, Mo., Clifford
Mathews was granted a divorce on
the grounds that his wife nagged
him about his cooking.
Start Suits Here Under
New N. C. Divorce Law
Complaints
Filed Here In
V. Court
wmmmmmMmmmm
Actions Based
On Separation
Only Two Years Separation Now
Required
Must Live In State One Year To
Bring Suit
New Measures More In Harmony
With Laws Of Other States
(By E. W. G. Huffman)
Two new divorce laws have been
passed by the state legislature this
season.
Under the fifrst llsw, marriage
dissoultions can be effected upon
two years separation and one
year’s residence in the state. Here
tofore, five years separation and
two years’ residence was required.
The second law permits either
party—the aggreived or the un
• t t - 1*__
aggllCVCU—IU UUktUU <x um/ivv
upon two years’ separation.
Although these laws have just
been passed, several suits have al
ready been instituted in the Row
an county superior court asking
for divorce upon two years’ separa
tion and one year’s residence - in
the state.
For years, bills of similiar im
port have been introduced in the
various sessions of the legislature
but have been defeated with de
finite regularity.
The laws on divorce recently
passed are more in accord with the
laws of a majority of the other
states in America. Same states re
quire only six weeks’ separation
and residence, and it is only neces
sary to set forth frivolous grounds
for the marriage dissolution.
Other causes for absolute divor
ce in this state, unaffected by any
measures passed this session, are as
follows:
1. If either husband or t*fife
commits adultery.
2. If either party at the time of
marriage was and still is impot
ent.
3. If the wife at the time of
marriage is pregnant, and the hus
band is ignorant of such fact of
pregnancy and is not the father of
the child with which the wife was
pregnant at the time of the mar
riage.
4. Crime against nature.
The two new laws passed- by
Please turn to page three |
NEWS
BRIEFS
LENOIR FACTORY BURNS
Over $50,000 damage was done
in the burning of the Lenoir Manu
facturing company’s furniture
Slant recently. Origin of the
CONVICTED OF WIFE’S
MURDER
At Mocksville last week, E. B.
Scott was found guilty of man
slaughter in the slaying of his wife,
an expectant mother, and he was
given 10 years in state’s prison.
HITLER SUPREME DICTATOR
The German reichstag has voted
to Adolf Hitler, fascist chief, ab
solute power to run the German
government without legislative in
terference for four years.
DISCUSS DEBT REVISION
In the conference of Ambassa
dor Ronald Lindsay with Secretary
of State Hull last week, Great Bri
tain began her elforts to induce the
United States to greatly scale down
the $4,500,000,000 in war debts
owed to this nation.
STILL EXPLOSION KILLS 7
A gasoline stove burning under
a small whiskey still in a farmhouse
near Fargo, OklaHpma, exploded
and started a fire which trapped
seven people to their deaths.
14 DIE IN PLANE CRASH
A transport plane crashed into
the side of a house near Hayward,
Calif., and exploded. Eleven peo
ple in the house were killed as were
also the pilot and two passengers
in the plane.
KILLED IN AUTO CRASH
A broken car bumper which
hooked into the wheel of a follow
ing truck caused a wreck near Gas
tonia which resulted in the death
of Horace Ware, 22, Kings Moun
tain, and the injury of three.
Four Candidates
For City Council
Four have announced their can
didacies for the city council. All
are Democrats.
They are:
U. Ray Miller.
J. Lindsay Shaver.
j,j; —w**** If.HjHtWi
O. C. Herrington.
Messrs. Shaver and Barker are at
aresent members of the city coun
cil, having served in this capacity
the past two years. Mr. Herring
ton, local business man, served two
terms on the board’ of aldermen a
number of years ago.
This is Mr. Miller’s first entran
ce in politics. He is in the chief
clerk’s office at the Southern shops
here, having held this position for
many years. Mr. Miller is financial
secretary of Winona Council No.
Iff, Jr. O. U. A. M and a represen
tative on the state council. He
is also an officer of the P. O. S. of
A. and a member of the Masonic
Order.
For a number of years, Mr. Mil
ler has been active in fraternal
work in Salisbury and Rowan
county and has been identified with
various civic and financial projects
launched here.
Jake V. Wallace
u ies In Florida
Jake V. Wallace, J 7,' one of the
leading citizens of Salisbury for
the past quarter of a century died
Thursday in Miami, Fla., following
an illness of several weeks.
Funeral arrangements had not
been completed at a late hour last
night. His body will be brought
to Salisbury Saturday morning.
Mr. Wallace went to Florida in
quest of better health several
months ago following an examina
tion at Duke hospital. However, a
change of climate failed to bring
about a recovery.
His brother, Leo C. Wallace and
nephew Irvin Oestreicher, survive.
First National Bank
♦
Plans To Reopen Soon
Arrangements for the reopening
of First National bank on a full
100 per cent basis are reported as
showing good progress in a state
ment issued by directors of the
bank, which is now working under
restrictions.
The government, through the
Reconstruction Finance corpora
tion, has offered to purchase
$100,000 in preferred capital stock
and officers and directors of the
bank have already subscribed $30,
000, leaving only $25,000 of new
Stock yet to be subscribed by the
remainder of the stockholders. The
statement says:
"With this proposal of the gov
ernment in effect, the depreciation
of the bank building and fixtures
required by the government undler
the new classification will be fully
met and absorbed, and thereupon
license to reopen on a 100 per cent
basis should be received.
"The First National bank has
not at any time been interested in
the proposed merger of a large
number of state bankng institu
tions.”
! -
Secretary of Treasury Inspects New Money
I mn _
Treasury Secretary, William H. Woodin, and Assistant-Secretary,
James H. Douglas, visited the Bureau of Engraving- at Washington to in
spect the new currency being printed by the order of President Roosevelt to
relieve the financial strain and place more money in circulation. v.
Taxes And Fees May Wreck
Five-Cent Beer ‘Schooner’
_
- !
I The five-cent glass of beer seems.
i doomed. j
| Mounting taxes and 'costs are;
working against the revival of the
old pre-prohibition 10-ouncc mug
that retailed to the consumer for
a nickel.
i As the Federal Government and
| the State government pile their
taxes and license fees up to unheard
; of levels the workingman is losing
his opportunity to drown the ted
ium of the day in a foaming beaker
(that costs him only the nickel he
i can afford.
' When beer returns and taxes
and costs are worked out to a
minimum the only possibility for
a five-cent glass of beer is to have
it served1 in a soft drink glass, a six
ounce1 glass.
The old schooner will not return
unless it will be served in restaur
ant where the profit is not depend
ent on the beer alone. Beer in such
places will merely be used as an
orchestra is in some restaurants—
to draw the crowds.
Figuring on the basis of a 10
ounce glass, which is the size of
the old pre-prohibition mug, tie
cost today ,considering only the
brewer’s price of $10 a barrel, a
Federal tax of $5 a barrel and a
State tax of $2, is over 4 cents a
glass.
This puts the 10-ounce mug out
of the race. The six-ounce shell
glass—known as a pony in the old
days—is alone possible.
Beer -is produced only in half
barrels, although it is being taxed
on the basis of a barrel. Flere is
the possibility of a barrel of beer
in glass form:
Ten-ounce glass, 413. •
Nine-and-a-half-ounce glass,
435.
Nine-ounce glass, 459.
Eight-ounce glass, 486.
Seven-ounce glass, 515.
Six-ounce glass, 590.
Forty-one Seek
Application To
C.M.T.C.Camp
According to B. D. McGubbins,
county representative of the C. M.
T. C. camp, 41 applications have
been received to date to attend
the camp; however, only IS, ap
plicants will be admitted from
Rowan county.
Owing to the large number of
applications, preference will be
given to those who made applica
tion on last year.
Play Tonight
Tlie P. T. A., of Granite Quarry,
will present a play, "The Dust of
the Earth” tonight at 7:30 o’cl'.ck
;n the high school auditorium.
A small admission will be charg
:d.
Beer Bill Is Now
Before N. C. Solons
The beer bill pending in the
state legislature provides:
1. That beer of 3 .2 per cent al
coholic content may be sold in
North Carolina after May 15.
2. That no person under 16
years of age be allowed to buy
beer and that every person be pro
hibited from giving such a person
beer.
3. A tax of $2 a barrel of 31
gallons and two cents a bottle of
12 ounces.
4. No manufacturing of beer in
the state.
5. A limit to the places in which
beer may be sold so as to p
"beer gardens.”
Three additional barriers remain
to be cleared if beer is to be legal
in North Carolina. The bill must
pass three readings in the senate,
be sent to the house where, under
formal legislative procedure it will
go to a committee and from that
committee to the floor of the
house.
Proponents of the measure pre
dict early passage.