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VOL. XXXV
ASHEBORO, N C.V THURSDAY, DECEMBER 8, 1910.
No. 49
COURIER.
COURT 1NJRAND0LPH
Judge Allen Delivers an Able Charge
- to Grand Jury Suggestions as
to County Homes.
Court opened Monday worning at
a quarter past eleven. The follow,
ing men were drawn aa Grand Jury
D. S. Sumner, foreman; J .taper
An am ii, Simpson Patterson J. S.
Bikes, J. M. Vuncannon, J. V. tlin
ehaw, T. W. Mitchell, 0. J. E. Fra
zier, J. B, Slack. J. 0. - Williamson,
B. 0. Hoover, M. F. Skeen, C. B.
Pearce, Willie fresnell, T.J. Bulla,
H. 0. Patterson and W. L. Cran
ford. Jndge Allen then told the grand
jut era that this was his last court as
superior conrt judge. He expressed
hia nleasnre at holding this in Ran
dolph where there were so man;
pleasant associations. Judge Allen
Bpoke of attending school in this
county 34 years ago, and being
taught by Brixton Graven, whom he
praised warmly.
D.DBin. fMm thia in nliarffa ha
spoke in substance as follows:
Bvalattoa an AdmlnUtraUan ol Lawt
The earliest sign of organization
was the banding together ot the
weak against the strong, ine com
mon wish to protect themselves
against the oppression of the strong
er individuals drew the weaker to
gether. This was the beginning of
society.
Society has passed regulations to
regulate the indulgence ot lnviuuai
nracticea which are hurtfnl to
others.
These regulations are law. Law
then is a safeguard which protects
both society and the individual,
guaranteeing the individual his
rights so long as they do not conflict
with the public good, and imposing
punishment upon aim when ne nas
infringed upcu the rights of others.
The American idea of law is to be
found in the constitution of the U.
S. and that of North Carolina.
This deal with the administration
of the law from three points of view,
there must be a body to make laws
the legislature a head to e iorce
them the executive department
and bodv toa.iiuut them and to
weiirj tne iudiciarv.,
In the lower courts, which more
vital I v concern ns. the questiou of
administering justice is in the hands
of the Judge, the lawyers, and the
jurors; back of all this is panne sen
timent.
If a community does not wish a
law to be enforced it is never sue
cesifully done. Here Judge Allen
Bpoke of lawyers as being officers
a not commonly accepted view say
ing thar, they alone of all citizens
had to swear allegiance to me con
stitution and to take an oath to de
mean themselves properly. He said
that the duty of a lawyer was not
primarily to defend his client, but to
ascertain tne trutn.
The grand jury, said Judge Allen,
is provided for by the state"oonatitu
tion, and shall come from the body
of the people. ,
These iurors are to be good aod
honest men according to law, and it
is k complement paid to a man when
he. ia selected for a juror. It is
hardly looked upon in-this way by
most people. Business men try to
avoid serving. Thia should not be.for
the best working and ablest jarys
are composed of men of all occupa
tions. ' '
Crlma and tta SnppreaeloB.
A tendency toward crime is inher
ited, and is in part the result of en
vironment. Since the best means of
eoirecting an evil is to remove the
cause, the suppression of crime rests
upon giving those who might other
wise be criminals a good community,
and in making them respect the law.
In punishment consideration should
be paid to the influences which have
producea the criminal. If outside
influence has caused bis crime he
should not be judged so harshly as
if it were malicious and deliberate. '
. In this fitting the pnnishmant to
the criminal rather than the crime,
the judge is helpless. The jurors
knowing the criminal and the condi
tions under which he committed it
can come nearer knowing how to
treat his case. Jndge Allen then
gave some illustrations 01 wam part
heredity had in crime. He gave
statistics1 showing that the offspring
of criminals were usually given to
crime. - - - ,
With thin Jndfre Allen Daased to
tbe thinffs bv which a grand jury
could help to make fewer criminals,
the breaking up of disorderly houses,
blind tigers, and places of like na.
ture. The iurors were to aot with
out any feeling in the matter except
that of tbe public good, not consid
ering the individual in tearing np
these breeding places of crime.
County Hemti at a Mean of Suppress
lag Crlma..
After going into the technical def.
initions of definite crimes and, their
punishments, Judge Allen suggested
the employment of the County Home
as a mean of lessening crime. A
good farm should be secured, which
would make the Home selfsuport-
ing.
Rown then could be founS for the
younger criminals. Those commit
ted for slight offences, crimes caused
by lack of insight into the why of
well doing, could be trained for cit
izenship. The idea of the' County
Home as a reformatory is a new one,
but is more practical than that of a
seperate reformatory for each county.
To give the young criminal a
chance to develop into a good citizen
much training is needed. To rid
him of the effects of heredity and
early envionment a healthy atmos
phere is essential. This could more
easily be gained on a good large
farm than anywhere ele.
New Dwellings in Asheboro.
Mr. Thomas Eearns, who recently
move I from Union townehip will
build a nice residence on Salisbury
street which he recently purchased
from Mr. John Hammer.
Mr. Thadieus Auman, who re
cently moved from Union township
to Asheboro will build on adjoining
lot.
Mr. Lee Trotter, of Back Creek
township, will build ou his lot near
by tbe lots above and will move to
Asheboro.
The Home Building and Material
Company will build three dwelling
houses on Salisbury street. Work
will begin'thia week.
Mr. I. C. Myrick, of the Stout
Rankiu Co. will build-a nice cottage
on Oak Avenue. Work will begin
on this in thirty days.
Mr. Johc M. Hammer has com
pleted a house for rent on Gluyas
street.
All these dwellings are oa the lots
recently Bold by Mr. John M. ttain.
mer, real estate and insurance agent,
Mr. 0. M. Henry, Mr. John W.
Bulla have completed their new and
elegant residences on Cox street.
The Home Building and Material
Company end Mr. Sherman Lamar
have each completed new and com
fortable dwellings on Hamlii High
lands. There will be Beveral other new
dwellings erected in Asheboro in the
near future.
Mny persons from the county and
some from other counties are think
ing of moving to Asheboro so that
they may have the many advantages
offered to those who locate in Ashe
boro. Court Proceedings.
The criminal docket of the De
cember term of couit was conclcded
Wednesday morning. There were
few cases on it, only two taking up
muoh of the court's time.
Thomas Lewallen was convicted
of abandoning his wife, and for fail
ure to provide for her. In this case
judgment was continued.
Another case was that ox Cum
mingsKing, who was convicted of
permitting a distillery to operate on
his land. The judgment of the
court has not been pronounced as
yet.
The case now being tried is that
of R. R. Ross vs. Southern Railway.
Asheboro Busy.
Asheboro's waterworks are coming
on in fine shape. , Ditching has been
hinder d quite a bit of late on ac
count of rock in the ditches, which
has necessitated drilling. The out
falls have been conpleted, and the
ditching will Boon be finished. On
ly a few ditches, through tbe main
steets, need to be dug. The piping
is being laid as fast as the ditches
are ready. '
The company, which is digging
the well, has struck a pretty stiff
proposition. The rock encountered
is very hard and much time has al
ready been consumed. - Still the
drilling will become easier as they
get further down and we may hope
to see the town supplied with practi
cal waterworks at a comparatively
early date.
8m notice elsewhere of Dostnon-
ment of Sale of lots on the Frzaier
property. , -
TO PROSECUTE STANDARD OIL
COMPANY.
For Violation of State Anti-Trust
Law Case Starts in Raleigh.
The Standard Oil Company is to
come before the courts of North
Caroliua on tbe churge of violating
tbe Anti-Trust law passed by the
Oeneral Assembly of 1907. war
rants have been sworn tut against
tlw company because of alleged trust.
methods in dealing with competition
in Raleigh by a successive lowering
of prices with the purpose of driving
out or breaking up competition. ..
The matter of the transactions of
the Standard Oil Comnany in Raleigh
had been called to the atti nti jn of
tbe City Attorney by private, parties
and by Attorney General bickett.
City Attorney Clark, by his own in
vestigations, found such a state of
facts to exist that he has sworn out
warrants against the Standard Oil
Company for violations of the State
Anti- Trust Law of 1907.' In. the
matter there will be heard the reasons
which have induced the Standard
Oil Company tc reduce its prices of
on in the present year from 11 12
cents to 7 3 4 cents a gallon in
Raleigh, while maintaining a higher
price at other places, the fact of the
competition of the Indian Oil Com.
pany in Raleigh to .be set Out in the
matter.
The suit against the Standard Oil
Company and the grounds on which
it is brought will be understood from
the correspondence between Attor
ney General T. W. Bickett and City
Attorney, Walter tilark, Jr., of
Raleigh, which is as follows:
Tbe Letter of the Attorney General.
Mr. Walter Clark, Jr., -City
Attorney,
Raleigh, N. C.
Dear Sir: The Anti Trust Act of
1909 imposes certain duties upon the
attorney general with respect to its
enforcement. In view of this fact,
and the general supervisory author
ity conferred upon the attorney
general by section 5380 of the Re
visal, and by the very nature of his
office, I have endeavored to keep on
the alert to detect any violatiou of
this law which was designed to pre
vent a destruction of competition in
the State,
I have recently made an investi
gation of the conduct of the Stand
ard Oil Company in Raleigh, and
submit for your consideration the
following tacts:
In Jannary of this year the Stand
ard Oil Company was selling oil to
the merchants in this city for 11 1-2
cents per gallon. It was selling at
the same time oils in Oxford, lien
derson, Smithfie.d, Franklinton and
Lonisburg, and in all nearby towns,
where it has storage tanks, at the
same prices that prevailed ia
Raleigh.
In Jannary 1910, the Indian ; Re
fining Company was licensed to do
business in .North Carolina, and
about the first of March commenced
to offer its oils for sale in Raleigh.
As soon as this competitor appeared
upon the field the Standard Oil
Company reduced the price of oil to
10 cents, and has, by successive cuts,
reduced the price to 7 3-4 cents per
gallon.
The Indian Refining Company has
never cnt the price below the Stand,
ard Oil Company, but has been forced
to meet the Standard Oil Company's
rate. The prices in nearby towns
where the Standard Oil Company
has no competition, have not follow
ed the Raleigh prices, though there
has been what might be called a
sympathetic reduction. The pre
vailing prices in the nearby towns
above named are from 9 and 9 1-2
cents as against 7 3-4 cents in
Raleigh.
I am of the opinion that these
facts constitute a violation of sub
sections B, C and D of chapter 218
of the Public Laws of 1907.
It seemB that the Standard Oil
Company explains these Cuts by say
ing that the increased demand for
gasoline has resulted in an. over-production
of kerosene and, therefore,
beat down tbe price. However that
may be, this does not explain the
radical discrepancy existing between
the prices in Raleigh and near-by
towns, a discrepancy which did not
exist at all when the Standard had
no competition.
I would have called the attention
of the solicitor of the district to
these facts and requested bim to
send a bill against the Standard,
but I find that Chapter J of the
Private Laws of 1907 confers npen
the "Police Justice of the ,City of
Raleigh exclusive original jurisdic
tion ot all offtnses committed in the
Citv of Raleigh below the grade of
felony." -
It seems, therefore, that the City
Attorney for the City of Raleigh is
tbe proper officer to prosecute of
fenses of this class, and I respect
fully suggest that you t ike action
against the Standard for what ap
pears to be a plain violation of our
Anti-Trust statute.
I will be glad tf) furnish you with
the data which I have collected in
making this investigation.
-Very respectfully,
T. W. Bickett,
Attorney General.
Reply of City Attorney Clark.
November 29th, 1909.
Hon, T. W. Bickett, Attorney Gen
eral of North Carolina, Raleigh, N. C.
My Dear Sir: Have previously
ackuiweiged your letter calling
my attention, to the violation of the
Anti-Trust law by the Standard Oil
Company.
My attantion was directed to this
violation slightly prior to yonr letter
by some private parties aod I have
made a very careful examination of
the matter and in pursuance of the
investigation, will today ask for a
warrant, against the Standard Oil
Company and probably other war
rants later.
Investigation of the snbjact was
done under more or less diffi sulty
owing to the defects, in the law
which I trust will be amended by
the Legislature. Among the most
glaring of tbe defeats is tbe fact
that no money, even the smallest
sum, is placed at the disposal of the
Governor, yourself or any prosecuting
officer to secure necessary evidence.
All investigations under the present
law must b conducted by the prose
cuting officer, not only at a 'oss of
hia time without compensation, but
Without etffQ remuneration for what
investigation. Such a condition de
inooaf t "j s
mands a remedy if the Anti-Trust
law is to be made tffecUve.
I regret very much that 1 could
not secure the evidence on which to
oase the warrants sooner, .but as
under the law, the only funds avail
able were personal ones, I was
somewhat delayed in my invesMga
tiou. The invest'gauon has con
clusively couvinced me that the
Standard Oil Company bus flagrantly
violated the law, and I trust and
hope that I may be able to produce
sufficient evidence to convict it
legally for its wrong-doing.
If you are willing and feel that it
is proper I shall be glad for you to
conduct the prosecution or to assist
in the prosecution in the Police
Court as you may deem to the best
interests of the State and the propri
ety of your office.
Rear ectf ully yours,
Walter Claik, Jr.,
City Attorney.
AWARD OP PRIZES.
Names of Successful Contest nts
and the Pr zes I hey Win in Boys'
Corn Club Contest.
The following prizes have been
awarded according to the rules and
regulations governing the Boys'
Corn Club Contest :
First prize, for greatest number
of bushels of corn er acre.
Wdn by T. J. Underwood, Trin
ity. 28 5 bushels.
Priz?, $25.00 cash.
Second prize,
Won by Sam Phillips, Thomas
ville, 97 bushels.
Prize, $15.00 cash.
Third prize,
Won by R. M. Jordan, Franklin,
ville, 83 5 bushels.
Prize, $10.00 cash.
First prize, greatest profit on one
acre of ground. ,
Won by Sam Phillips, Thomas-
ville, $47 70.
Prize, $25.00 cash.
Second and third prizes are still
under contest on account of insuf
ficient rtport. We hope to an
nonnce these next week. A fourth
prize will also be given in both the
above contests. There' are still
other prizes which the above con
testants will receive in addition to
those already awarded. Certificates
will be sent the succesi f nl contest
ants the last of this week and the
date announced on which they may
receive their prizes.
We hope to publish an official ao-
oount of the contest is the county
and also the townships in our next
week a issue.
NEWS IN BRIEF
During Home Coming week next
fall there will be an agricultural
and industrial exhibit.'
All the governor of the meeting
at Louisville, favored the direct pri
mary except Diaper, of Mass.
Mrs. Mary Biker E Idy, discoverer
and fouader of the Christian Science,
died of( pneuutoua December 4th,
aged about 90 years.
The Immigration Commission has
reported in favor of cutting out sen
timent and restricting the immigra
tion of unskilled laborer.
Dr. Cook has at last explained it'
The polar regions induces insanity.
This IB one time that few will offer
any contention to what he says.
The personal estate of Ex-Gov
David B. Hill, of New York, is es.
timated at $62,000. The beneficiaries
are, Ur. darvy 8. Pearce and Peter
J. Man wilier, both of Albany.
According to the Southern Pines
Tourist", Mr. Will Harr ngton, a
young larmer or Moore county, has
made 136 bushels of shelled corn on
an demonstration aore this year.
J. - A. McRae, Principal of the
Colored Graded Schools, delivered an
address at the laying of the corner
s one of the colored graded school
ouilding in Sanford last Thursday.
The testimony in tbe Eastern
Trunk Line freight advance case is
all in. Ibe testimony is considered
to be plainly against the railroad.
The arguments in the case will be
heard Jannary 9th.
News comes from Washington
that Congressman Grant and Cowles
have picked out the sitae piece of
pie, the colleotorship' of internal rev
enue iu the Western North Carolina
district.
livery man, of Albemarle, shot and
badly wounded Will Talbert this
afternoon. The trouble - has been
brev ing for some time. Both men
are of good character.
Rev. L. N. Booth, of the Chowau
circuit M. E. Church, South, has
confessed to the misappropriation of
$100 of church funds. And his
congregation had just outfitted him
for conference with a fine horse and
buggy, a new suit tf clothes, and
No. 1 testimonials.
A railroad is evolving that pro
poses to run from Charlotte to Mt.
Gilead by way of Locust, Big Lick,
Rocky River Springs, Cottonville
and Norwood. A survey has been
made by an engineer who was pleased
with the prospects as to grade and
slope pf land, timber, freight etc.
The new Supreme Court Justices
are to be appointed this week. Much
speculation is being indulged in as
to whom Taf t will name. It is
thought by many that those whom
he nanvis will be ont of sympathy
with tbe income tax.
The Annual Carolina-Pennsylvania
debate held in Chapel Hill
December 5th, was won by tbe rep
resentatives of the University of
Nortn Carolina. The question was
the establishment of a Central Bank.
Carolina had the affirmative.
As a Matter of Course.
A story of the late campaign
comes from Greensboro. It was on
the night of the election, when the
landslide returns were being received
at Republican headquarters. Dur
ing a brief cessation of advises the
long-distance rang and Jndge By
num answered the phone:
"In hell, I hope!" replied the
Judge in disgust, throwing down
i be receiver, and going borne to bed.
It was not leai Led until tbe next
day that somebody at the other end
of the, wire had inquired of the
whereabouts of one Marion Butler.
-Ex.
New Hunting Lodge.
Mr. George J. Gould is building
a fine lodge on the present site of
tbe Fairfield Lodge. The contract
for the building has been let, for
st me time, and the workmen are
making good headway. The main
house has been shipped. It is bnilt
upon a plan so that it can be readily
put together. beveral thousand
dollars are to be spent on improve
ments. High Point Enterprise. .
ite Uc0rar..Reddi0g. '
r ,
FARMERS' CO -OPERATIVE AS
SOCIATION. Meeting of Farmers of Randolph
Plans for Exhibit at County
Fair, 1911'.
Tbe annual mtetina of tbe Farm
ers' Cooperative and Educaiional
Union of Ratidilph County met in
the court hous in Asheboro Satur
day, December 3. The obi-jjt of
the meeting was tbe election of offi
cers and the diccuesion of ways and
means to improve the conditions of
farming in te couuty. Eighteen
"locals" answeied the roll call, many
members being absent on account of
weather conditions.
The following officers were elect
ed : President, Lee M. Kearus, Hill's
Store; vice-president, Allen Macou,
Farmer ; secretary-treasurer, Wm.
R. Julian, Climax ; conductor, L.
L. Adams, Randleman ; assistant,
T. L. Adams, Kandleuian ; chap
lain, W. B. Lussiter; D. K., O. C.
Bonldin ; assistant, L. Marvin
Kearns, Farmer; county organizer,
L. L. Farlow.
Executive Committee.
I. Troy Redding, Randleman,
TboB. R. Gaddis Trinity,
A. B. Coltrane, Glenola,
J. R. Royals, Trinity,
R. L. Moffitt, Coleridge.
Jas. M. Allen and L. Marvin
Kearns were elected county trade
agents. The following were select
ed as delegates to the State conven.
tion to be held in Greensboro De
cember 14 :
Allen J. Macon,
Thomas Farlow,
Thomas Lawrence,
W. R. Lafsiter,
Wm. R. Julian.
The subject of teaching agricul
ture in tbe publio Ecbools of the .
county waa discussed,-and teachers
are urged to take np this important
branch, and put it before the pupils
as attractively as possible. An ed
ucational committee was selected to
confer with County Superintendent
Lateiter this week composed of :
Wm. R. Julian,
Beuj. Lanier,
Lee M Kearns,
M. Claude Yow,
J. M. Allen.
The subject of an exhibit of farm
products for the county fair to be
held in the fall of 1911 was next
discussed. During this discussion
Wm. C. Hammer, editor ' of The
Courier, was invited to address the.
meeting on the snbject of this fair.
Mr. Hamtr.er suggested the co-opera-,
tion of the Union with the chamber
of commerce, of Asheboro, which,
suggestion was approved by the meet-,
ing. The following were elected a?,
a conference commute :
Wm. H. Redding,
Wm. Clark Hmsbaw,
A. C. Cox,
L. Marvin Kearns,.
J. M. Allen, x
A. B. Coltrane,
W. L. Adams,
0. H. Craven,
Allen J. Macon.
The next session of the Union
will ne held in Asheboro February
25,1911.
ANOTHER OF THE OLD GUARD
GONE
One of the 7 North Carolina
soldiers who laid dc wn their arms at
the command of "Marse" Robert has
obeyed orders to lay down his arms
forever at the command of Jehovah.
William Alridge's last stand at the
end of seventy years of battle's was
against consumption which defeated
him at 3 o'clock a. m. Dec. 4.
Since Jannary 17th 1905, he had
been an inmate of the Soldiers Home
in Raleigh, and for some time the
only inmate from Randolph county.
He belonged to Co. M, 22nd North
Carolina, and served throughout the
war. He leaves no immediate family,
which accounts for his presence in
Raleigh. Randolph seldom allows
Neven the State to pare for her veter
ans, only 5 ever having entered the
Soldiers Home from htr confines.
Auditor Wood Makes Announcement
' To the more than one hundred
and fnrty thousand soverigns of
JNorth uarolina, who cast their bal
lots 1 or me on the 8th of November
last for State Auditor, I take this
method of assuring you of my gen.
nine appreciation of the confidence
then reposed in me, and hereby as
sure you that I will devote my best
efforts to fully perform all the duties
of that office. .
W. P. Wood.
State papers please copy.