'in
THE WEATHER7
North 'Carollaat Iknrn
Thursday aad probably Pillar,
moderate Mat to easts, wis is.
WATCH LALZL
oa jrosr papr. ' Send renewal
flv , day before expiration
In order to. avoid mix Is a; m
single, copy. ;r; :i ,t ,
iitaei
aw
VOL. CXIII. NO. 132,
SIXTEEN PAGES TODAY. .
, RALEIGH, N. C, THURSDAY MORNING, MAY 12, 1921.
SIXTEEN PAGES TODAY. N PRICE: FIVE CENTS
TV T ,
lews
POWER COMPANY :
: CASE SENT DOWfl
FOR TRIAL AGAIN
Supreme Couit Finds Error in
Judge J. Bis Ray's -
.Moment 1 L
SAYS DENIAL OF Rtl
APPLICATION IS CORRECT
. , . - -
.Decision in furor of Plaintiff
yfhin Vital Point Wert in
Controversy Could Hot Be
Upheld fcy Supreme Court;
Meant Case May Com Up
for Third Time.
By Tirtna of an opinion of the Su
preme Court written by Associate Jus
ties W. P. Stacy and Sled yesterday, the
era of the North Carolina Public Ser
rice Company of Greer.tbcro and High
Point against the Southern Power Com
pany goes back to the lower court for
trial on iti mcriti. . According to tho
cturt's opinion. Judge J. Bii Bay, who
tried the case below rai correct in de
pyit nnnlirntion to the Federal Court,
tut was in error in ullcwing judgment
in fuvogjif the defendant on the plead
ihgt when important ir&uca were in con
troversy. Thia means, that in all likelihood, tho
cue that has been before the Supreme
Court twice .will eovna back a third
time after it it threshed out on its
merits before a judge and jury or be
fore a judge if the jury trial is waited.
The Supreme Court also filed an
(pinion yesterday, written by Chief
Juatico Walter Clark, holding unconsti
tutional the act of the 1919 legislature
rpplying to Forsyth County and making
it unlawful to carrying rearms off one's
premises even though 'unconcealed, with-'
out a permit from the clerk of eourt
and without having filed bond.
The issue eame before the eourt in
the ease of State t. Kerncr, and the
court maintained that the act was a.t
infringement on the constitutional right
of a citizen to bear arm a.
Court's Opinion.
The opinion of the eourt in the power
company case written by Justiea etsey
' follows:
, "This is a controversy pending in the
Superior Court of Guilford county
wherein the plaintiffs filed petition for
writ of mandamus praying that the
defendant be required to furnish slee-
trie current and power to,, the plain
tiff, the North Carolina. Publie Service
, Company,, through it aub-ststlons at
; wreensuoro ana .aiga rain w
operating tho street ear line in both
of said cities and for tha use and bene
fit; of tha municipalities -and the citi
aana thereof for light and power as is
now being furnished.
"In ant time the defendant, observ-
lag the requisite formalities, filed a
petition for removal of the cause to
the district eourt of tha United 8tates
for the Western District of North Caro
lina. Thia motion for removal was de
nied and the ruling waa affirmed on
anneal. Tha defendant then filed an
answer to plaintiff'! petition, joining
issue on the merit of the ease.
"Thereafter, plaintiffs applied to the
eourt below for a temporary injunction
as ancillary to the original proceedings,
which waa granted and made returnable
at Greensboro on 14th December, 1920.
' Prior to said return data the defendant
filed a second petition and bond, again
asking that the ease be removed to
the Federal Court. Thia waa denied and
defendant save notice of appeal.
"Plaintiffs then moved for judgment
n the pleadings which was allowed.
Defendant accepted and appealed.
"Brooks, Sapp Kelly for Publie
Service Company.
C. A. Hines for Oity of Greens
boro.
"Dred Peacock for City of High
Point.
"Canster ft Cansler. Broadhurst A
Cor, W. P. Bynum and W. S. 0"B,
Bobinson, Jr., for defendant.
"Stacy, J. This ease waa before the
eourt fet a former term and is reported
t,M vi ...iv i
in 180 N. C, 335. The single point
presented for consideration at that time
wealths mooted Question of the de
fendant'a right to have the case, as
then instituted, removed to the Fedoral
Court for trial. The decision en toe
first appeal was adverse to the de
fendont's contention and has now be
come the law of the ease, so far as the
State courts are oeneerned, unless the
condition of the pleadings has been so
changed as to affect the nature of the
original suit. Fritilan t. Boatmans'
Bank. 212 XI. 8- 364. It is well set
tled and not disputed that a ease, non
' removable in character wnen com
meneed. may become removable there
after at a later stage. Great Northern
Railroad Co. v. Alexander, 246 IT. S,
176: Avers v. Watson. 113 U. rJ., BSM;
- Powers v. Chesapeake and Ohio By. Co,
169 TJ. S., 92. ,
. "Tha defendant's initial motion for
removal was denied upon the ground
that a proceeding la conformity with
the State statute, rer a wru or man.
damua was not a suit of a civil nature
at law rr in equity, which could be re
moved from Bute to Federal courts.
A direct authority for thia position is
to be found in the ease of JKoseoDaum
v. Bower. 120 U. 8.. 450, where it
stated in the syllabus, 'An original
proceeding for a mandamus is not a
suit of a civil nature wuntn ine mean
lng of the removal act of March
1875. and is not removable.'
. "The defendant's second petition for
removal omenta the Question a to
whether the plaintiff's application for
a temporary injunction, aa an ancillary
remedy, works such a change in the
original proceeding as to bring it with
in tha terms of the Aeta of Congress
makinc it removable to the Federal
Court. W concur in tha judgment of
His Aonor below that it does not
Freeman vs. Howe 65 XT. S. 450. . .
"Tha application for tha restraining
' order waa mid in thia cause and is
merely aaeillaiy, incidental and auxll
' Jary to the original suit, It purpose
Continued a paga three)
r . ;
New, Off ipera Raleigh Rotary Club
v ' - " : ';::::): . ' 1
'
', I v x
: II
H. H. Brimley, Curator of Stat
Museum, elected President Baleigh
Rotary Club yesterday.
OPTIMISTIC MOOD
.
The Convention of Dealers in
Greensboro Hears of Con- ,
ditions for Better.
Greensboro, May 11. Speeches by
President W. J. Holt, the report of A.
B. Craig, of Charlotte, freight auditor,
and an address by B. W. Hatcher, of
Millcdgeville, Ga., on "Excess Profits,"
together with an automobile rid over
the city, followed by s barbecue served'
by 'the Chamber of Commeree .at the
Battleground this afternoon, constituted
the features of the second dsy of the
17th annual convention of the Hardware
Association of the Carolines.
The convention hall was crowded
when the meeting waa called to order
by the president. The first thing on the
program was the annual addresa of the
president. Mr. Holt spoke of the work
accomplished by the organization the
past -year and also gave a brief review
of the changed eonditiona that now eon
front the hardware man.
Mr. Holt is desirous of- increasing the
strength of the organization as much
as possible because he believes that it
baa accomplished much for its mem-
In his address fc pointed out some
of the pitfalls that now face the hard-
wax men, warning them to pick their
HARDWARE MEN IN
stop, with, ears. . He is of 11:
thatth' worst Is over' and thi
country will soon set itself right.
Secretary Dixon read his report sad
at times digressed to make a few re
marks. He announced the names 4f a
number of firms which have recently
joined the association. He impressed
the members of the association with the
fact that at this time a number of
fraudulent schemes are being tried
on hardware men.
A. B. Craig, of Charlotte, freight audi
tor for the association, read his re
port, which was later adopted by the
unanimous vote of those present. W.
B. Hatcher, of Millegesville, Ga., a
member of the board of governors of
the National association of retail hard
ware dealers and a prominent hardware
man of the South, addressed the meet
ing on "Excess Profits."
Mr. Hatch then spoke of the great
changes that have taken place since the
time that he last attended a convention
of the association it Asheville 10 years
asro. He recounted the war and its
effect and then spoke of the time ira
mediately after the armistice had been
signed when money seemed to be the
god after which all were aeeking. Prices
were high and business was unsettled,
he declared. Men thought the country
could not eome back to normal in even
a few years, but now the' change has
been effected and prices are falling.
After Mr Hatcher had eoneluded, the
question box was opened and many
questions pertinent to the avocation,
were discussed. The sumptuous barbe
cue st hs Battleground proved to be
a mow enjoyaoie event.
The hardware show is attracting mueh
attention. Hundreds are visiting the
show rooms daily to inspect the several
thousand pieces of hardware. It is de
clared one of the most complete shows
ever put on in the Month,
Gallant Work of U. S. Destroyers
in Guarding Crowded Troopships
BY JOSEPHUS DANIELS
Former Secretary of the Navy 111 t
Mil
Making its way across the North At
lantic, a convoy of troopships waa, still
nearly 600 miles from land when a
fledgling army officer who was making
his first trip serosa remarked: "All you
ean hear about nowadays is the navy;
the navy this, the navy that; but as far
as I can see, ths navy is not doing much
inthUwsr'
One of the civilians in the party rose
to his feet, pulled out his watch, and
said: "In ten1 minutes six United Htates
destroyers will meet thia convoy.''
"What are jou talking about t" said
the officer; "how do you knowt"
"Well, returned ths civilian, "it is
now 4:05 o'clock. Ths destroyers sre
ordered to meet this convoy at 4:15 pjn.,
and they will be here."
The party went out 6 1 deck to watch,
and to the minute, at 4:15, there hove
in sight six destroyers. Swinging into
line on esch side of the convoy, the
saucy little vessels, heaving foam and
spray from bow to stern, spanked along
through the heavy seas.
"Good heavens l"'exelaimed ths offi
cer, "if the little destroyers esn eome
500 miles to sea in any kind of weather,
keep- their schedule and locate eonvoy
on the dot, I will believe anything I
hear regarding the navy.
Vackbos of Convey System
That story was told m by a msn whe
was on that transport, and nothing exrald
betUi iUnrat ths sffielsney of ths
H. M. London, Stat Legislative Bef-
erenee Librarian, elected Secretary
Botary Club yesterday.
Threatening Weather Does Not
Mar Presentation of Hali
fax County Product.
v
Weldon, May 11. The elouda which
lowered heavily thia morning broke
away about 10 o'clock and the crowds
began pouring into Weldon by railroad
trains and automobiles to witness the
pageant of Halifax county, given her
today by the Schools of the county
under the direction of Miss Annie
Cherry welfare supervisor for the
county schools. The pageant was post
poned from Friday. May 6th, until to
day on account of weather conditions
and was looked forward to with, mueh
interest by all.
The staging, was to have been on the
beautiful green in East Weldon, where
a natural amphitheatre rises from the
stream of little brooklet and reaching
to tha top of the hills on the outskirts.
This would have been an ideal place for
the performances but about 12 o clock
a heavy thundercloud with rain caused
the adjournment of the crowds ,to the
graded school building, where all found
shelter from the storm.
' After the rain stopped and the crowd
found to be too large for the large
auditorium of tha graded school, it was
PORTRAY HISTORY
II GREAT PAGEANT
mi: .r'". -.tt. ,rr." . .
ai ths school building. This was suc
cessfully earned out and it proved to
be a magnificent production interest
ing, instructive snd beautiful. The
theme of the pageant was "Ths Spirit
of the Boanoke" centralizing around
the Boanoke river with its strong snd
mighty current flowing out snd on
ward ever reaching for broader and
better things.
Tho spirit of the waters was portray
ed by Misa Annie Lee Stafford and
portrayed the history of the county
from the daya of the aboriginal Indians
through the eolonial period, the days
of the Bevolution on to days of the
War between the States snd up through
the World War to present day eondi
tiona. The Spirit of the. Waters with
her dancing spirits outlined esch
period as it was successfully portrayed
first the Indians holding their powwows
under the leadership of Big. Chief
Black Feathers and smoking their pipe
oi peace witn the pioneer settlers ss
they came in sorrowfully bidding fare
well to Alorolock (Roanoke river).
Then the revolutionary period show-
ing the first constitutional convention
held in Halifax, picturing Willie Jones,
Cornelius Harnett, Gen. Wm. B. Davie
and many others of that period. Bev.
L. D. Hayman of Weluon, taking the
part of Cornelius Harnett as he was
carried around the courthouse square
on the shoulders of ths enthusiastic
colonists.
The next group showed the denartura
of the Continentals from Halifax the
occupation by the Bed Coated British
under Col. Tarleton, bringing in many
iamous enaracters or tnat day.
Then the visit of Lmfaratte tha eal
brated ball given in his honor, the
(Continued on page three)
splendid greyhounds of the sea. They
went out and stayed out in all kinds of
weather, per fo fining their dutiea in sua
and atorm, guarding troopships snd
esrgo transports, liners and merchant
vessels keeping open the aea lanes for
toe now of troops, munitions, and com
merce. They were the backbone of the
convoy system, for they were ths escort
through the danger zone.
The deadliest foe of ths submarine,
ths very presence of destroyers wsa
usually sufficient eausa for the U-boat
to submerge snd scurry awsy. - For
every submarine encounter there were
a score of submarine avoidances. Vet
our destroyers in European waters were
credited with L56 attacks on' U-boats,
snd there wers not a few exeiting en
counters.
In all the annals of the war there is
no more striking- example of prompt ac
tion and quick results than th.it of the
Fanning; and Nicholson on November
17, 1917.
Gets Gliai pee ef PerUeops
These destroyers were escorting- a eon
voy in British waters when, at 4:10 p.m.
Coxswain Loom is, lookoit on ths Fin.
ning, caught the gliiit-of periseope. It
waa a finger periscope, a tiay thing only
aa. inch and a half ia diameter, no
larger thia a walking stick. It was lift
ed for only a few- seconds, but ths keen
eyes of Loomia' etaght a glimpse of it,
snd hs estimated its distance and loca
tionthree points the port bow, vK
' iCsntiaasd n Pag Twelve-J
HE OF
TRI PARTITE PLAN
Glenn ,L Plumb ' Explains. His
nan oi-Managing Hoacn
jor.we Public.:, it ,
V
SPEARS TO BID. CROWD M
, IN AUDITORIUM HERE
Tells How Capital, Management
and Labor Would AD Be 'Di
rected to Effect!) function.
iflf . of ; tbe Transportation
System; niuttratee Present
Dilemma of Soads.
Msnscement of the. railroads ef
America, not for ths two million men
who operate them, not for the few
hundred bankers who exploit them, but
for th on hundred million Ameri
cans whose tribute is the life blood
of Anieriesn industry was the Plumb
Plan that its author, Glenn E. Plumb,
presented to an audienes of 1,500 peo
ple st ths City Auditorium last night.
Tri-partit administration, wherein
eapitai, which provides the tools
wherewith to work, msnagement, which
provides the ingenuity of adminis
tration, and labor, which provides the
biswn of operation, combined and di
rected toward the one end, effective
functioning of the circulatory system of
America's businees life each having
common responsibility, was th sum
ming up of ths speech.
Ths dilemma of ths railroads, the
foundering of a great industrial craft
through ths exploitation of the eapitai
of th great maaa of the people, and
compulsion that forced labor into the
role of merchanta, selling their energy
rather than working as God intended
them to work waa outlined as the pro
logue to the enunciation' of the plan
evolved by Mr. Plumb.
Iatrodnceol By Clark.
The speaker was introduced by Chief
Justice Walter Ulark, of the rtortn
Carolina Supreme Court, who heralded
him aa th author of a new declaration
of independence, and a man whose
nams would go down beside that of the
man who had written the document
that mad men free politically as they
will be made free industrially under
the new conception of th responsi
bilitv of industrial prosrees.
Mr. Plumb might vory well be taken
for a plain business men. , H looks like
that, aadyspcaxs nee xuetcvjat Trace
has a trtmendous carrying -pwwei
aw uuoww" T ii,
rug ensuy ana unnnuHm w,.
ef a natural orator. H spoke without
any attempt at oratorical effect,- oat
held his -audienes closely wrapped in
attestion for mors than an hour and a
half. Ho wss cheered frequently.
He was glsd to be in Baleigh, he said,
after Judge Clark had presented him
and he bad asked the assistance of
Chariman McMahon in clearing away
the flag-draped table and a mass of
potted plants that stood between him
and th audience. It had taken him 25
hours to explain the Plumb plan to
Coneresaional committee, without even
soins into ihe dilemma of the railroads
but hs was governed by the intelligence
of his audience. He thought an hour
and a half would bs enough for a Ka
(Continued on pags three)
MUCH OPPOSITION TO
WELFARE DEPARTMENT
Senate and Honse Education
Committees Begin Hearings
; On Proposition.
Washington, May 11. Indications
that the proposal to create a Depart
ment of Publie Welfare will not have
smooth sailing through Congress were
furnished today at initial hearings by
Senate and House education commit
tees on the pending Kenyon bill, which
embodies the principles of sues s de
nartment as endorsed by President
Hardina- snd as worked out at his di
rection by Brigadier General C. E. Saw
yer, his personal physician.
General Sawyer, who appeared to out
line the proposal, was subjected to ex
tensive Questioning by members of the
two committees, who wanted to know
if the consolidation of the educational,
social and humanitarian bureaus of the
government would not dad to the nura
ber of government employes and to gov
ernmental expenditures. The President's
nhvsician. in reply, contended thav
through elimination of duplicatioa both
the number of employes snd the expense
would be reduced snd promised the com
mittee figures to substantiate his asser
tions.
The most pronounced opposition, how
ever, eame from supporters of the pro
posal to establish a Department of
Education. Bepresentative Towner, Be
publican, Iowa, anther of the Depart
ment of Education bill, argued that the
educational forces of the eountry would
not be satisfied with a division of edu
cation in a Department of Publie Wei
fare. General Sawyer, on the other
hand, declared that many leading edu
eators had endorsed the proposed Publie
Welfare Bureau and those that would
not fall in line evidently did not have
the best interests of education at heart.
Cash WaiU for You
Good, cold eash is waiting for yon
to walk up and take it, if you ars
only alivs to your opportunity.
Follow the directions below and
you will collect a neat roll of green
backs for your Summer vacation.
Make an inventory of ths discard
ed, usable s rticles of household ass
in your attic
Put a price os them.
8nd this inventory to this news
paper in the form of a Tor Sale"
Want Ad.
That's all there js t it, snd it
works like a ehsrm.
Phone 127 our Want Ad Man will
gladly call for your ad.
GIVES DUTL1
OFRUNNING ROADS
LITTLE DOUBT OF
CONFIRMATION OF
BLAIR BY SENATE
our Strikes For Twin City Man
Today With Every Pros
. pect Favorable.
JOHNSON CAN MUSTER-
BUT LITTLE SUPPORT
John Motley Morehead Stays
On Job in Washington to Put
North Carolinian Over;
Plenty of Support Offered;
General 0 art's Candidacy
Meets With General Ap
proraL .
The News snd Observer Bureau,
603 District National Bank Bldg.
By EDWARD B. BRITTON.
(By Special Leased Wire.)
Washington, May . 11. The elock
strikes for Dsve Blair in the morning
in what now appears the hour that will
settle his fats for confirmation as com
missioner of Internal Bevenue, and Mr,
Blair waits the hour with a confident
feelins- that the Senate Finance commit
tee will make a favorable report on his
nomination, and when it gets to the floor
of the Senate, appears now no doubt
but he will be confirmed, for it's not sup
posed that Senator Hi Johnson, his
sworn foe, ean succeed in a one man
filibuster and not even aueeeed tn kill
ing off Mr. Blair with the small sized
following that will answer his trumpet
call to the firing line.
Here for the hearing before the fi
nance committee is National Committee
man John M. Morehead, of the Repub
lican committee, who haa remained in
Washington since last Saturday
strengthening hia lines for the fray. Tf
him and to Dave Blair have eome many
assurances of support, piles of letters
snd telegrams being received by Mr.
Blair with offers of holp and with
statements that the writers are ready
to eome to Washington to give sid if
their presence is desired.
Plenty f Bspsort For Blair.
Among ths members of the delega
tion which esme from North Carolina
to urse hia appointment upon the Presi
dent waa Stuart W. A. Cramer, of
Charlotte, who bulks large in the cotton
manufacturing world, and hs is now in
th city, it beine understood that be
has been doing things to .nd. in the
Blair -aonfirmal ion.
And in add.UoM there are nov In
Washington a number of New York
srir of Davs Bleir who sre using
1 Uieir influence in siding him to defeat
Senator John so a 2n the attack that he
has mad. SoaMor Johnson, on the
other hand, has tt-en collecting all the
ammunition that he ean locate and will
push the fight. But from all the de
volopmenta that I have been able to
get at there seems to bs no doubt but
that Mr. Blair will finally win out.
Favor Carr'a Candidacy.
North Carolinians, who come to Wash
ington tell me, that there is a general
feeling throughout North Carolina fa
vorable to the candidacy of General
Julian S. Carr for the Democratic
nomination for Congressmaa-at-large
from North Carolina if -there is one
additional member of the House of
Representatives swarded the State in
the reapportionment of representatives
oa the basis of the 1920 census. They
tell me that the feeling is that General
Carr has given such ample party ser
vice in sll ths years of his activity
for the party and fur the State that he
deserves the full support of the people
of North Carolina and they believe ho
will get it when the time comes.
Will Help The Democrats.
Comment here lost night and today
is 5 executive orders issued by President
Harding affecting postmasters of the
first, second and third class in its ef
factual working will make the path way
easy for Republicans to succeed Dem
ocrats now holding down postoffice jobs,
and a number of Democrats express the
opinion that the result will be to
strengthen the Democratic party, their
reason for tnis being a one member of
Congress told me.
I"t is sometimes the ease that Demo
crats holding postoffice appointments
gained during Democratic administra
tions, when retained under Republi
can administrations, take things too
essy while they are on tho pay roll and
let it go at that. When they are forced
ut of . the office then they get busy
aiding the party to get bark into
power. That gives an increased work
ing force to democracy. So I consider
it a good thing for the Democratic
party when such postmasters are off
the job."
Lall la Jadreahip Fight.
A stillness has fallen hereabouts
concerning the appointment of a sue
eessor to the late Judge Pritchard. No
new delegations have seen either the
President or Attorney General Dough
erty lately, and as to North Carolina
the delegation that was to have eome
from Asheville to urge the sppotint
ment of J. J. Britf has not yet put in
their appearance.
There is talk that the wait is due
to the hold up in the confirmation of
Dave Blair as commissioner, that
North Carolina applicants are waiting
to learn what happens to him. If he
wins there is a feeling that North
Carolina will not get the judgeship.
Senator A. D. Stanley, of Kentucky,
his aeeepted the invitation extended
him by Mr. W A. Hunt, of Henderson
president of the North Carolina Bank
ers' Association snd T. A. TJixell of
New Bern, secretary and treasurer to
deliver an address at the annual meet
ins of the association in Greensboro
May. 24th.
Seearaa Paasnert For Sister.
- A- Weinstein, who conducts a largo
department store in Lumberton, was
here today arranging with the State
Department for a passport from Lithu
ania to this country for his sister sad
three children. There bad been some
delay in bavins; this matter stratight
saed out st Bigs, to which his sister
had sons from ber home with her
(Continued on p - three)
EMERGENCY TARIFF
PASSES EN SENATE';
BY GOOD MAJORITY
"VIOLENT WIND AND HAIL
STORM DOES DAMAGE IN
CEORGIA'S CROP BELT
Mscoa, Ga May 11. A violent
wind aad electrical atorm, accom
panied by rain aad hail, awenj ever
Georgis today. Wires sre down la
sll directions sad It wss Impassible
tonight t estimate th damase.
At Taomaavill this afternoon
Ughtalag strsck a tree on th golf
dab coarse aader which s asmber
sf caddies had sosgfct shelter. Ons
err waa killed aad several ethers
bsdly lajsred.
Angusts reports said hall the also
sf (nines eggs fell there, breaking
say windows.
At Hampton, batweea Atlanta and
Griflla, tws Inches sf kali waa re
ported, with hail sll ths wsy from
Atlanta to Macon sn that division of
ths Central sf Georgia.
At Cordele, sn th Georgia, Soath
rn aad Florida, rainfall sf almoat
cloudburst proportion wss reported.
Oa the seathwestern dlvmlo of th
Central of Georgia which ran
thraugh ths peach belt, sll wlrsa
were dows, bat trsla crews coming
through reported high winds, heavy
rai a and soma hall.
Hsll fell here this morning sad to.
night the elty waa hit by a heavy
rala aad electrical storm.
Unconditionally Accepts Terms
Laid Down in Ultimatum
of Entente.
London, May 11. (By ths Associated
Press). Germany s unconditional Be
eeptancs of the entente reparations ul
timatum was delivered to Prime Minis
ter Lloyd George by Dr. Sthamer, Oer
man minister to Greit Brfitaln, here
today.
Mr. Lloyd George announced in tha
House of Commons this sfternoon
Germany's complete acceptance of all
the Allied demands. Hia announcement
waa greeted with prolonged eheering,
Dr. Btahmar handed the German re
ply to the Prims Minister at 11
o'clock, this morning and Mr. Lloyd
Georg immediately telegraphed ths
news to sll ths governments concerned.
Text of Reply.
Ths text of the reply, as delivered
to ths Prime Minister, began as fol
lows: "Mr. Prime Minister: In accordance
with instructions just received I am
commanded by my government, in ac
cordance with the decision of the
Reichstag and with reference to the
resolutions of the Allied powers, of May
5, 1921, in the name of the German
government to declare the following:
"The German government is fully
resolved, first, to carry out without re
serve or conditions its obligations as
defined by the reparations commission."
"Second, to accept and carry out
without reserve or condition the
guarantees in respect of those obli
gations prescribed by the reparations
commission.
Third, to carry out without reserve
or dolay the measures of military, nn
ral and aerial disarmament notified
to ths German government by the Al
lied powers in their note on January 29,
1921, those overdue to be completed at
once and the remainder by the pre
scribed date.
"Fourth, to carry out without re
serve or delay the trial of war crimi
nals and to execute the other unful
filled portions of the treaty referred
in the nrst paragrapn or ine noi ox
the Allied governments of May S.
"I ask the allied powers to take
note immediately of this declaration.
(Signed) "JSTHAMTR."
Mr. Lloyd George, in giving the
terms of the reply to the Commons,
said:-
"This is complete accepts nee of every
demand"
MARION BUTLER ONE OF
WITNESSES AT HEARING
Washington, May 11. Marion Butler,
former North Carolina Senator, is to
appear tomorrow before the Senate
finance committee as a witness in the
fight being made by Senator Johnson,
Republican, California, against fienate
confirmation of David II. Blair, of Winston-Salem,
N. C, nominated to be In
ternal Bevenue Commissioner. lie ia
cipected to testify regnrding the North
enrolina primary last June and Sena
tor Johnson's charge that Mr. Blair, as
a delegate to the Chicago convention
violated the primary.
The finance, committee also will hear
further testimony and examine records
to be presented by income unit officers
regarding the income tax caso involv
ing J. W. Cannon, Mr. Blair's father-in-law,
and Mrs. Blair. It was indicated
tonight that the. committee would con
elude its work and probably vote its
recommendations regarding confir
mation tomorrow. .
BAYLOR WINS DEBATE
FROM WAKE FOREST BOYS
Chattanooga, Tcnn., May 11. In a
debate between Baylor University,
Waco, Texas, and Wake Forest -college,
Wako Forest, N. C, here tonight en tlio
question of the nomination of president
and vice President candidates of the
several ' parties by a national direct
pirmary, Baylor was givT an unani
mous decision of the judges. Th Bay
lor team. .Which championed th affir
mative, was composed of D. H. Heard
and Georg D. Lyson, while ths Wake
Forest speakers wers James T, Hogs
od All I Goodrich. . ,
GERMAN REPLY IN
HANDS OF ALLIES
Measure ; Ai Approved by Sen
ate Diners Radically in form
in Which it Was Put
Through tho House. ;
. 11 ni' mm ., t
SEVEN DEMOCRATS JOIN
REPUBLICAN MAJORITY
IN SUPPORTING MEASURE
All Amendments Eecommended
By the Senate Finance Com.
mittee Retained, But AH In
dividually Proposed W r
Bejected; Democrats At
tacked Measure for T ir
Honrs Before Final Action
Was Taken; Anti . Dumping
and Currency Revaluation
Features Included; Hot fight
Over Provision to Continue
Wartime Restrictions on Inu
ports of Dystuffs Com
modity Rates of Duty.
Washington, May 11. Ths Sensts 1st
today passed the emergency tariff and
anti-dumping bill, retaining all amend.
ments recommended by the finance com.
mittee, but rejecting tho individually
proposed. The vote was 53 to 28.
Sevea Democrats (Senators Brous.
sard, Louisiana; Jones, New Mexico f
Eendrlck, Wyoming; Myers, Montana f
Pittman, Nevada; Bansdell, Louisiana,
and Sheppard, Texaa voted with th
Republicans in passing; ths bill, Aa
other Democrat, Aahurst, Arizona, whs
wss sbsent, wss snnounced as a sup
porter. Only ons Bepubliean, Senato
Moses, of Now Hampshire, voted against
ine Din. -
Differs From Hons BIT!
As paased by ths Senate, the msasor
differs radically from ths form in whisk
it was passed by ths Houss early la tha
extra session and now goes t sonf sr.
ence. Only the tariff features ( thsV
bill war kept 'intact, ths anti-dumping
and currency revaluation sections ben
ing entirely re-written aad ths provi.
Ion sddsd for continuation of ths war
time restrictions oa, imports sf dye
stuff. - - -
Action by th Senat esm st ths a
of Ivs hours st driving- attack by Dam.
ocratie leaders. Th latter,1 however,
were not alons in their attempts ts
amend the measure, for several Repub
licans mad efforts to broaden its scop
only to ses their amendments meat th
same fats ss thoss offered from ths
minority side of the chamber. All wsrs
swept ssids by practically ths
vote.
Democrats Lsunch Attack
Late in the day ths Democrats
eontratod on the committee sdditioa to
the bill providing for continued federal
control of dye importations. Senators
charged frequently that ths sntsad
ment, which was submitted to th com.
mittee by Senator Knox, Bepubliean,
Pennsylvania, would create a monopo
lists control of the dye industry and
turn over the consumers to ''the wishes
and will of one man." A roll eall left
it as s part of the bill by the vot of 81
to 5.
Senator King, Democrat, Utah, wsa
not- content, however, snd mads an
other effort to striks out the dye pro
vision just prior to ths vote on psssags.
That failed also. f
The Utah Senator, after passage of
the measure, announced he would offer
a resolution in the Senate soon to in
vestigate the monopoly, which hs said
existed and had now been permanently
intrenched by the Senste's action.
Amendments Rejected
There were successive attempt by"
some of ths Democrats who favored th
measure to increase rates on particular
commodities. Senator Ashhurst, Demo
crat, Arizona, made a particularly hard
fight to raise the rate on long-stapl
cotton from 7 rents ss fixed ia ths bill
to 20 cents. His smendment was re
jected, 74 to-7. Senator Jones, Demo
rrnt, Jtew Mexico, sought to hav ths
hill include hides within the scops of
its protection and drew forth the lsrg.
est voto favoring the change that was
recorded on any amendment. It wss
defeated, however, 38 to 4t.
Provisions of BUI
The bill as passed by the Senate pro
vides the following commodity rates of
duty:
Wheat, 33 cents per bushel; wheat
flour snd semolins, 20 per cent ad valo
rem; flaxseed, 30 cents per bushel; corn
or maize, 15 cents per bushel; beans, S
cents per pound; peanuts, 3 cents per
pound; potatoes, 25 cents per bushel
onions, 40 cents per bushel; rics,
cleaned, 2 cents per pound, with' gradu
ated lower rates for uncleaned or ua
inillod rice; peanut oil, Za cents pes
gallon; cotton seed, eoeoanut and soya
bean oils, 20 cents per gallon,
BRITTON NAILS MASONS
ON PARTISAN MEASURES
(By The Associated Press)
Washington, May 11. A "solu
tion propoalag endoraement of Pres
ident Harding aad his administra
tion, offered by Roe Fulkersea, of
this city, waa sent hack today to
the reaolutions committee of which ;
Falkerson Is chairman by th Na
tional League of Masonic Class, la
sessloa here, having been attacked
from tho floor by Edward B. Brit,
ton, also of Washington, ss ssasibly
of s political character. Adoption of ,
such a resolution by aa .organiza
tion composed of mea of different
political faiths, Mr. Brlttoa Urged,
might break ap tha Lsagns sad
bring action by ths grnnst lodge.
The Convention adopted s reSols- ,
tloa urging Masons to sesd their
sons to army training cams for
cltlseas oven Mr. Brltton's protaat,
th latter urging that thia, alas
n-as political la character, v j