Tartly closdy Saturday 1
tal thaaderstoraia Satarday
r 8aaday cooler Bandar.
RALEIGH. N.: C, SATURDAY MORNING, JUNE 4.1921.
TEN PAGES TODAY
PRICE: FIVE CLuJ
TEN PACES TODAY.
HARP!S0ri VAf ITS -PiEIIDIIITS
HO
Mississippi art Thinks Confeder
. ate Constitution Might Be
UsedAsModel j
PROHIBITED' PROTECTIVE
TARIFF FOR THE SOUTH
leader Tribute Paid Confeder
, at Soldiers at Dedication of
. r first White House of Con
federaoy In Montgomery;
Precious Shrine Set Apart By
Women vv -
Montgomery, Ala, June 3. Amend
aunt of tka Federal eonttltutioa t eat'
- body aoma of the principle set forth
ia tka constitution of tka Confederate
States would brlaf mhay - seeded re
forms. Senator Fat Harrison, of Missis
sippi, declared here tonight at eere
noniea concluding tka reopening aad
dedication of tka firat White House., af
the Confederacy.
"What a needed reform would be
wrought,, said Senator Harrisoa, if
the Congress and tha statea would to
day amend the Federal eonstitotioa aad
follow tka principles .enunciated ia tk
Confederate eonstitutioa extending tha
term ef tr-e President and Vie Presi
dent to ywn nnd making them
ineligible fot rc -s'.urtlon..' What aa
economy it would cCeTt aad what a see
ing to aha taxpayers of tha country If
that part tof tha Confederate constitu
tion could be adopted by the. Federal
government requiring a two-thirds rot
pi tha Congress ta mace reaerai ap
prbpriations.
Prohibited Protective Tarlf '
"And. oh that aoma of ear present-
day Democrats who ia tkeir selfish de
sire to enrich a few at tka expense of
the many, protect one section to the
. detriment of another, who have joined
tha ranks of those who believe ia a
protective tariff, would read and mem
orize that part of the Confederate con
stitution that condemned ia the Strang- j
. est possible language a protective tariff
and unanimously laid down the rule
that tka passage of any suck law was
forever prohibited by tha Confederate
' Congress.
Senator Harrison, who made tha prin
cipal address at tha dedication a a
shrine for the Old South of .tha mansion
in Which Jefferson Davis lived during
the early days of tha Confederacy, paid
high tribute to Davis, asserting that
"Jefferaon Davis is truly the- Oliver
Cromwell of America". ...... , .
Xo American as been ao little n
Urttoo4 and so maliciously aiisrepre-
" seated aa Jefferson Davis,' Senator
V Harrison continued, adding that the im
prisonment af Davis la Fortress Hon-
. ro "ia only execoded in debased mock
' ry by ana incident ia tha annals of
history, aad that tka crucifixion of tk
lowly Naiarene.'
Tha Mississippi Beaatos described as
a "fatal blunder" tha removal of the
capital of the Confederacy from Mont
gomery to Richmond.
"Left ia Montgomery," ha added, ,sit
would hava compelled the enemy to op
erate from a distant base of supplies,
upon lines of communication 800 miles
long, while it would have liberated to be
' used as tk occasion demanded, a mag-
anifleent army which was constantly re
quired for the def ens of .Richmond."
High tribute also was paid by th
speaker to th survivors of the Con
federate army gathered her to honor
their leader. -
Praises Glories af Seath.
"Men of the gray aad womea of the
sixties," said Senator Harrisoa, ad-
dressing them, "by your magnificent
axamolea of devotion aad bravery and
sacrifice, you mad humanity better.
. Br the Qualities and virtues you ex
hiblted ia that great struggle, patriot-
Jsm was made mora sublime, and let me
say to you fear not that ia this ma
terislistia see th children of the South
will ever forget the principles for
which yon suffered aad tha priceless
heritage that you have given us. We
aad our children will revere the spirit
f vour service and devotion. .We will
remember that your marvelous aelf-
ahnamtlon. heroic sacrifice, and an
yielding patriotism is the moat glorious
Icmcv with which tha south is
endowed."
"I never' want to see tha glories of
th Soath forgotten in the maelstrom
af . industrial strife," said Senator
Harrison. "I never want to sea th
principles for whiek our fathers sacri
Seed, supplanted by a yielding to the
commercial exigencies of tha hour. I
never waat to sea th shrine that was
built by our splendid men aad noble
womea torn down and ia its stead one
- erected ta the God of Mammon. Th
sentiment af tha South it too dear ita
heritages too priceless, its sacrifices
too treat, its principles too precious
and enduring to be bartered, however
larta aad alluring the price. The eon
vietioa of the mea for the right who
' moulded tha destinies of the South is
' dyed in blood too pure to ever fade.
- tke causa .for which they suffered was
too iust and too righteous for its ehii
drea ever to suggest excuse or offer
' apology."" '
- fftrias af Confederacy.
Th first white house of the Con
federacy, one of - tha moat precious
shriaes af "ths Lost Cause" was dediea-
. V . . 1 M . V 1
tea here xoaay oy tne eons aniiauga-
.. tors of '.Dixie. ,- : r e;
Ora- clad survivors of the heroic
host which upheld tje eauao of the
Suoth for four years were ia th throng
. which eama to tha first capital, of the
Confederacy to formally set aside the
bom ia which Jefferson Davis ' first
too'; up his .abode aa preside -.t of the
Confederate Ststes of America. With
them sme their wives and daughters
-' aad sons, representatives or ths South
of th sixties and tha South of today.
Mea wka followed Lea and Jackson,
Joknsteaa. Forrest, 8tusrt, -and other
great geaerals of the Confederacy were
th most prominent of survivors wh
' gathered lre from alt tha ststes of
th South d front many of th ether
warn
THREB KILLED IN AUTO
. WRECK NBA TWIN CITT
Aa laceaniBg wmV' train frees
Roanoke, Va-, this evening attack a
rrd containing foar people at
cress lag aw the PeidmeeU (air
greaaaa. Th machine waa nrrecke
aad three paaseagera killed, these a,
lag Waltar aad ElUa Teaks aad Jen
Nona am. tke latter eelered.
Themea Tea. Brother ef Walter
aad ElUa badly Injared, waa rashed
la tka koaplUI. Tka foar an work,
ad la tear aad wora a roata ea
their baaaa a frw aillw Ja tka eeaa-
try. . . - .-
GROOM BYII.1
m
Some Friends of North Caro
linian Plan To Put Greens
boro Man On Bench .
.' a
Th News and Observer Bureau, .
. 603 District National Bank Building
. , By EDWARD E. BRITTON.
' (By Special Leased Wire)
Washiagtoa, June S-Judga William
P. Bynum, af ureensboro, la being con
sidered by President Harding for ap
poiatment aa a member of tha 8upreme
Court of th, United Statea to Bli the
vacancy created by tka death of Chief
Justice White. Th plan, according to
rumors ia official circles, ia ta hava
Justice McGenna appointed as Chief
Justice and for Judge Bynum to fill th
meaner thaa created.
Justice. MeKeana ia getting along la
years aad .cannot expect to kold the
position mack longer at best. But ths
understanding ia that ha will retire be
fore tha aad of tha Harding adminis
tration and thea Charlea Svaas Hughes
will be named as Chief Justice, This
would be ia keeping with tha ambitioa
of Mr,. Hughes and his many friends
who desire that he be returned ta the
hurbest tribuaai of tha land.
It is knawn that serious opposition has
developed against tha appointment af
former President Ta ft and friends af
tka President in the Seaata have inti
mated very atroagry that it win be
hard matter to have Taft confirmed
by the Senate if his nomination be sent
ia.
Therefore, according ta tka present
plans, one of tk older present justices
of tha Supreme Court will.be elevated
ta th chief justiceship aad Bynum, ar
aoma other new man be named to SU
this vacancy. Then Hughes eaa b
taken care of later pn ia tha present
administration. Hughes would be
named now but ft ia considered im
perativ that ba remain as Secretary af
State for several years because of th
important foreign situatioa which now
con fronts Amarica had tka entire world.
So far aa Judge Bynum ia concerned
ka is aot making any effort ta land tke
place but it la kaswa that certain men,
high ia National affaire at taa present
administration, including - President
Harding's personal Irraad, vou James
T. Darden,. Save discussed tne possi
bility of Bynum's appointment with tk
President.
COMMISSION TO OWN
TWO STONE CRUSHERS
Will Supply Crushed Stone for
Highway Building; Take
Orer Toll Roads
Authority was vested ia Chairman
Frank Pace by the State Highway Com
mission yesterday to build- twa rock
eruahing plants, one ia the east aad
another ia tha west, to produce stone
for the building of hard-surfaced roads
ia North Carolina. Bock will ba fur
nished to contractors and ta counties
working on State roads at eost.
Such a step has been contemplated
by Mr. Page for several months, par
ticularly ainea it has been loand dun
cult to obtain stone at times when
was most seeded - and at prices that
are advantageous to the State. Much
of the stone used in North Carolina
roads hss beea brought from Virginia.
Tka estimated eost of tha two plants is
about two hundred thousand dollars.
ACQUIT MADISON COUNTY
MEN OF MURDER CHARG
Asheville, June 3. After deliberating
two hours, tha jury trying tne ease of
Carl, Coy, Gay, and Gross Banks cf
Yancey County for the murder ot Bry
sen Hensley, his son Eugene Heaslay,
and daughter, Mrl- Prudence, Banks,
returned a verdict of not guilty.
FORMES GENERAL NAMED
AS CANADIAN GOVERNOR.
London, Juno 8 (By Tha Associ
ated Press) Tha appointment of Lord
Byag of Vimy, as Governor Goneral of
Canada la succession to tha Duke af
Devonshire waa announced officially to
day. Lord Byng first came prominent
ly into public attention when heeom-
manded tha attack oa Vimy Bidge dur
ing the World War.
GERMAN COURT ACQUITS
ARMENIAN STUDENT OF MURDER
Berlin. Juna 3. (By the Associated
Press.) Salomon Teiliriaa, the Armea
iaa atudent wha ia. March last shot aad
killed Talaat Pashs, former grand
vizier and minister of finance of Tur
key, was acquitted ia tka Assica Coart
here today.
IS Memhera af Craw Landed.
Mirfml, TIa-; Juke 3. Thirteen officers
and men comprising tha crew of the
schooner Mount Hamilton of Christiana,
Norway, were landed her this after
noon by rescuers after they had fought
for two hours a .fire .which finally
burned their ship ta tha water'a edge
seven miles off Cape Florida.
HILFORD CITIZENS WANT
; "LIVE MAN NAMED MASTER
MOfara, Caaa, Jaaa fv-Cititeaa
today forwarded a aetitloa ta Gar
araar Lake far tka apaafatsaaat af
a "lire" aaaa aa barbae Blaster far
tala district. :.v.
Tka Governor recently reaaaatat.
ad Aloasa Baras aa barber aaaater.
Barns kaa baea dead a year.
OR JUSTICESHIP
TO CONTINUE WORK
Senator Kenyon Bitterly De
nounces Management or
.j. Merchant Marine
ALL WOODEN VESSELS TO
BE SOLD BY OCTOBER
Salaries Paid Shipping Board
Officials and Employes Par
ticular Target for Iowa Sen
ator; Appropriation Provided
is $50,000,000 Increase
Orer Eonse Bill
'Washington, Jaua I. After hearing
deaaaciation af tka skipping board! for
ita management af tha Merchant Ma
rina by Senator Kenyon, Bepublleaa,
lews, and others, tka Senate today ap
proved a 175, ,000 ,000 deficiency appre-
priatioa for it and a lew hour later
passed tha deficiency appropriatioa bill
carrying .a total af 153,000,000. la
kluding tha shipping board Item.
in approving too appropriation, us
Seaata added aa ameadmeat offered by
Senator- Lenroot, Republican, Wiscon
sin, directing tha board to sell all
wooden shins by October 1.
The Board ia ita management of th
marchsnt marina was described by
Senator Kenyon aa extravagant, waste
ful and .."Tacking witk graft," Otker
Senators, including Posaereno, Demo
crat. Ohio, and Poind exter, B publican
Washington, also denounced it, but
Senators Edge, Republican, New Jer
sey i Joaes. Bepublieaa, Wasbingtoa;
aad ethers, while saying . there had
beea axtrtvanaca aad waste la the
past, argued that th new board aooa
ta ba aDDOiatad should not ba penalised
throueh lack af funds for mistakes
which were "water aver tka dam."
Salaries oaid shipping board officials
aad employes wars tha particular tar
get against which Senator Kenyon shot
his hottest invectives.
Estimating that shipping board oper
ations wera resulting ia a daily loss to
the coverameat of from aaoo.ooo to tV
000,000, Senator Kenyon declared that
unless theae expenses earn aa stopped
tha Amedieaa people wilt not stand for
this thing much longer,"
The Iowa Senator s charge aroused
tka Senate so that ia tha debat of twa
hour duration that followed half
dozen Senators were ea their feet at
the same tuna seeking aitber to da
Bourne tha board and ita administra
tion, or ta defend it aad ta plead for
tha approval of the T56O,00O appro
priation, a net increase a( fdowuuo
oral hta amoant given tha board by th
House. . . j -: ' i
Tha total increase in tha bill as
oassed by tho Senate includes 53,000,-
000 for varioaa items recommended by
tha appropriations committee and an
increase of 1 .260,000 added by amend- J
mcnts for Soldier hospital projects;
$500,000 for tha Speedway or Broadview
hospital at Chicago aad auuu xor
tha Dawson springs, Kentucky, sanl
tarium. Tha bill also includes $200,000
for prohibition enfodwmsnt.
DEBATE ON GRAIN EXCHANGE
BILL DEVELOPS IN SNARL
Washington, Juae S. Diseussion of
tha Capper-Tincher bill to regulate
grata exchanges before tha Seaata agri
culture committee today developed into
a snarl oa tha aubjeet of delegation of
Congressional authority to administra
tive officials. It culminated in the dec
laration of Senator Reed, Democrat, of
Missouri, that ha could not differen
tiate between government by an indi
vidual, board or commission, aad th
government of William It af Prussia.
The Missouri eenator aeuverea a
broadside sgainst provisions of the
grain bill, tha packer control measure
aad others which contemplate reposing
broad powers to make roles and regu
lations ia department heads or com
missions. It waa nothing short ef so
cialistic he said.
, Mr. Heed added that -all regulations
drafted under delegated power in the
nast had beea written "by doctor of
something or other." They always re
fuse to alter them, he said, "holding on
to ths first draft in tha tenacity f
their own ignorance."
Senator Norbeek. Republican, North
Dakota took issue witk Mr. Beed, do'
daring that ia delegating authority the
Congress merely was attempting to give
flexibility to its laws.
The commutes heard testimony today
aaarnat tha bill by B. U Hargla, presl
dent of tha Kansaa City Board of Trsdj,
who contended that changes proposed in
tha marketing system would limit the
market aad make price fluctuations
greater ia scope and therefore a menace
ta producers.
PFACF BY RESOLUTION
ENDORSED BY COMMITTEE
Washington, Juna 3. By a straight
party rota the Hoosa foreiga affairs
committee -reported today tha Porter
peace resolution, providing for termina
tioa of tha state of war betweea the
Uaited Statea and Germany aad Aus
tria-Hungary. Demoeratia members of
the committee opposed it aad announced
that their fight would be shifted to the
floor of tha House.
.Be presentatie Mondell, of Wyoming,'
the Bepublieaa leader, informed the
House -that the resolutioa would t
called up Thursday. Backed by tke
full Republican strength of the - eora
mittee. leaders declared it would be
adooted probably that day.
Oa tha proposal to report tha Porter
measure ta place at tne avaos resolution
repealing tha dec la ratios ef war, which
haa beea paased by tha Beaate, ua Ke
publicaa members af tha committee
voted solidly ia the affirmative. The
Democrats merely voted preeent'
Representative Flood, .Virginia, rank
ing Democrat, waa iastracted by minor
ity members to file a minority report.
Democratic leaders said there would be
almost a full party vote against tha res
DOUBLE BARRELED
REQUEST TO KEEP
ORDER At FACTORY
Fear of Trouble at One of Char
lotte Mills Sends Two Del;
egations To City
ASK COMMISSIONERS TO
SEE THAT LAW OBEYED
Mill Owneri Oblect To Picket
ing and ; Strikers . Protest
Against Carrying of Pistol
By Workers Within Mill
Commissioner Gives Advice
and Policemen Put On Duty
Charlotte, June S.--Thsre was 'soma
trouble today at tha Savona Mill which
resulted in a delegation of strikers and
officials of tha company appearing be
fore tha city commissioners to ask for
protection. Picketing of the mill haa
been going on because a certain par
eentage of the operatives are aot mem
bers of tha textile union aad did not
walk oat.
The mill ia said to employ about 200
people, aad it ia estimated that from
20 to 60 per 'cent remained ia the mill.
When tha picketing was ordered Thom
as McMahon, vice president of the
American Textile Workers, ho is here,
ittKd ' that the picketing would be
peaceful aad within the law ia that
moral auaaion but'ao phyaieat vio
lence would be used.
Both Sides Waat Protection
Tke officials requested that police
men be stationed about ths mill con
tinuously. They told of threats af
striken to dynamite the building, eut
the belting aad damage the machinery
and of efforts to intimidate workera.
The strikers protested against tha
carrying ef pistols by. workers within
ths mills, the use of profanity by over
seers and others and expressed fear
that unless those within the mills
eessed efforts to molest strikers who
had assembled out side the fence eaelr
dine the company property trouble
might occur.
.-Tha company official claimed that
several mea were gathered about tha
mill whea the workers reported for
duty this morning aad that twa ar throe
e lashes occurred. They charged that
peaceful picketing was not taking place,
rather that strikers wera attempting to
ase shysieal fore to keep mea aad
womea from going into the mill. Con
aeoueatly the officials said, scvsral
worker failed te appear during the
'meraiag; ? rVv.- --'V
The strikers contended tnat tney naa
the privilege of remaining about th
mills as long as they engaged ia peace
ful picketing, and that employes or ins
mill had attempted to run them sway.
They placed the number gathered about
the mill at about 190.
. Haaercatt Ceaaaela Worker
Publis Safety Commissioner J. E.
Huaeyeutt advised tke strikers to get
away from the mill property. He sug
gested that they appoint a committee
to call at the home of the workers and
endeavor to get them to quit work, if
tho strikers desired suck action.
"But. tke workres will aot listen to
a committee," th strikers protested.
In that event Mr. Huneyeutt told
them they were at their row's end, aa
forceful methods eould aot be Inau
gurated to keep workers from engaging
ia chosen tasks.
The strikers would aot promise Mr
Huaeyeutt to disperse, claiming the
privilege of remaining about the plaee
aa lone as they did not go oa ths
company's property.
Mr. Hjineycut spoke to the delegation
for perhaps, IS minutes, advising tha
members to get away from the mills
aad go to their homes, contending that
nothing would be gained by congrega
ting about the mill. Any trouble which
might occur while they were about the
mill would be liable to create public
sentiment against them, adding that
"Boys, if, you get publi sentiment
against you, yon ars lost. '
Ta Ceatlaae Picketing
The strikers indicated the determlna
tioa to continue their "picketing" about
the mill, and asked that the commis
sioners instruct the 'polieemea to arrest
all persons found carrying pistols. They
contended .that they did not desire any
trouble during ths strike..
The commissioners Instructed Chief
Walter B. Orr to give special atten
tion to the situation and to arrest all
persons oa eiher side, found violating
the law. The strikers energea tnat
policemen failed to arrest two or three
persons whom they saw engage ia ua
lawful acta.
Policemen will be stationed at the
mill at intervals, during the hours em
nloyes arrive at sad leav the mills,
to insure tha malntenaae of law and
order, it is announced.
McMAHON OUTLINES VIEWS
OF THE STRIKING EMPLOYES
Charlotte, June 3. Thomas ' McMa
hon. vice-president of the United Tex
tile Workers of 'America, ssked today
(Contlaaed aa page fear.)
Increased Income
How to insure increased earning
power added income for the la
dividual or the household f
It's aa important question with
manr. and the solvinc of ths prob
lem mesas being alive to the op
portunities of the Want Ad Columns.
The Waat Ads point to shaaees
for gainful buying and selling rest
t hiri nil ell tha other es
sentials of home and business life.
The Want Ads lead to employment
. . . . . ,L.
ar spare tune ia exirn. wn'"ii u
renting of room, tho securing af
better Jobs, and many other ways
of supplementing ina income.
T insure greater resources, -
tfat Want Ads. .
m FPHniSIF. RATES PAST
IN NORTH
i
' The effect jf increased rates far telephoae service authorised by Ik
Corporation Commission ia shewn lav th following tablt, representing th
rates ia 1918, ia 1921, tha new rata aad th rata asked for by tha Telephone
Company for busiasw aed residential telcphoaas, : ia nine rcprcsentativs
North Carolina eltiea and to wast ,
,f ltll - Mil
Exchaagea - Baa. . tea. ' ' - Baa. . lea.
Baleigh .... .4.00
Wilmington . 4.00
Burlington .. SAO
Selma ....... IM
Goldsbore 3-00
Charlotte ... 4.00
Wendell ..... tM
Zebuloa .... tM
Hamlet v.... tM
$2M
tM
1.00
' tM
" 2.00
' SAO
2.00
2-00
2.00
5.00
e.oo
4.00 i
tss
4.00
SAO
SM
3.00 .
SAO
Blanket Increase Is Allowed
In Telephone Rate Petition
Ten Per Cent tor Business
Phones and 25 Cents tor
Residence Phones
- -
EXCHANGES IN 28 CITIES
ARE INCLUDED IN LIST
Chairman Lee Disients, Desir
ing To Allow Bate and See
How It Works
Blanket Increase of 23 cents per
month oa every residence telephone ia
North Carolina and a tea per eent in
crease ea business telephones, with a
maximum of SO eenta aad a minimum
of 25 cents was ordered by the Corpo
ration Commission yesterday la th pe
tloa of the Southern Bell Telephone
company. Chairman Lee, of th Com
mission, dissented from the opinion ia
favor of a higher ret.
Approximately 26 per cent increase
was asked for by tke petitioning subsid
m at the American Telephone and
Telegraph Company oa tha grounds
that its revenues were not sufficient to
maintain aad operate ita properties la
North Caroliaa. The erder issued yea
terH.v 4a temporary, aad the ease re
mains ea tha docket for such further
action as may ba deemed proper ia th
face of semi-annual reports required to
be filed by the petitioner.
Tvnvlnsr the Betitioner'e full ia
crease, tha order seta forth that tha
telenhona company's "expenditure for
repairs la iveu was more iw
mwm BMeasarr for this purpose; it re
serve for depreciation is excessive, sad
it. division of tolls is inadsanata." The
increase allowed is tentative, and may
be amended either upward ar oowa-
ward ia. th disc ration ef tha vommia
ion. " ' ' ' " '' ' Vw
-vawt rait i acre see.
Ckainnaa Lea wanted ta giea th full
tnanuM asked for and SO how K work
ed out, according to his dissent from
the erder. If the company thea made
mora money than it ought ta mace, tne
rates would be summarily reduced. He
objected also to the blanket inertase
ia all reaidenee telephones, holding
that the sine of the exchsnge and the
extant of the service rendered should
govern the rata to be charged for th
service.
Belations betweea tne aoioing com-
. m-i - mA
pany, the American ieiopuu
Telegraph Co., which exercises a monop
oly over most Ot WO teiepnone service
i. the United States is discussed at
several thousand words' length in th
order, togother witk a redtatioa oi wo
petitioner's contention that it. has lost
money through its operalons under the
old rate and is unable to extend the
service required ia the 8tate.
AgalnsaVthe poverty-etroicken condi
tion of the petitioner is set forth the
opulence of the eompany that holds ill
of its stock, and is enabled to increase
its net dividend ia a leaa year like
1920 from eight to nine per eent, and
to extend ita surplus to nearly a hun
dred million dollsrs. The aubsldisry
eompany pays first to the holding com-
paay 4 1-2 p' of n lt rev"
ennes, and eut of the balaaee, if any,
conducts its business and extends its
pi"- ...
Ai-T. aad T. Co. Takes Profits
Pivested of the msny word la whleh
it Is set forth, it appears that tho
Southern Bell Telephone Company does
all ths work and the Amerlcaa Tele
phone and Telegraph Company takes
the profit. The petitioner, finding it
inconvenient to extend its service with
the money left after paying the holdiig
eompany. On reeord now, it is set
forth, there are applications for new
telephones costing 4428,000 in North
Carolina. With dividends reduced to
less thaa four per cent, it finds inves
tors shy of putting their money ia the
concern. .
Closely related to the petition Is the
unMtlon of whether the subsidlsry
compear get Its fair share of the tolls
charged on long distance telephone
calls. The holding company owns the
long distance lines. Last year la the 24
exchanges in the State $150,885 was -col-LcUd
for lone- distance messages. Al
though the local exchanges did all the
work th. aot only $18,992. The rest
of th money went to the hplding com
....
Wa are dsnvinc the r'ght of the
narwnt eamnanx! to DlaCO upon th lo
cal service a a undue proportion of the
i.n,il., ! inanse of developing and
oneratiiut the long distance business,"
says the order "to use the local prop
erty la this service without eompensa
tlnn. and to drain the subsidiary Com
paay ot its rightful revenue from this
service, and to keep it clothed ia poor
raiment to present its appeal for
large increase In local rates, while the
real party in interest is increasing its
dividends and its reserves ana its sur
plus." Mast Credit More Revenue.
Tha netitioner itself does not ex
clude the North Carolina proportion of
ita tolls ever its owa interstate lines,
and if it insists UDon excluding from
consideration the business it develops
and handles, almost without eompeasi
tioa for its parent eompany, it must
first credit itselr with B isir proportion
ef tUt reveaue for the property which
v (Ceatiaaed ea page fear.)
AND PRESENT .
... 4
CAROLINA EXCHANGES
New Bate Asked Far
Baa. Bee. . Baa. . Res.
.03,80 S3.25 . $0.23 S3.73
t SAO 3.25 6.23 3.73
4.40 - S.73 V 6.00 3.10
3.73 S.23 - SJO 2.40
4.40 2.23 6.00 3.10
6.00 4.15 6.60 30
3J0 2.25 3.60 2.40
SAO 2.29 3.60 2.40
3.83 SAO ' 4A3 240
3.00
3.00
2A0
2.00
tM
tM
2.00
Supreme Court Refuses New
Trial By Vote of Three
To Two
Splitting sharpelj three to two, tha 1
Supreme Court yesterdsy found aol
error ia the trial and conviction of 3.
T. Harris, merchant ot Bidgeerest sen
tenced to be electrocuted for the mur-
der of T. W. Moanbh. of Alabama. Th.
... ,.- . T. , .1
Harris defense relied upon the plea of I
insanity aad the only hope left new is
ia a eommutatioa of sentence at th
hands ot Governor Cameroa Morrisoa.
Chief Justice Walter Clark wrote
opinion af th court finding no error I
ia the trial of tha ease before Judge I
B. F. Long, but Associate Justics W. P.
Stacy a dissenting opinioa ia which
Associate Justice Hoke concurred.
The evidence of th State wa that
oa September 3. 1920 Harris lsv ia wait
HARRIS IS LOSER
IN SUPRE1V1E COURT
for Moaaish aear a path leading from I ' the act Tha matter waa heard ba
the cottage of tke latter to tke post-1 ton Judge Connor wka allowed tk la
office aad with a shot rua fired two I JuneUoa. A quick appeal got the mat-
charge at Moaaish as hs passed by.
Monaish died oa a traia as ha was be-
ing carried to Asheville. Tha killing
waa admitted aad tha State eoateaded
from tha evidence of tracks leading
from tha defendants store to tha snot
from which he fired the shots, thai
trampled eondltioa af ths arenad there. I
about than tha kilUnr was wilful, de -
liberate aad . premedintcd. 'The Stats
further maintained that tha aaotivo for
the killing lay ia the fact that Monniah
waa aware that Harris was furnishing
sugar aad meal to persona engaged ia
illicit distilling aad had made remarks
or had given iaformatiao te this effect
Ths defease relied solely apoa th
plea that at ths time of the kill be was
insane aad aot- legally responsible for
his act aad that hia special delusion
was that Moaniah had seduced his wife.
Defease Nat Prejadieed
Chief Justice Rlea-k halit that tha In.
forests of the defendant were not pre.eratioa aa these importaat matters efj
judieed by ths examination of a State's I debt aad taxation aad requiring ' thai
witness eut of time and his excuse ia
order that he might catch a train in
answer to a pressing summons from his
wife ia New Hampshire. He maia-
tained that th prisoner wss pumped
dry by the hypothetical questions asked
by the State and defense end thai "it
is vsry certain that the able aad eon-
seientioua counsel for the prisoner
would not tinder any circumstance
have consented as they did, for the wit-
ness to leave'' if questions which they
alleged were omitted, were vital.
Further, the Chief Justice maintains
that th court was duly diligent ia ex
cluding from the record references to
the absnea of ths plaintiff's wife from
the court and her failure to testify.
As to the third exception that ths
court fsiled to msks a formal ardor
continuing the trial after the expiration
of ths term of court by limitation, the
Chief Justice holds that the statuts wss
complied with by the daily entries oa
the docket
Ia ths argument before th Supreme
Court, counsel for prisoner ' insisted
that there had been aa abuse of privi
lege by eounsel for. the State In the
argument ef the ess. But there is no
exceptions! or assignment of error ia
the record sent up. But following the
argument, the Supreme Court issued
Writ of certiorari, duly returned by tha
trial Judge but its contents did aot
show abuse of privilege. .
Mast Be Ia Retard
"Th uniform, authorities are." ths
court concludes, "that no exepetions
will be considered by this court oa ap -
peal whleh are aot set out ia the reeord
es being taken at the time (save only
to ths charge) and further are duly
assigned as error. There was no ex
ception and ao assignment of error to
the alleged abuse of privilege by coun
sel. It is a settled ruling of the courts.
that aa objection to the language ot
eounsel sa an abuse ef Drlvileee must
ba taken st ths time or exeeptioa is
waived. The presiding judge in this
ease finds as a fact that no exception
to the languogs of eounsel wss msde
and thst he never hesrd of aay exeep
tioa until four- months after the trial
aad then only upon making up the
statement on appeal.
Dissenting Opinion
Dissenting from the opinioa of the
majority of the court. Justice W. P.
Stacy, with Justice Hoke concurring,
differed shsrply with tbs opinioa oil
tha nhl.f Jnatiee at every turn. 1
Am a tha flmt aveantifin noted bv
the defense In the exaimttioa of the
expert Dr. W. D. Hilliard put oa by the oa the subject anoma prevail. ne ma
State to testify that tho defendant was I aieipal authorities caa only proceed
(.... j,itlca Rfac. ronaanad that I under' the law ss it existed when the
the rights of ths defense had been in -
fringed.
"Tba offer to supply ths defect by
allowing tha defendant aa opportunity
tortaks the dopositioa ef the witness
was wnony inadequate ana smoonrro
tit a denial or ma riants." saia ne.iaa "j v
(Ceatiaaed ea peg fear.)
nnpiinrnii.rn
liiUiiiumiri
1 1
ACT DECUREO V0:0
Unconstitutional By Reason cf
Defective Record of Sen
ate Journal
MUNICIPALITIES MAY ASK
FOR SPECIAL SESSION
Test Case Brought By City of
Raleigh; the Supreme Court
Holds That Consolidated
Statutes as Amended By Re
valuation Aot Prevail in Mu
nicipal finance xr.(?,&
Holding th Municipal rinaae Act
W ML'-
of 1921 aaeoBstitational by reasea ef
tha defective record ia the Seaata
Journal af the vote by which the meas
ure passed ita third readiaa? as amend.
ed.' the Supreme Coart yesterday pe-
ciuea i eat ins existent law af municipal
flnanee is that contained ia tke Con.
eolidated States aa smeaded by tk Ba-
JU ct .
Tka decision ef the eeart la tha test
ease breegkt by tha elty .ef Baleigh ta
en ine constitutionality of the statute
questioned by tha Attoraey Geaeral.
leaves th municipalities af tha. State
helpless according ta Mayor T. B. El
dridge ef the city ef Baleigh. Aa a
result, it I almost certain that tha Ua.
aieipal Association will appeal ta Gov
V"0' Morrisoa to call a spa
eM," U ort v . t . .1
' ia a Agree fjaaa, i . .
Followiag a meeting ef the exeentiva
committee ot the municipal asaoeiatias
aad parsuaat ta aa agreement ef thie
i&J!"
.7' ';
General had eoaetraed aa ia opera tire. '
Th Commissioners ef Baleigh. levied!
taxes aad authorised bond issues aa1
der tha 1921 act, aad Daa Allen for him-
sen aad ether eitixeaa brought a sail
ta enJoin the commissioners agaiast tha
levy of the tax and tha issuance af
I bonds, alleging tha aaeoastitatioaslitr
ifto the Supreme Court for srgu-
ad at the Spring ealea-
aar aad tha soart yesterday affirmed
Judge Connor aad further set forth la
detail the eoatroUing laws for maaiei-
pal finance. . . .
Justice Hoke, writing the opinion ef
tk court, reverts ta tka Constitutional
1 requirement for tka passage of saeas-
"res Uvolviag the taxiag powers ef th
State or the pledging af tha Stato'a
redlt The requirement ia that tho
bill mast ba read three several times
i aeh house, mast pas three several
I readings oa three separate days aad
I the yeaa aad nay ea th aeeoad aad
third reading must be entered oa tha
I journal.
I Jaaraals Meat Skew Yet
"This provisioa of our organic law
ay Justice Hoke, "said ia aoma ef tha
I presence ex a lawful qaoram aad
I proper placing ef responsibility. .
been very insistently enforced by the
eoarta aad la various decisions eoastru-
lag the Section it has beea held that
tke provisions are maadatory, that tha
journals of each boasa respectively af-
ford tha only competent aad suffleleati
evidence aa to the procedure, ia a'
rivea ease aad aaleea it afflrmativqlyj
appears from these journal that tha,
Constitutional requirements have been
complied with, the atatate, ia so far aa.
it effects ths specified measure as sat ,
be ia valid."
According te the fact in the eaee.
the measure ia question . waa - passed '
three time aad it passage waa prop
erly recorded, but the vote by which'
it passed its third resdiag was reeoa-
I sidered, aa
ameadmeat waa adopted.
concurred ia by tha Hnass . but - aa.
third reading af tha bill waa . after
ward had, oa which the yeaa aad aaye.
were entered ia the Seaata JeurnaL
"It thus sppesrs," argue Justioa
Hoka, ''that there never haa beea .a
third reading ef this bill ia tha Ssaate
nndor which tha ayes and noes hava
beea entered ea the Journal aad pro
visiona ef the law da question apper
taining to th incurring of indebtedness
snd the impositioa ef taxes must ba
held uneonatitutiossl aad void aad this
is so whether the ameadmeat te tha
Statute was or waa not material.1
The Existent Law.
Thus disposing of the 1921 Aet, Jus
tice Hoke asks, "What is tha law now
1 controlling oa matters of this kind, and
under eueh law can tha proposed meas
lure be upheld T"
The 1921 Aet, he eontiaaea, proposes
to amend aad re-enact the Municipal fi
nance Aet of the Consolidated Statutes,
giving increased powers to tha contract- -ing
and providing for debts aad the levy
ot taxes. It eon tains the provisioa
I that if any portion ef the act should
be declared invalid, ,ri aasil aot eneet
the part that remains, but Jadge Hoka
maintains tkat it is Still "subject to
the recognized priacipls of statutory
construction that when a repealing Stat-;
ute ie invalid, the repealing clause-.it-:
self falls with the statute ef which it
ia a part. . -And
ha eoatinues: The portion of
the rinanc Aet of 1921 appertaining
to eoetraeting debts and levying taxes
having been declared invalid aad the
general repnmi tmw pn
1 ions of the law giving clear intima
tioa that unless these importaat previa-
lion should be upheld the existent law
1 attempted amendment was enacted aad
must square their aetioa wits. Its re-
quirementa. Oa thie question, we find
the existent law oa th - subject te,be
ss contained in Consolidated Statu tea
- -- ,
BYSUPF
1
(CaaUaaed a page fearj. it
(Caatlaaed aa pag foar.).
olution. .
'aaaa. i. t ,.; n '
S