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ews mm Fair west, cloady east aortloa Tharadayt r rid ay , fair, aa tack ckaage Is tamperatare. a- your wr, Bead renewal 0v day before expiration In ord.r t avoid aaissiag s ingie aw. . . youcxiii.No. 118. HiRAM JOHNSOH lESf VILL FIGHT DAVE BLAIRJNSEWATE Winston-Salem Man Will Meet Opposition When Confirma tionComes Up POLITICS AT BOTTOM OF OPPOSITION TO HIM California Senator Thinks U. 0. Delegates To Bepublican National Convention Should Hare Voted Tor Him; Oreensboro Delegation Visits The Attorney General Th Nsw aad Obaervei Bureau, 603 District National Bank Bid By EDWARD E. BRITTON. (By Special Leased Wire.) Washington, April 27,-Dav Blair b not gotac to get by the Senate without fight being made against hie confirma tion. That ia aathentie new whieh comei to me from source that know what they are talking about. It will not be a fight againat the business abil ity or the eharaeter of the Winston Salem man selected by President Hard ing and Secretary of the Treaaury Mellon for the important poet of Com missioner of Internal Revenue but a political fight on him. That it will be a atabborn fight may well be imagined when I eay that the man who will endeavor to prevent hia confirmation will be Senator Hi John eott, of California, and it may be that the fire which Senator Johnson etarta will be a conflagration of no email size aa affecting hia relatione with the Hard ing administration, for the fight that it ia declared by partiee with, whom he ha talked that ha la going to wage on the Dave Blair appointment shows that the- sears nad aore spots of the Chicago National Republican Conten tion have not yet healed np. And this despite the fact that today the Senate finance committee reported oat favor ably the nomination of Mr. Blair, naoer the rules this going over for one day. Didn't Support Johnson. The information that reaches me tad the sources of my information are of the highest reliability is that Senator John eon will fight the confirmation by the Senate of the appointment of David, H. Blair en the ground that Mr. Blair go ing to the Republican National Conven tion as delegate from North Carolina failed to veto for Senator Johnson for the nomination for President although the majority vote of North Carolina Republicans in the legalized State pri mary was foe 8ento Johnson -as the ehoiee of the North Carolina Republi cans for the nomination for President. A number of Republican Senators with whom he has talked on the matter say that he himself made the statement thst he would oppose the nomination cf Mr. Blair for the reason 1 have eet forth. It will be leinpinbeted thet David H. Blair -yes ou tl' credentials commit tee of the Republican convection and that his vote in the tomh-ation eon test went to Senator Harding. That President Harding, whom former Col leetjr cf the Port of New York Byron Newton says is a "prompt paymaster" of political obligations will stand by David Hloir. and that Secretary Mellon will do the same is another matter that may be put down aa certain. Ley your bets on the winner as you choose. Delegation Visits Dangherty. "I am impressed with the presenta tion you have made of the name of Judge Bynuin for appointment ae judge of the Fourth Circuit Court of Ap pea't,,'' said Attorney General Daugh erty today after he had heard what the delegation boosting Judge William P Bynum, for the vacant position had told him of the legal attainments and the qualifications as s man and as a Republican of the Greensboro lawyer for the position. It was a pleasant in terview that the delegation had with Attorney General Daughorty. He met its members most cordially, put them at ease with some jocular remarks, sat back ia his chair and let the spokesman for the delegation have their own time n ilinff whv Judffs Brnum should be appointed. And when the delegation left his office it wsa witn we ieeung that the chances of Judge Bynum were Senator Overman went with the dele gation and presented its membtrs to the Attorney General. The engagement was for1 11 o'clock, but the pressure of others presenting eanaiuaies iur var ious positions was so great that it was nearly 12 o'clock before the delegation was ushered into the innermost sanctum of the Department of Justice and re lw! .ah man for himself, the warm handshake of the Attorney General. In the delegation from Greensboro were B. B. King, ehairman; Judge B. C Btrudwick and U. earn ursasnaw, sposes I.rfn TWnn-71- Frank P. Hob- HMU . J , xmiiI Jr. miffnrd Fraaier. former Postmaster A. Wsyland Cooke, John A. Barringer, Martin r. uougiass ana u resident of Waahine ton, formerly of Waynesville, at some early date to go to Greensboro as a partner in the legal firm with ex-Governor Bickett and Attorney General J. 8. Manning. In the delegation waa also John . Woodward, bf Wilson, who also spoke in behalf of Judge Bynum, say i. th.l ha endorsed tha Greensboro man if no Democrat waa going to be appointed. Senator Overman said that he eame to introduce the delegation and that while he did not come to endorse any Repub lican for office, but he eould endorse Judge Bynum as a lawyer of ability mm. A . man. Tli. nrMntatinll of til. reasons for the appointment of Judge - . i . , a Bynum were eei lortn ny iuug oiruu- mmt'tmV wtiA Ytnlld JlldffS BvBUm S lawyer excelled by none in the 8tate, versed ii. Federal court practice, of high reputation and of warm heart. G. Sam Bradshaw next spoke and told of the .t.Ui nt Judira Braum as a Ratmhll- nan, of hia services to the party, of his . (Coatlnaed Page) Two.) SIXTEEN PACES TODAY. Photograph shows the biggest era hoister Is engaged in lifting and moving No Official Information As To Attitude of Allies WILKINSON NAMED TO SUCCEED WOOD Governor Gets Protest. For Failure To Name Colonel Kirkpatrick Governor Cameron Morrison yester day named W. C. Wilkinson, of Char lotte, member of the State Highway Commission o aueceed Word H. Wood of Charlotte, resigned. Governor Morrison announced ap pointment of the president of the Mer chants and Farmers Bank of Cltarlotte yeaterday afternoon and Mr. Wilkin son will bo in Raleigh today to attend the aeasion of the commission. TV i.tlna of tha Governor waa in line with his announced determination not to name anomer inwyor on w eoamiaslem and to. place) thereon a Charlotte man u possiue. Considerable pressure wae brought to Hear on the Governor from Char lotte to have him apoint Col. T. L Kirkpatrlck, of- Charlotte, one of the n.imntAri'nf (rAAd vnada in this State. The ban against more lawyers on the , 1 TT : 1 commission, nowever, cuminaiea iur Patrick who thereafter telegraphed the Governor that he would not accept the position. However, Governor .Morrison yester day received from the directors of the Charlotte Chamber of Commerce a reso lution protesting against hia failure to name Cel. HirKpaincx. uovernor .Mor rison would not comment on the tele gram. HARDING LEAVES TO REVIEW ATLANTIC FLEET President Will Hold Reception On Board The U. S. S. ' Pennsylvania Today Washington, April 27, Preeident Harding left here late today on the Mayflower for Hampton Roads, where tomorrow he will review the Atlantic division of the American fleet and later hold a reception aboard the flagship Pennsylvania for the officers of the 68 ships forming the armada. The executive was .accompanied by Mrs. Harding, his naval and military aides and a party of Senators. He planned to return to Washington early Friday morning. Secretary Denby, Admiral Coontx, chief of naval operations, and members of the House naval committee, also left sboard the naval yacht 8ylph for Old Point. Just before the review be gins they will join the Presidential party aboard the Mayflower, and alio will attend the reception on poard the Pennsylvania. The President and bis party boarded the Mayflower at the Washington navy yard with the plant band playing and the marine guard at attention. The cus tomary presidential salute of twenty-one guns was fired. This was Mr. Harding's first trip on the presidential yacht and it will be his first review or tne American naval forces. Fleet Now. Off Capes. Aboard the U. 8. S. Pennsylvania, April 27. (By Wireless to The Asso ciated Press.) The Atlantic fleet, home ward bound from the winter drill grounds in the Caribbean Sea, arrived today off .the Virginia Capes. The war ships will proceed tomorrow to Hampton Roads for the review by President Hard ing, then will scatter to their home yards, where the. crews wui do given shore leave. TWIN CITY BUSINESS MAN FOUND DEALT AT HOME Winston-Salem, April 27. Carl T. NUsen, youngest ano of the late Frank N is ten. for many years a suceesful wagon manufacturer in Waughtown, wae found dead in bed thia morning at the father's old dome place in Waughtown. Besides his wife and two children he is survived by two broth ers and three 'sisters. ' Mre.Mrs.V.Horton, age 82, widow of the late Captain A.H.Hortonof Wilkea coonty died Ids tnlght at the home of her eon, Dr. H. V.-HortoB, following a stroke of paralysis last Friday. She lived in Wilkes county 35 year and after the death of her Jiusband moved to thja eity.: , , . H, ., ; . RALEIGH. N. GREATEST CRANE IN THE WORLD V s ' ; r'v, ? Copyright Cnderwood and Underwood. In the world at the League Island Nary Yard, at Philadelphia. The Wmmoth a smaller crane. French Reported, However. To! ; Regard German Proposals ! ' As Unsatisfactory BELGIUM ALSO THINKS OFFER NOT ACCEPTABLE Intimated That United States Will Be Involved As Re sponsible Party Washington, April 27. (By the As sociated Press.) The American gov ernment tonight still was without any official information aa to the attitude of the allied powers with respect to Germany' counter proposal on rep aration. Consequently a reply to the communication received from Berlin yesterday has not yet been prepared. The views of the allied government are expected to be transmitted through their ambassadors here, with whoa Sec retary Hughe eonfetyed yeaterday, None of the envoy called at tha State Department today,- but an Associated Press dispatch from Fans this evening announced that instructions had gone forward to Ambassador Jusserand to in form the United Statea that the Ger fian propoaals were unacceptable to France. It was assumed that M. Jus serand would make thia known officially to Mr. Hughes tomorrow. Regarded Unsatisfactory Dispatches from Brussels indicated that in Belgium the German offer was regarded ae unsatisfactory. There wae no word as to the viewa of the other interested powers. It was understood, nowever, that official did not aeeee sarily regard aa significant the action of Great Britain in requesting it rep resentatives in Berlin to inquire infor mally regarding the new German offer with a view to making clear the term of years over which the payment would run. Administratioa officers continued to day their policy of silence with regard to the whole reparations question. It was understood, however, tbst an ele ment in the situation which they have under eonaideration is an intimation from some of the allied governments that the mere transmission of the Ger man offer by the United State would involve the American government in some measure of responsibility. Not Accept Responsibility. It is believed that the Bute Depart ment is not ready to accept thia view of responsibility on its part, provided ita efforts are confined to a mere trans mission of the communication without endorsement of any kind. As only three days remain before the date eet by the French government for the beginning of its move into audi tional German territory, it is expected that a reply to the German communica tion will not be long delayed. Preeident Harding left Washington todav on the yacht Mayflower for Hamp ton Roods to be absent until Friday, but it is not thought likely that thia will serve to delay the American answer. it is understood that the administra tion's plane were agreed upon at the seesion of the cabinet Tuesday. Should there be any unforeseen developments in the situation, the President eould be communicated with readily by radio. The action of the reparations com mission is in accordance with the pro vision of the treaty that the findings of the commission aa to the amount of damage done to the civilian populations of the allied and associated power and to 'their property during the period of the belligerency of each, must be com munieated to the German government on or before May 1. 1921. According to the -treaty, Germany undertakes to meet this obligation. In eluded in the various categories for which compensation . is demanded are damages suffered from bombardments, rael violence, or maltreatment.., all pensions to naval and military victims; the cost of sustenance by the allied powers to rprisoners of war and their families and dependents; allowance for similar purposes, and all lories, fines and other exactions imposed by tier many and her allies upon civilian popu lation. REPARATIONS COMMISSION FIXES AMOUNT DUB FRANCE. Paris, April 27. The reparations com mission has fixed 132,000,000,000 gold mark as the total damages for which reparation ia due by Germany under article 233. second paragraph and an eex one, part eight, of the, treaty of Versailles. ' The commission's decision was offi cially communicated to Dr. Von Oert- sea of the German war purdens com jniaaio toalght, .V . .. . .- ,- ; C. THURSDAY MORNING. APRIL 28, 1921. m r '- i - -I - 4 i r ! e Final Break Between Ship owners and Marine Workers Narrowly Averted CONFERENCE HELD AT REQUEST OF BENSON Last Moment Appeal By Presi dent of Seamen's Union Pre. vents Break and Paves Way For Portlier Conferences Friday; Marine Workers Be. fnse Reduction In Wafes Washington, April 27. A final break between the shipowner and marine worker wae narrowly averted ' at the conference called here today by Chair man Benson of the- Shipping Board, ia an effort to prevent a threatened strike en May 1, when existing wage agree- msnt expire. A last toameai appeal byiAndrew Furuseth, president of the International Seamen's Union, resulted Admiral Benson told the conference ence Friday. The delay waa sought in order that propoaals of Chairman Benson for a IS per cent wage reduction and changes in working conditions afloat might be laid before the unions, but admittedly the outlook for an agreement Friday was not bright. Admiral eBnaon told the conference he would not recede from the outline of reductions he had presented aa neces sary to the merchant marine. Reject Wage Redaction. W. S. Brown for the Marine Engi neers Beneficial Association flatly re jected the proposed wage reduction. W. A. Thompson, representing the American Steamship Owners Associa tion, aaid that unless the unions were prepared to negotiate a new wage scale further conferences would be useless and that hia organization was now pre pared to act. When Admiral Benson's declaration that he would not trade on his wsge appeals had brought niters to a cli max, the president of the International Seamen's Union made a plea for delay and further consideration in behalf of the American merchant marine and won the consent of the conferees to another session. ' One More Proposition In his appeal, Mr. Furuseth warned ship-owners that he had one more pro position to offer, ahould a break come, which be hoped he would not be called upon to present. If thst could not be avoided, he added. wiMout revealing what he had in mind, "let the chips fall where they may." Replying to Chairman Benson's pro posals for a readjustment of wages and working conditions, Mr. Brown read a resolution adopted by the engineers' wage committee, which declared that the proposed wage eeale and re-classification of ships waa not acceptable, although ehangea in working conditions were. later he said the engineers would not recede front, the stand they had taken and would not accept a wage reduction. HEAVY HAIL STORM VISITS SALISBURY ANO VICINITY. Salisbury, April 27. A scverehuil Horm visited thia eectloa thia after, noon, doing much damage to grew. In craps and stripping many trees. The hall was preceded by a heavy wind storm, which, however, did aot do great damage. ' The storm aa nearly aa can be determined toalght waa purely local, only covering aa area of a boat Sve soasre miles. Some of the bail was e,aite large aad for a few mlaatee fell la pro fusion. The People's Market Filling the essential needs of tne household constitutes the rrt bulk of the business done dally through the .Want Ad Columns, which . have become generally rercrnlsed as the people's market. Hn-e the workmen meets the employer, the employer finds the ones who ' would be emplojed. the seller meets the buyer, tnose who would exchange goods are brought together. j The Want Ad Columns the people's market alive with human interest and brimful of opportu nity, are ready o serve all. Phone ItT and our Want Ad man will gladly call for your ad. ANOTHER MEETING Oil WAGE MATTER EnBaanMHHBMaow STATE BOARD OF BT STATE SOCIETY Generous Approval of Policies and Pledge of Support In Its Activities EXTENSION OF WORK URGED IN RESOLUTION Two Wake Coonty Phyiciani Kelnitated After Lonf Dil. euisioa; Dr. Hubert A. Koy ter, of Kaleifh, Slated Tor Presidency; WinitonJSalem To Get Next Convention Pinshurst, April 27. Generous ap proval of the policies of the State Board of Health and the pledge of the profession to make those policies even more successful in the future eame to day whea the Bute Medical Society and the member of the State Board of Health met la joint seaaion. It was the most largely attended meet ing of the two bodies sine the Joint session annually was made mandatory by a legislative act, and the keen in tereet developed prolonged the aeasion for three hour during which period there was extended and general discus sion particularly with regard to the tonsil and adenoid operation being conducted among the sehool children. At the end there was unanimous vote that tha work should eontinue under the plan now followed. Urge Extension ef Week A resolution offered by Dr. J. Howell Way, president of the Board of Health, was unanimously adopted laying down the policy that no member of the board and no paid employee should hold of fice in the Medical Society, the Health Officers association or any similar or ganisation in the State. A resolution coming from the section on pediatrics waa offered by Dr. I. W. raison, of Charlotte, and adopted org ing the manufacture and distribution of toxine antl-toxine for the preven tion of dlptheria, Dr. C. A. Shore, direc tor of the Laboratory of Hygiene, an nounced that preparations were well under way and thia new weapon for the defense of children' lives would ahortly be available. Following the report of the secretary. Dr. W. S. Rankin, in which he briefly outlined the pollaie of the Board and the methods pursued, the spirited and prolonged discussion begaa with tha offering of a report by a committee ef poMcie appointed at the last annual meeting. This was submitted by Dr. J., Howell Way, for. the Board of Health, Dr. I Av Crowell, for the Medical Rociety. and Dr. J. M. Parrott for the Hospital Association. T,he' eame report had been previously adopted without dissent by the house of dele gates. Endorse Every Policy of Board The report gave endorsement to every policy now in effect and urged the continuation of each. Opposition to the tonsil operation elube was voiced by a number of members while the methods pursued and the objects aimed at were defended by others. This wss the only point that called forth a de bate, and when the vote woe Anally called a complete understanding had been reached and the opposition had faded away. Tomorrow morning the nominating committee will report, on officers. for the following year. It Is understood that Dr. Hubert A. Royster, of Raleigh, is to be president, Dr. W. T. Psrrott, of Kinston, first vice president, Dr. L. B. MrBrayer who has been acting (Contlnaed on Page Two.) HEALTH ENDORSED How U. S. Navy Guns Put Stop to German Shelling of Paris By JOSEPHUS DANIELS Former Secretory of the Navy Copntsnl 121. kr John W. DUIa. CoprrUbt br N.Uon.i Kmrne atntea. Coprrlsht la Oraat Hriuta. Canada ana Uiroujhput Kuroix All tuliti narme Ineludlni iruvlaiiM luto fonl Unmlm, iocluaUal th. akatulliiatlaa. tnautterlMd rrpruulna tm suy swpo. farbtddaiL From the standpoint of spectacular sensationalism Germany gave the world the biggest eurprise of an amazing war when, on March 23, 1918, shells began to fall in Paris. Bombs from a fugitively visitant aeroplane were to be excepted, but ahells from a gun how could that be possible when the German Him" were, at their nearest approach, at least seventy miles from the French capital! The world was at first incredulous, but as the shells continued to fall in the city and its suburbs increduility gave way to stunned belief. Ten people were killed and fifteen wounded the first day. A week later, Good Friday, March 29, the long-range bombardment resulted in a tragedy which shocked civilization. It eould scarcely have been by design, and yet the coincidence of the dny and the objective is extraordinarily signifi cant for mere chance. Kill Seventy-five In Church. On this day of sacred fast, the holiest memorial of the Christian year, while n congregation of devout worshipers women and children and men too old to light prayed in the Chutch of Ht. Gervsise, a shell crashed through the roof of the building, killing seventy five persons, of whom flfty-fout were women, and five nf these Americans. Ninety other persons were injured. In all Christian lands people were aghast at this slaughter of the defense less. The thing that stirred men's indig nation was that this phenomenal gun was apparently of no practical value for military purposes. Its use lay whol ly ia terrorizing the civilian popu lation of Paris by slaying the helpless. B was an attempt to weaken the heart of France, to break her spirit and resolution. It was hoped, doubtloss, that when news of what was happening to the women and rhilrfren at home reached the men at the frout it would shake the wonderful morale whieh hnd held at Verdun and on many another desperate field of encounter. . lor five month; Faris endured the SIXTEEN PACES TODAY, MUNICIPAL ACT IS HELD INVALID 6AR II. JR. TO CONTINUE - RACE WITH LCI. FLYER EARLY THIS MORNING. Hampton, Va April STs-The Car II, Jr piloted by Car Wood, ef De troit, arrived la Hasaptoa Creek to night aad will aot coatiaae her ran to .New York aatil tomorrow mora ine. Attboagh Mr. Wood left Nor. folk earlier la the aftsraooa with the latentloa ef attempting t breve the northeast storm new blowing dowa the coast, he aUered that de cleioa jast before passing throagh the Cape aad tamed hsck. Gar II has twelve and eae-hslf boars In which to nske New York, according to Mr. Wood, but he declared he will complete the ran la ten hears. T Link Through Fourth, Fifth and Sixth Districts Ordered Completed Immediate construction cf the Cen tral Highway from Charlotte, through Cabarrus, Rowan, Davidson, Ouilford, Alamance, Orange, Durham and Wake eountiea to the Johnston county line was ordered by the Bute Highway Com mission at the second day of ita session vestardar. Work will be rushed as soon ae engineering plans are ready, aad will be far along toward eontpie tion before winter eet in. Standard concrete construction, eight een feet in width ia specified in the order, and it is estimated that the con struction of the sections of the road called for in the jorder will require the expenditure of approximately 1 .500.000. Continuation of the high way throueh the counties in the Sec ond district is under discussion, and it ia not unlikely, that the road will be put through to NJlernwthin a year. Revere! Llaki Ballt. Several important links in the road have already been built. The road will run via Concord, Salisbury, Lexing ton, Thomasvills, High Point, Oreens boro, Burlington, Hillabore, Durham, Raleigh, and out tha Garner road to the Johnstone line. The link between Dur ham and RaJeigh will be built by way of Morria villi, connecting with the con crete road now extended as far aa Cary. A sour mad to Chapel Hill, now pert! ally completed, will be rushed through. Somewhat over suv miles in icngin, the Central Highway will offer tha long est continuous stretch of concrete road rn the tjoatlr when- tha proposed links are .ccUFiettfl. ' Considerable mileage hes already been built under the com missi."! and under eounty direction. Mecklenburg, Babarrus, Rowan, Ouil ford, Durham and Wake counties alto gether have about 100 miles of concrete rosd in use at present. Conference between the Commission and the Oovernor and Council of State yesterday morning brought the two de partments of the State . administration into full accord and agreement, with the result thst the Commission now has the formal assurance of money as fast a the roads can be built. A the matter stood at the end ef the confer ence, the Commission ia ; to proceed as rapidly ae possible to build such roads in such places ss its judgment prompts, and the Oovernor and Council of State will furnish the money. Most of the day was spent in the eonsiderstio.1 of a large number of .pro posals coming from individual coun ties or from Road Districts locking (Continued oa Page Two.) horror of this menace- No one knew when the shells would fall, or where, but the eity went about its business nd kept its courage. Nemesis from America. Meantime, over here in America the Nemesis of the great German cannon wss in preparation. The United Stntei Navy was at that very time building long range guns, with this difference of purpose and viewpoint from the enemy; that our objectives 'wns a weapon which would be effective from a military standpoint; which eould accomplish definite destruc tion within the combatant lines of the foe. The German gun was a freak. It may be questioned whether it hai sufficient value for future warfare. It was in teresting as a demonstration of what can be .done in hurling projectiles through space; it was terrible as a further evidence of the heartless cruelty of Teutonic militarism; but whether it contributed anything of greater use fulness to the practical science of artil lery than Jules Verne's ' story of the gun which dropped a projectile on the moon is open to debate. The development of guns and shells for use in the event of possible future ware which, pray God, the world will be spared is more likely to fol low along the lines on which American experiment and achievement have moved. Threw l,40.Pound Shells. The new United BUitcs , navy guns were being built on plana which would , (Coatlaaed ea Page Tea.) EN RAL HIGHWAY TO BE BUILT NOW PRICE; FIVE .CENTS FINANCE Attorney General Manning Rules That Failure ot Senate Journal To Show Roll Call Vote Fatal Error MAY MEAN MILLIONS IN LOSSES TO CITIES Special Session of General As. sembly Hay Be Necessary To " Kemedy Situation Which Cripples Cities' Taxing- and financing Powers; Secretary of State Asks Por Opinion The failure of the State Senate' journal to show that th Municipal f inane Act wa passed on it third reading by an aye aad ao roll emit vote. and the ruling of the Attorney Get- , era! that the Secretary ef Stat may , not correct the Journal to correspond with entriee on the original bill nay eost the municipalities of th State two millions of dollars and may necessi tate an extra session of the General Aasembly. Attorney General Manning gave his opinion so the HMnt HUte who enquired if he had the aa- .uoruy 10 correct the journal of th 1 Senate. The Secretary of State, ia turn, had acted oa request of New York bond attorney interested In North Carolina municipal bonds. Entry Indicate Rail Call. The entry on the or Urinal bill inrti. eatea that it passed oa third reading ia accordance with the law, wa re considered, amended, and wa passed ea - tmnt reading as amended by vote of 43 to 0. The Journal, however, only show that th bill waa passed oa it third reading but does aot indicate that it passed by roll call. The Attorney Oea oral yesterdey ruled that thia was a de fect sufficiently serious to invalidate the act The invalidity of tha 1321 Unaeinal Finance Act would leave North Caro lina municlpeliuea under th o Der ation of the old municipal finaaee act which puts fifty cent limit oa general ' taxotion, but allow municipalities to in crease that rate upon permisaioa ef th Municipal Board ef Control. For th year 1920, it wa stipulated that thia increase would aot exceed U- per cent. By th special session, the munici palities, limited to aa increase of 10 per eeat inereaa ia revenue aader th UU revaluation aet, war authorised to carry ever deficit for entreat expsaeee aad bond thia iadebtedaeoe. Now, if ,th 1921 aet is invalid, aot only will it cripple the taxing power ef cities bat will leave them with ao mesne whatso e'er of carrying or funding th deficit for running expense whieh ia th ease of Raleigh amounted to 1113,000 bat would subject the municipal authorities to th penal law for exceeding the in come of the eity. Indicates Oerteal Error. City Clerk Willard Dowell, who waa one of the committee of the North Carolina Municipal Association, waa stood by the municipal finance aet and followed it passage through th 1921 Ocneral Aasembly, ia confident that th passage wae ia accordance with the law and that the failure of the Senate Jour nal to ahow the proper entry ia by clerical error. If it is held Invalid, Mr. Dowell be lieves, North Carolina cities will be ser iously crippled in finances. It may eost Raleigh and every eity of approximately the same size betwela 1100,000 and 150,000. Manning' Opialoa. The opinion of the Attorney General follows: "The Legislature at its reeent see sion attempted to revise, amend and re-enact the Municipal Finance Aet. The bill was of such a character as to require its ensctment in accordance with Article 2, Section 4 of the Consti tution. The House Journal shows that it passed properly and constitutionally the various readings jn that body. The Senate Journal shows that it passed it several legal and eonatitutional read ings in that body, the ayea and noes being taken and entered upon the jour nal on its second and third reading. It appears from the Senate Journal, however, that after the bill had passed its third reading in accordance with the Constitution, on motion of Senator Vnrsor, the vote upon which it passed its third reading, was. reconsidered. Thereupon, Senator gams offered aa intendment, which wss adopted and thf bill then passed its third readings There is no entry of the ayes and nay upon this passage of the bill ae amended. The original bill itself ha stamped on it by the principal elerk of the Senate this entry: 'Passed third reading, ayes 43 and nay none,' while between the words 'rcaditg and 'ayes' ia writton with a pen 'ns amended.' Constitutional Provision. "Article 2, Section 14 of the Consti tution, provides as follows:, 'No law shall be passed to raise money on the-credit of the State or to pledge the faith of the State, directly or indirectly, for the pay ment of any debt, or to impose any tax upon the people of the State, or to allow the counties, cities and towns to do so, unluss the bill for the purpose shall have been rend three several times in each Hous of the General Assembly, and passed three several readings, wl ieh readings shall have been ea three different days, and agreed to by each house respectively and un less the yeas and nays on the sec ond and third readings of tho bill shall have been entered on the journal.' '"The Supreme Court hss repeatedly held that the provisione of this section are mandatory and that a statute of the character thcrciujlefined la void If, not ens. -ted in accordance with it. It i obvious that the detect -in the enact ment of this law v.aa in the failure, if the journal speaks the truth, to eall and enter upon the journal th ayea .. ' i (CeaUaaed aar Pag Two.) ,.' ;
The News & Observer (Raleigh, N.C.)
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April 28, 1921, edition 1
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