resent State
^PAUL CHOLETS “COCOANUT GROV^jlHpW COMES TO LIBERTY
¥«feni Win Face Qaestioa of
New OrjEank Law in No-
yembn: Eleetiwi
la the KoTember election peo-
fle of North Caroline will face
the qnestlon of whether thla
^ rtate will retain Its present con-
■•^ etitatlon or adopt a new one. For
benefit of Its readers who
- lare not learned so mnch about
^ »e new proposal The Jou'mal-
FMrlot Is publishing below an
•iWele by Banks Arendell, execu-
OwB secretary of the organiza-
th»B against the proposed new
•oostitutlon, which appeared Ip
SaBdays Issue of the Greensboro
Dally News:
Significant Changii
The proposed new constitution
wonld confer the powers of gov-
amment with practically no defi
nite limitations or restrictions.
' Section 2 of article I (the bill
mt rights) of our present consti
tution is as follows:
“Political power and govern-
■*nt. That all political power is
waeted in, and derlred from, the
people; all government of right
ariglnates from the people, la
tOanded upon their will only,
and is Instituted solely tor the
good of the whole."
That section is not included in
the proposed new constitution.
The last section of article I
ftho bill of rights) of the pres
ent constitution declares that
“an powers not herein delegated
lemain with the people.’’ That is
taken out by the proposed new
coBstitutlon.
Section 1 of article II of the
proposed new constitution de
clares that the legislative au
thority "shall be full and com
plete, except as limited in this
constitution. ’ That expression is
entirely new, as it is not found
at any place in the present con
stitution.
This series of changes show
the idea upon which the propos
ed new constitution was con
structed. It intends to, and does,
confer great and dangerous pow
ers upon the legislative ’ body,
with practically no safeguards,
Bmif.ations or restrictions.
Ia>cu1 (ioveriiuieiit
The proposed new constiliuion
contains the set-up for the do-
stnic’.ion of loc.il seU-govern-
ment.
The present eonstitution pre-
ser.'ss the right of the people to
ehoo.se some of their . priiicipal
tiv» limitation.on Inereaso of
tmbtoper local debt. Under It, a
local unit 'could issue • bonds
without a rote of the people tor
“necessary expenses’’ to the' ex
tent of one-half of the amount
by which its debt was reduced in
the particular year. "Necessary
expenses’’ Includes street and
sidewalk improvements. A large
part of our local debt was incur
red on petition of property hold
ers for 'special assessments for
such street and sidewalk im
provements, against property not
worth the cost of such improve
ments. That could continue und
er the proposed new constitution.
A new constitution, or an amend
ment to the constitution, should
limit such street and sidewalk
improvements to property found
to be worth a reasonable amount
above the cost of such spec.al
assessments.
Taxation
The proposed new constitution
removes all definite safeguards,
limitations and restrictions on
the power to tax. Article 'V, sec
tion 1, of the proposed new con
stitution is as follows;
“State taxation. The power of
taxation shall be exercised in a
Just and equitable manner, and
shall never be surrendered, su
spended or contracted away.
Taxes shall be levied only for
public purposes, and every act
levying a tax shall state the ob
ject to which it is to be applied.”
Under that provision, the gen
eral assembly would be clothed
with the power, without a vote of
the people, and without definite
limitations and restrictions, to
levy taxes on property, polls,
earnings, income, and all busi
ness activities, in any amount, in
any form, at any rate, without
any limit, and by any system of
cla.ssification. for any object
which a court would hold to be
a public purpose.
riiief Jii.stice John Marshall
declared:
"The power to tax is the pow
er to destroy.’’
The I’oil Tax
The proposed now eonsi'tution
wipe.s out nil limitations and re
strictions or. the poll tax. Article
V, section 1, of the present eou-
sti.ution (adoptc'.l in 1P2U> Is as
follows:
“Capitation tax: exemption.
Tlie general assembly may levy a
carita'ion tax on every male in-
babitant of the state over 21 and
REV. EUGENE OLIVE
CONDUCTS REVIVAL
IN YADKIN COUNTY
Rw. Bngene Ollre. psator of
rirgt^ Baptiat church bare,
coiUIttCted a revlyal at th# Jfad-
kfaiTllto Baptist obur^lt last w«ek
and first -part of this week.
Much interest 'was. shown in the
services. y-.
3. W. Walsh, well
zen of Walsh community,^
at The >Journal-Patriot'
Tnesda^ brining with’:
teans be iirew' on his?'*
These beans', of the Yard-|
variety afs-rmore thu two
Id length and may be
The Journal-Patriot offlcoi^
V«ntal In Revival
Bvangellst Blum H. 'Vestal is
holding a revival at Union Grove
arbor in Iredell county. The ar
bor where the meeting is held is
located near Robertson’s mill in
North Iredell.
666
MALAR
668 Liquid or Tablets rhi
MalarLi in ' 'Three Days.
Preventative. ^
9-18-St
Something different in the way of stage enter
tainment comes to the Liberty Theatre at a special
midnight show Sunday night. A real musical and
comedy show with a host of pretty girls is offered
in Paul Cholet’s “Cocoanut Grove Revue”. Paul
Cholet, who comes highly recpmmend[ed from many
radio and stage, shows, will present his fine tronp
of twenty-five talented artists. ’This is a rare treat
for the people of North Wilkesboro as never has a
a stage show with as high praise as the “Cocoanut
Grove Revue” been presented in this theatre.
local nffin rs. long as that j r,,, years of iigc. which
righ: is preserved in (he consti-
tntioi! i:self. a general a.ssem'iily
voulri not be so greatly tempted
to deprive ihe people of their
right to choose those officers not
■o protected by the prc.sent con
stitution.
Under the proposed new con
stitution, the general assembly
could deprive the people of the
right to elect any and all of their
local officers, and could confer
on the goveruor the power to ap
point all such officers. This
would afford opporluiiiiy to ap
ply the short ballot to local gov
ernment.
The Ihiblic Schools
The proposed uew constitution
would centralize and politicalize
enr public school system.
The present state board of
education is elected by the peo
ple. The proposed new constitu
tion provides for a state board
ef education composed of seven
members, one elected by t'ue peo
ple and six appointed by the gov
ernor, subject to confirmation by
the general assembly. Under that
document the .general as.sembly
could confer on Iha*. board the
power- to select every school
teacher in the state. It would
destroy the county as a unit for
school administration. Thus,
there would be provided the op
portunity to completely centra-
Hze and politicalize the adminis
tration of our whole public
zchool sys‘''”T.
The Cour.',
Under i.^’o proposed new con
stitution the decisions of the Su
preme court could be subjected
to the will of the executive and
legislative departments.
The number of members of the
Snpreme court is fixed in the
present constitution. Under the
proposed new constitution, the
general assembly could increase
Ihe membership of that court as
It may see tit. As Justice W. J.
Brogden ha.s pointed out, this
would enable the executive and
legislative departments to
phange the membership of that
eoart at will, if desired by them
go procure a fa'v'orable opinion
the great questions of gov-
that may come before
hronient
State Debt
The present constitution lim-
jte state debt, -n-ith certain ex
ceptions and restrictions, to sev-
«n and one-halt per cent of the
aspedsed value of property in the
atmte. ’That is stricken out by the
ipKoposed new constitution. The
iBitations on state debt in the
^KDposbd new constitution do not
iipply to a “causal deficit.” No
ane knows what that means
^ Local Debt
saii tax sh;iU not excood two dol
lars. and cities and towns may
levy a cani ation tax which Shull
not c.xcei'd one dollar. No other
capitation tax shall be levied.
Ti\e commis'ioiu vs of the sever
al counties and of the cities and
towns may exp’.npt from the cap
itation tux any special cases on
accoutit of pi>veny or infirmity.’'
I'nder the preseid constitu-
:io:i. then the poll tax is limited,
except for the payment of debts
contraotert prior to 1921. to
three dollars, and to males be
tween the ages of 21 and 50
yeai'.s. Under the proposed new
constitution that limitation is
wiped out, and under it the gen
era.' assembly could levy a poll
tax of ten dollars, or any other
amount, on every man, woman
and child in the state, without
restriction as to sex, age physical
or financial condition.
ircoinc Tax- Kxemptions
T'ae proposed new constitu
tion would permit the levy of a
tax on tb“ smallest incomes.
withotU any exemptions whatso
ever.
The present constitution, ar
ticle V. section •?. grants exemp-
iion from t;ie income tax “for
marrif.i mar. vi*h a wife living
with him. or to a widow or
widower havin.g minor child or
chil.lren. natural or :,.:cptod. not
less than $2,000; to all othrr
per:sons no; less than $1,000.”
The iiroposcd now constilntion
I wipes out tlrut constitutional ex
emption.
Under the ■;ioeument, the gen
eral assem’.'ly could tax all in
comes. no :uatter how small,
without any exemption whatso
ever. and without any limit.
The I’ropcrty Tax
The propo.sed new constitution
wiped out ail limitations on the
levy of a property tax.
linder article V. section 6. of
the present constitution, the
property tax for general state
and county purposes is limited to
15 cents. Unler the proposed
new cotistifation that limitation
is removed and the general as
sembly could, without a vote of
the people, authorize the levy of
property taxes, without limita
tion or' restriction, for general
state an-d county purposes.
ProiH'rty Tax for K.xtended
School Term
The proposed n^w constitution
would permit the levy, without a
vote of the people, of an unlimit
ed property tax for maintenance
of the extended school term.
Under the present constitution
the general assembly eannot au
thorize the levy of a property
the people of the territorial unit
affected. This leaves it to the
people to decide whether they
will vote property taxes upon
themselves for such extended
school term. A wise educational
leadership has approved of that
principle.
The proposed new constitution
wipes out this requirement. Und
er it the general assembly could,
without a vote of the people,
authorize the levy of a property
tax for the maintenance of the
schools beyond the constitutional
.six monilis term, and for any
length of time it may determine.
Other I’rop-'i-ly Taxes
The proposed new constitution
would permit the general as
sembly to authorize, without a
vote of the people, the Jevy of
property taxes for anything
which a court wonld hold to be
n public purpose.
In liriggs vs Raleigh, 195 N.
22:!. the Snpreme court held
that aid hy Raleigh township for
the slate fair was a piil)lie, pur
pose. but not a “necessary ex
pense.’' Therefore, under the
present eonstitution the levy of
a property tax to aid sticli fair,
or similar project, wonld require
a vote of the people. Under the
proposed new constitution a
property tax tor aid in such en
terprise could be levied, by legis
lative authority, without a vote
of the people.
Uniforiiiil.v of Taxation
The proposed new constitu
tion wipes out the requirement
for equality in taxation.
Equal rights to all and special
privileges to none is a cardinal
principle of government among a
free people. It should be main
tained.
The present constitution, in
article V’, section 3, requires tax
ation of property by a “uniform
rule” and “according to its true
value in money,” and that “all’’
property shall be taxed. The pro
posed new constitution wipes
that out. Under it,, the general
assembly could classify property
fu:' taxation and apply different
rates on different kinds of prop
erty as it might determine.
Twice before—in 1914 and in
19.30—^the people of this state
decisively rejected classification
amendments.
These changes woula write in
to the constitution itself the
power to grant special privilege
and favor to particular groups of
taxpayers.
E.xereise of Gox-eniiii/ntnl I’owcVs
In this document the people of
North Carolina are offsrc.l a j
constiution whicl'. imposes prac- i
tically no safeguards,- limitations |
or restrictions on the exercise of i
'govOnimental powers. 'There |
would bo no point in granting I
such powers unless it is expected i
and intended that they be used. |
A vote to grant them would,
properly and justly be construed j
as a vote that the people would !
approve of their exercise. 1
On this question, Thomas Jef
ferson said; |
“It would be a dangerous de
lusion wore a confidence in the
men of our choice to silence our
fears for the safely of our rights.
Confidence is everywhere the j
parent of despotism; free gov-1
ernment is founded In • jealousy, j
not in confidence, which pre- j
scribes limited constitutions, to j
bind down those whom we are j
obliged to trust with power. Our
constitution has accordingly fix
ed the limits to which, and no
further, our confidence may go.
In questions of power, then, .let
no more be heard of confi-dence
in man, but bind him down
from mischief by the chains of
the constitiKion.’’
Weavers Ford News
Mr. Oliver Garris has been
very sick at his home here for
several months. Friends will be
glad to learn that his condition
seems to show Improvement.
Mrs. Albert Spencer and
from Florida. Mrs. G. W. Kirk
and Miss Grace Kirk, of Maplq
Shade, 'Va., were dinner guests of
.Mrs. Alice DeBorde last Tues
day.
Mrs. Jane Garvey, an aged
lady of this community, is 'ser
iously sick. Little hope is held
tor her recovery.
Mr. and Mrs. Sherman Arnold
and children have returned to
their home in Maryland, after
spending two weeks with Mr.
Arnold’s parents.
Miss Mamie Smithey left tor
Jefferson last Sunday w'liere she
will teach in the high school dur
ing tile coming year.
Mr. Roger Sexton, of Mary
land, and Mr. Keys Garris, of
Penn., arc spending a few days
here with relatives.
Miss Ossie DoIJorde visued her
sister, Mrs. Herschcl Holsey, at
Mouth of Wilson in Virginia last
week.
Mr. and Mrs. T. B. Jones, Mr.
and Mrs. Paul Hash, Mr. - and
Mrs. B. C. DeBorde, Mr. Denver
Roupe and Mr. Paul Blevins at
tended the Galax Pair Friday
night; They reported the Pair to
be very good this year.
Mrs. Robert Osborne spent
Tuesday with her parents, Mr.
and Mrs. M. C. Roupe. Mr. Roupe
has been right sick for awhile.
Miss Jewel Brown, who has
been spending some time with
Mrs. Preston McMlllon and Miss
Swaneda Brown in Marion, Va.,
has returned home to resume her
school at 't’irglnia-Carolina high.
Quite a number of people
from this place are contemplat
ing attending the Wilkes Fair
this week.
■;4
\buf dty is judged by its streets J
CONCRETE rates 100% 1
COTTON STALK OVER
SIX FEET IN HEIGHT
From every standpoint, con
crete is the ideal paving ma
terial. It saves taxpayers
money by reducing original
and upkeep costs : i: is safe
in any weather, drains
quickly and increases visi
bilityimproves property
values and is good for a
lifetime. Driving costs go
down, too. You save on
gas,'oil, tires and car repairs.
And remember this —if
streets are extensions of Fed
eral Aid highways. Federal
funds may Be available for
the paving work. That means
a saving for taxpayers, no
assessment on property own
ers, work for local labor.
Insist on concrete for safety,
comfort and money-saving.
Mr. and Mrs. C. R. Brown, of
Knottville, Mr. and Mrs. John A.
Brown, of this city, visited their
son and brother at Harmony
Sunday and brought back a cot
ton stalk over six feet in height,
xvhich may now be seen at The
Journal-Patriot office.
rPORTLAND CEMENT ASSOCIATION
{ Hurt Bldg., Atlanta,
I Please mail booklet “Pavements for
Modem Traffic.”
I
.State.
tax lor maintenance of the
Tobacco sold on the Columbus
schools beyond the constltution-
p ' B la claimed that the proposed al six months term without sub
^■ew 'coMtltution seU out effec-1 niittlng such tax to the vote of county agent.
county markets is still averaging
about 25 cents a
everyone is happy.
pound
reports
Saturday, Sept. 22nd
AT IHE GREAT WIKES FAIR, NORTH WILKESBORO
SIX
BIG
EVENTS
Thrills!
Races Start Promptly At 2 P. M.
V-
SEE THESE DAREj-DEVILS Iffc-ACTIONj
ACnON AT THE FAIR SATURDAY
- Wr
ms
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■ -ST. saj&mieiil»