In its decision declaring the Guf
fey Bituminous Control Law u’
constitutional, the Supreme Com *
of the United States followed in the
main the same line 'of reasoning
which led to the death of NRA.
The grounds for throwing out both
tof these acts, SRA and the Guffey
Coal Act, are that the production
of coal, if not slaughtering of
chickens, is not inter-state com
merce and therefore Congress has
no power to regulate it. On this
point the Supreme Court divided,
six to three, exactly the same line
up as in the NRA decision, with
Justices Brandeis, Stone and Cardo
zo in the minority. The majority
iopinion held that the regulation of
wages, hours and conditions of la
bor in the soft coal industry is local
matter to be settled locally. It al
so held that the law delegated legis
lative authority unconstitutionally.
The Ctourt also ruled against
another major feature of the Guf
fey Act. the taxation provision.
The law provided for an excise tax
of 15 percent of the total value of
coal mined, to be paid by the mine
operators; but operators who signed
the soft coal code were to receive
a rebate of 90 percent of this tax
This the Supreme Court held, was
an improper and unconstitutional
use of the taxing power to impost
a penalty upon operators who re
fussed to be coerced into signing up.
ANNULMENT EXPECTED
The annulment of the Guffey
Act by the Supreme Court was not
unexpected. It was commonly re
ferred to in Washington as "The
Little NRA.” In principle it dif
fered in no way from the National
Recovery Act, and serious doubts
as to its Constitutionality were held
by leaders of both parties in Con
gress at the time of its enactment.
It was pending at time of the NRA
decision last summer, and the
tendency then was to drop it be
cause it so clearly seemed to be ex
actly paralled to NRA. It was at
that critical moment that the Pres
ident wrote to Representative Hill,
Chairman, expressing the hope that
the Committee would not let anv1
doubt of the constitutionality of
the Guffey Bill prevent its being re
ported to the House for action.
The real reason behind the bill’s
passage was the threat of the Unit
ed Mine Workers of a general c(oai
strike on Septen-t)ci 15 .an year,
unless Congress passed some law
that would compel the mine owners
and operators to accede to the de
mand of the union for shorter hours
and higher pay. There was no doubt
that the miners were desperate and
that they meant business. There
was talk of riots extensive enough
to be called rebellion among the
Pennsylvanian miners unless some
thing was done and done quickly.
EXCISE TAX REFUND
Many large mine owners who re
fused to sign the code paid the ex
cise tax under protest, at the same
time starting legal proceedings to
have the law declared unconstitu
tional. About $700,000 of these
taxes have to be refunded.
Chief Justice Hughes, while con
curring in the majority opinion of
the Court wrote an individual opin
ion in which he held that some fea
tures of the Guffey Law might be
constitutional if they tould be sep
arated from the unconstitutional
phases of it.
RESETTLEMENT DECISION
On the same day that tiie GufFey
Act decision was handed down, the
Court of Appeals of the District of
Columbia handed down a decision
that the Rural dcscttlement Admin
istration, created by the President
under the Works Progress Admin
istration, with Dr. Rexford G. Tug
well at its head, was an unconstitu
tional delegation of power under
the WPA Act. While this decision
is not final, and will be carried to
the Supreme Court, it is notable as
the first judicial reversal of any of
the applications of the $4,800,000,
OOOWorks Relief fund which Con.
gress gave to the President early
last year, to use in his own dis
cretion.
Naturally, the question which
everybody in Washington is asking
is as to the political effects tof these
new anti-Administration Court de
cisions. Coming as they did, al
most on the eve of the party con
ventions, it is to be expected that
every possible effort tjo utilize them
for party ends will be made by the
Republicans.
(Continued on page four)
The Carolina Watchman rrit
,_A NEWSPAPER DEVOTED TO THE UPBUILDING OF ROWAN COUNTY
FOUNDED 1832—104TH YEAR SALISBURY, N. C., FRIDAY MORNING, MAY 29, 1936 VOL. 104 NO. 44 PRICE 2 CENTS
County
Primary
Ticket
I
STATE SENATE
(Vote for one)
E. C. Gregory, Sr.; J. C. Kesler;
Ralph C. Jamison and C. P. Bar
ringer.
HOUSE OF REPRESENTATIVE
(Vote for two)
George R. Uzzell; J. W. Bean;
Walter Murphy; C. C. Owen and
Ralph Simmerson.
SHERIFF
(Vote for one)
J. H. Krider; Reid Goodson.
PROSECUTING ATTORNEY
(Vote for one)
John C. Kesler; C. O. P. Trexler.
_
COUNTY COMMISSIONERS
(Vote for five)
R. Linn Bernhardt, Salisbury!
township; O. L. Linn, China Grove;!
T. M. Byrd, Litaker; J. T. Graham,
Cleveland; C. A. Long, Providence,
Ralph Current, Scotch Irish; J. F.
Link, Salisbury.
I
BOARD OF EDUCATION
(Vote for One)
Carl Hall, Steele township; Roy
S. Safrit, Litaker.
The following are unopposed:
W. V. Harris, for County Judge;
W. D. Kizziah for Register of Deeds
j and J. E. Haynes for Qounty Audi
tor.
The race for the Democratic
nomination for Governor seems to
have completely overshadowed the
candidacies of the local aspirants,
and the Watchman suggests that
the voters seriousi/ consider these
candidates, and select men who are
qualified to discharge the duties in
cident to the offices for which they
aspire. This Gounty should send
| capable and qualified men to the
; next session of the Legislature, be
i cause it will be lone of the most
i important sessions ever convened in
j Raleigh.
j George R. Uzzell is a candidate
to succeed himself, subject to the
Demlocratic Primary. He was a
member of the 1931 and 193 5 Le
gislature, and by reason of his ex
perience in these sessions, he is qual
ified to represent Rowan County in
the 1937 session. Last year he was
I a member of the following impor
' tant committees. Finance, Game,
j Judiciary No. 1, Manufacturers and
j Labor, Rules, Public Welfare. En
| rolled Bills, and was Chairman of
j the Committee on Public Utilities,
j During the closing days of the
Legislature it is customary for the
Speaker of the House to select five
clompetent, and conservative men to
act as a Calendar Committee to
study all Bills introduced during
the rush of the closing days, and
thus prevent unjust legislation. In
the 193 5 session Mr. Uzzell was
selected as Chairman of this Com
mittee, and in such capacity ren
dered the State a great service. He
saved the land owners of the State
thousands of dollars by his vigorous
opposition to the Senate Tax Fore
| closure Bill, which contained a
gross penalty on those unable to
promptly pay their taxes. By his
Bill to readjust street assessments
he permitted home owners an addi
—
(Continued on page four) I
ilw The WEEK’S NKWSI;1
TABULATING RECORD “
VOTE —The Public Action |
Committee is instructed by |
its 23,000 members to in* g
augurate an annual pe^ce |
celebration by all countries si
of North and South America. |
The idea came simultane* <i
ously from many Americans. K
The request has been for- 4
warded to the President. ,J|i
—:--: —~~zSsKEs?
WTor? irvine’
I the 14 foot camera with which he £
ISf will photograph the total eclipse «
LOS ANGELES—MRS. W. A. HARRIMAN !
• wife of the chairman of the Board of the
:SS®? Union Pacific, christens the company’s new
’ Diesel Electric streamlined train, “City of Los
§|f! Angeles.” A record of 39 hours and 45 minutes
sv. was made on its first run from Los Angeles
\ \ to Chicago.
■wwa—i ——wp « ■'
VINCENT BENDIX, presi- *
dent of the Bendix Avia- '
tlon Corporation, which ^
has just purchased a sub- i
stantlal Interest In the H
Jaeger Watch Company of fP^
New York. Edgar L. Vail j
continues as president and ig||||
general manager of the |||||
Jaeger Company.
-mm
PROTECTING California’s orchards
—Storm drains In orange country,
'now under construction with a Pub*
lio Works Administration grant,
will collect rain waters which for
merly overran citrus groves and
caused large losses of frutt.
I. ■ . -
SENATOR JOSEPH
F. GUFFEY of Penn
•ylvanla, pictured aft*
er the Supreme Court'
struck down the Guf*
fey Coal Control Act
with objections which
apparently doom New
Deal attempts to eon*
trol Industry.
Hoey Deplores Play To
Labor By Dr. McDonald
Clyde R. Hoey, Democratic gub- j
ernatorial candidate, decried here
May 26 the "political doctrine that
laboring people are members of a
different class. The man who seeks
to inject class prejudice and hatred
into the ranks of labor is not only
an enemy to the state but an ene
my to labor itself,” Hbey said.
Mr. Hoey was introduced by J.
D. Carter, a leading Democrat ot;
Spencer. Nelson Woodson, one lot j
Mr. Hoey’s managers, presided.
It is estimated that 1 5 00 heard
Hoey’s address. The courtroom
was jammed, the lawn in front of
the courthouse filled while hund
reds left because they were unable
'Jo obtain seats or standing room in
the courtroom. It was by far the
largest crowd ever attended a poli
tical speaking here in a primary
contest. |
"Division of the people into
classes is abhorrent to every demo
cratic principle and is i«ht accept
able to any self-respecting laboring
man who is not suffering from an
inferiorit complex,” he said.
"The laboring people are not a
separate class but a part of the
great body politic,” he said, addiny :
I am not the candidate of any
class. I don’t believe we have
classes in North Carolina.
"I don’t have to identify myself!
with labor, I have worked on the
farm, in the shop, in the newspaper
office, and in the law office.”
"One of my first acts as a young
legislator,” Hoey said, "was to in
troduce and have passed a bill to
create the State Department of Ag
riculture, the purpose of which was
to improve the conditions of the!
working man and woman.
1
"Because of my interest in labor
when I went Congress, Claude
Kitchin, the Democratic leader,
placed me on the committee on la
bor where I served through my
term.
"But never have 1 tried to make
political capital out of my friend
ship for labor. My desire to serve
labor is lonly a part of my desire
to serve all the people of Nortn
Carolina.
Taking cognizance of the plat
form and program which is being]
ou: lined by his opponent, Dr. i
Ralph McDonald, Mr. Hpey said
that the state was not going to be]
misled by "impossible political pro-;
mises.” He outlined a program of
state progress under a leadership.
which will "deal in practical pei j
formance.”
The speaker characterized Mc
Donald as a man who had never
paid very much attention to poli
tics, who had never been interested
enough to help fight Democracy’s
battles until a short time ago, and,
added that the promises he was mak
irig relative to his administration
if elected could not possibly be fill
ed. "The people will reject the]
wild schemes which would wreck]
the state financially and crush them
under burdensome taxes,” he added.
"We will go forward and as we do]
so we shall provide the means!
necessary to support our program1
of progress.” |
Going into hio own qualifications1
for the nomination, Mr. Hoey j
stated that he was not a conserva-1
tive, a radical, n,or one who walked ]
in the middle of the road. "I am]
just a plain Democrat wh.0 believes]
in the party’s principles of equal j
rights to all and special privileges
to none. My whole political career
has been founded on liberalism
and I have supported every sanely '
propressive measure in North Caro
lina for 30 years. As governor I 1
would continue to do so.”
The speaker stated that North :
Carolina had been getting along
rather well during the past few ■
years, if their financial condition
was any index. He added that the :
credit of the state was excellent 1
and that the state stood wel, up in 1
the ranks of the more progressive
commonwealths.
Apparently referring to the oft- 1
repeated statement of McDonald, '
that he had no program to offer p
the people of the state, Mr. Hocy (
cited several things which he wouia
try to accomplish if nominated in!
the primary and elected in Novern- f
tier. I will give my full support
to securing a larger appropriation1'
for the schools and teachers ant’
for securing free textbooks forj
children. I favor the expenditure.;
af money for ma'ntainance of the’
secondary or county roads. I in- j
tend to do everything in my powei
to see that North Carolina joins
with the federal government in pro
viding security fcr our old people
md advancing ocher humanitarian 1
v.jork. I believe in a safe and same!
revenue sufficient to finance the
state’s operations and at the same
time work the least hardship upon
3ur citizens.” v
finance the state’s operations and
it the same time work the least
tardship iipjen our citizens.”
Referring to the sales tax, the
tbolishment of which he said was
(Continued on page Four)
/oters Flock to Hoey
Banner All Over State
Choose^^^W^apon5 i
BOSTON . . . Patrick J. Daune, i
74 (above), District Court Judge, j
is perfectly willing for Governor |
Curley to test his physical fitness
— ‘in personal combat — choose
your weapons.” Gov. Curley’s pro
posal “that aging jurists be sub
ject to mental and physical tests
|pr fitness,” brought the chal
Cabarrus For
Hoey By A
Huge Lead
Carl Goerch’s interesting and us
ually reliable magazine, The State,
published the somewhat amazing
news last week that sentiment in
Cabarrus county is for Dr. Ralph
McDonald as governor.
The state gained its information]
from a so-called straw vote being!
conducted in every county of N.
C. by members of The State staff,
[f results of that straw vote are
:o be relied upon the Cabarrus pote1
ivill be operwhelmingly for Dr. Mc
Donald.
Newspapers in Cabarrus county,
daily, tri-weekly and semi weekly
ilso conducted straw votes of their
)wn. These straw votes showed
raters of the county overwhelming
y in favor of Hoey for governor.
Straw votes, we know, are of ten
anre'iable but we believe a ballot
randucted along the lines The In
lependent and other Cabarrus pa
aers conducted theirs are more in
licative of the real sentiment in the
bounty than one conducted by Mr.
joerch’s paper.
So, because of the State’s publish
:d straw vote result for Cabarrus,
ve are going to depart from a long
tanding policy and make a flat-!
ooted prediction of the outcome of;
[une 6 voting in Cabarrus.
Based on our own straw vote re-1
ults we predict Mr. Hoey will car-i
•y Cabarrus county in the first pri-1
nary by a huge majority. !
And, if Mr. Goerch would like to
ay a political wager on the cut
:ome, nothing would suit us bettei j
han a free trip around Cannon j
^ake in a Wheelbarrow with Mr.;
Joerch at the pushing end.
—Kannapolis Independent, j
-■ - — i
Heads Wellesley
v&SSBfcXv. *?»
OBERLIN, Ov. . . Mildred
Helen McAfee, f (above), has !
been elected presvlent of Welles- j
ley (Mass.) College, the seventh ,
of the famous old school for ;
women. Miss McAfee has been
dean of Oberlin College here. 1
sensational Gains Re
corded in all Sections
of North Carolina
Rowan, Cabarrus,
Iredell for Hoey
Sensational gains by Hoey the
past few days has definitely placeu
him in front in the 4-cornered
race for Governor of North Caro
lina, according to reports received
from all sections of the state this
week.
McDonald was placed in second
place, Graham third with McRae
trailing far behind.
Factors responsible for the Hoey
increases were listed as follows:
Switch to the Hoey camp by
Graham and McDonald supporters.
Swing of public sentiment gener
ally, the voters realizing the pro
mises of McDonald are impossible
of performance. This is believed to
have caused a heavy loss to Mc
Donald ranks.
Polls taken over the state indi
cate that the farmers and home
owners are now in the Hoey column
The "silent Vote”—considered by
many as the most important factor
in any election—is definitely for
Hoey.
During the past two or three
weeks, the personal friends of Mr.
Hoey—who are legion—have be
stirred themselves and their activi
ties have resulted in huge increases
in the Hoey column.
Included in the counties listed
under the Hoey banner were: Row
an, Cabarrus. Mecklenburg , Bun
combe, Iredell, Davidson, and many
others.
Messrs. Kern Carlton, Nelson
Woodson and Charles Price, Ijocal
managers of the Hoey campaign,
were exceedingly optimistic and
elated over the bib pickup in Hoey
strength the past several weeks.
They predicted that Riowan county
would g| for Hoey by a substan
tial margin.
Raleiph, May 28.—'-Clyde Hoey
will lead McDonald in the first pri
mary,” predicted Hubert E. Olive
manager of the Hoey-for-Govern
or campaign. "We all heard a lot
of wild talk but the fact is that
North Carolinians were not fooled
by the impossible promises of a can
didate who said he would reduce
taxes and spend more money at the
same time.
"One of the candidates might
not have realized it but in North
Carolina most of the people know
enough arithmetic to see through
his proposition of collecting less
and spending more.”
Mr. Olive added that "the trend
toward Hoey proves stronger every
day. ”
"Every day I receive reports from
all section of the State showing a
steady stream of voters leaving the
opposition and joining with us.
When intelligent North Carolinians
stop to think—as is their habit be
fore they vote—they' realize that
from the standpoint of ability, ex
perience and character, Clyde R.
Koc-y is the ideal selection for Gov
ernor of our State.
"Looking at the campaign from
a purely political viewpoint, veter
ans at the game say we have the
most complete organization that
has corked for a candidate in many
a year. I want to make it clear
however, that neither I nor the
county managers nor the head
quarters staff can take credit for
that. The fact is that Clyde R.
Hcey’s friends and admirers all ov
er North Carolina—men and wio
men who know him and know his
record of unselfish service to State
and party—fust insist on joining in
the work.”