the courier and
asheboro march
IN STEP—AHEAD
both ARE LEADERS
rp^j. WEEKLY
THE COURIER
Est. As The Regulator
February 2. 1876
PRINCIPLES, NOT MEN
Changed To The Courier
September 13, 1379
$2.00 A YEAR IN ADVANCE
Oldest Paper Published In Randolph County
ASHEI.QRO, N. C., THURSDAY, JUNE 17, 1937.
PUBLISHED TUESDAY, THURSDAY AND SUNDAY
NUMBER 5E
Jones Department Store
To be Enlarged; Double
present Size by Addition
iH. C. Jones Signs
lease Wednesday
a| With K. D. Cox Will
‘Double Floor Space 01‘
Ashcboro Jones Store.
Vacating Building
iRose Stock Transferred
Across Street; Moderniza
tion To Begin At Once.
Improvement in the business
section of Asheboro appears to be
a regular program during the
spring just passed and the present
early 'summer, which indicates an
increase in general business condi
tions of the town for fall. A deal
completed this week will mean a
large department store to add to
the town’s business district. Hen
ry C. Jones, manager of a group
cf eight Jones stores scattered
over l’iedmont Carolina, signed a
long-time lease Wednesday that
will double their floor space.
The building adjoining W. W.
Jones department store, now being
vacated by the Rose 5 and 10 cent
store and occupied by that com
pany for several years, has been
taken over by the Jones company.
K. D. Cox, owner of the building,
and II. C. Jones have completed
the deal for the long lease and the
contract for the many modern im
provements to the Cox building and
the present Jones department store
will be let during the week. The
Rose stock is rapidly being trans
ferred to the new store across the
street which opened for the Christ
mas trade.
Just w hat the plans for the mod
ernization of the building are is (lot
ready for announcement, but Mr.
Jones states that this additional
space was made necessary by the
constant increase in the volume of
the business in Asheboro. The
plan includes, the tearing away of
the wall between the adjoining
stores and a complete new and
modern front added to the two.
This increase will give adequate
room for one of the largest depart
ment stores in this section of the
state. It is the plan to add sep
eral lines of merchandise to the al
ready large stock of goods when
the store is completed.
The contract calls for the build
ing to ho vacated no later than
June 22 at which time work will
probably begin and be rushed
through as rapidly as is possible.
Jurors Drawn For
July Court Term
County Commissioners Select
Panels For Session;
Opens July 19.
The Randolph county commis
sioners, in special session Monday,
drew the jury panel for both the
first and second week of Superior
court scheduled to open in the
court house Monday, July 19.
The panel for the first week of
court is appended, l’aul Ham
mond, Asheboro; S. D. Lowe, Con
cord; Earl Shaw, New Hope; Carl
C. Brown, Columbia; C. G. Nance,
Concord; A. M. Underwood, Fran-1
Minville; R. C. Auman, Richland;
J. F. Brcwn, Coleridge; L. R. Bane,
Concord; O. R. Vickory, Columbia;
H' S. Kearns, Concord; Charles B.
Everhart, Randleman; W. P. Cow
ard, Liberty; W. P. Julian, Frank
linvilla; W. C. Tippett, Franklin
yffle; A. R. Winningham, Ashe
“°ro; A. W. Surrat, New Hope;
Herbert Kearns, Concord; D. L.
Loflin, Concord; W. L. Voncannon,
Union; Clayton Kearns, Coleridge;
John W. Burgess, Columbia;' W. F.
"ood, Concord; Guy Slack, Union;
A- M. Allred, Liberty; J. P. Staf
ford, New Hope; L. V. Brady,
Coleridge; J. O. Harker, Richland;
F. Brown, Brower and M. L.
Brown, Randleman.
The list for the second week is
as follows; T. M. Brown, Cole
ridge; James Shepherd, Liberty;
"• C. Myers, Tabernacle; N. J.
Boon, Richland; S. G. Brewer, Co
lumbia; B. A. King, Richland; G.
W. Brady, Brower; N. H. Luther,
New Hope; E. E. Kivett, Colum
bia; C. D. Kesler, Randleman; M.
U Woodel, Trinity; W. A. Fergu
son, Liberty; H. C. Patterson, Cole
ridge; J. E. Redding, Randleman;
, Pell, Coleridge; Zeb Fox,
Liberty; D. C. Poole, Cedar Grove;
Ernest Bean, Asheboro; Arthur
launders, Asheboro; J. F. Burk
Head, Asheboro; W. W. Staley,
Brower; Earl C. Cox, Coleridge;
Wilbur L. Cox, G. A. Richardson,
Randleman; J. B. Craven, Cole
ndge; Hal lie Smith, Asheboro; W.
L. Loflin, Concord; W. S. Richard
son. Richland; W. F. Hunsuckcr,
Asheboro.
Organizes White
Collar Workers
Lewis Merrill, above, 29, and
president of the new C. I. 0. White
Collar Workers Union, has 4,990,
000 more members to get to realize
the goal of organizing the 5,000,
000 office workers oft the country.
But he is undaunted by the task
and plans campaigns for members
in Hartford, Conn., Chicago, Los
Angeles and New York.
New Deal Leaders
Win Relief Fight
Defeat Amendment Designed
To I'ut Unobligated Funds
In Treasury.
Washington. — Administration
leaders ir. the senate won their
first clash on the $1,500,000,000 re
lief bill for 1938 when they defeat’
ed an amendment designed to re
turn to the treasury more than
$100,000,000 in unobligated balanc
es from .previous relief funds.
The vote was 25 to 53.
The amendment, occupying only
two lines in the 21-page appropria
tion measure, was put in by the
Senate appropriations committee
on motion of Senator Alva B. Ad
ams, (D.-Colo.), acting chairman
It took the Senate more than three
hours to strike it out.
The fight to reappropriate some ;
$223,000,000 which, it is estimated,
will be unobligated out of Sevan
previous relief and recovery ap
propriations on June 30, was led
by Senator Kenneth McKellar, (II -
Tenn.). McKellar reminded the
Senate that Works Progress Ad
ministrator Harry L. Hopkins had
testified that 120,000 persons now
receiving relief from the federal
government would be cut from the
rolls.
Half Million
Even without the use of the un
obligated funds, it will be neces
sary to take about 500,000 persons
off relief, Hopkins told the Senate
committee in its secret hearings.
Editor Horner Visits
Bill Horner of the Sanford Her
ald was in Asheboro Wednesday
afternoon for several hours and i
visited at The Courier office. Mr.
Horner has recently purchased a
new Duplex press of the same type :
as that recently installed by th:s I
newspaper. 1
Telephone Company Expands |
Quarters; Site is Remodeledj
Further evidences of the rapid
progress in the industrial and busi- j
ness life of Asheboro came in the
announcement today that the own
ers of the building at the north
west corner of Fayetteville street
and Sunset avenue would remodel
it to provide space for the future
expansion of the offices and equip
ment of the Central Electric and
Te'ephor.e company.
J. D. Ross today stated the sec
tion of the building in the rear of
the B. C. Moore and Sons depart
ment store was now being over
hauled and remodeled to provide
one large office on the Fayetteville
street side and a modern basement
store to be leased in the near fu
The addition will enclose the for
mer open entrance to the base
ment location and will be two stor -
ies in height. The present en
trance to the telephone office will
be retained as an entrance to the
offices located on the second floor.
A new entrance will be placed on
Governor Makes
Appointments Of
Judicial Places
Eiffht Outstanding Men Are
Named Itv Governor Hoey
For Important Posts.
j Completes Vacancies
^ Ali Appointments Effective
j On July 1; Selections From
\ arious Sections.
I rhe appointment of eight judges
on Wednesday filled all judicial va
cancies in tile state. The appoint
ments, which will be effective on
July 1st, will be for two-year
| terms for the special judges and
l the regular judges to serve until
1939.
Supreme Court Justices M. V
Barnhill of Rocky Mount and J.
Wallace Winborne of Marion.
Regular Supreme Court Justices
Edward C. Bivens of Mount Airy
and Walter J. Bone of Nashville.
Special Supreme Court Judges
Luther Hamilton of Morehead City,
j C. V. Covvper of Kinston, Frank S.
j Hill of Murphy and Sam J. Ervin,
I Jr., of Morganton.
Supreme Court Solicitor Erie
McMichael of Winston-Salem.
All appointments are effective
| July 1—the special judges for
j terms ot two years; the regular
judges until January 1939.
The long-awaited appointments
I of Barnhill and Winborne answer
ed the question of who would fill
the two extra bench positions made
by the popular mandate that the
Supreme Court be increased front
five to seven, and at the same time
opened two new vacancies.
Governor Hoey temporarily an
swered the question of who would
succeed Barnhill by naming Walter
Bone of Nashville, law partner Tf
Congressman Harold I). Cooley, to
fill the term which expired in De
cember 1938. The coincident an-'
nouncement that Itimous T. Valen
tine, Bone’s fellow townsman and
Cooley’s campaign manager, wou'd
seek the nomination next June left
I the question answered temporarily
only.
Likewise the matter of who
should fill the chairmanship of the
I State Democratic Executive Com
mittee, a post held by Winborne for
the past five years, was considered
by the Governor, who said he
would recommend the election of
It. Gregg Cherry of Gastonia,
Speaker of the 1937 house of rep
resentatives.
The Governor said he would de
j liver Winborne’s resignation to D.
L. Ward, State Democratic secre
tary, who will call a committee
meeting “at some future date to se
lect a chairman.”
The new 21st Judicial District, to
which court Bivens was appointed,
includes Rockingham, Caswell, Sur
ry and Stokes counties, taken from
[the old 11th district. Solicitor Al
len Gwyn will by virtue of his re
sidence in Reidsville serve as 21st
district solicitor.
In his place in the 11th, McMi
chael will serve with Justice J. H.
Clement, present judge of the dis
trict comprising Forsyth, Ashe and
Alleghany counties.
Judge Hamilton, former Carter
et county representative, is the
new special judge. Judges G. V.
Cowper of Kinston, Frank S. Hill
of Murphy and Sam J. Ervin, ,7'r.,
of Morganton were all reappointed
Their present terms expire June
30.
The recent appointments of
Judges W. H. S. Burgwyn and Hu
bert E. Olive complete the special
judge roll call and marks the first
time all six authorized by the Leg
islature have been appointed.
The act of the legislature requir
ed the appointment of three from)
the East and three from the West.
Judges Cowper, Burgwyn and
Hamilton represent the East, and
Judges Hill, Ervin and Olive rep
resent the West.
the Fayetteville street side for the
utility company. The new oftice
space will be on the street level
while the entrance to the base
ment quarters will be on Trade
street.
While nothing definite has been
arranged for immediate extension
of the telephone equipment has
been announced it is understood
the company is planning on an ex
tension of its switch board facili
ties as soon as the new quarters
are ready for occupancy.
The building is one of the oldest
brick building in Asheboro. Last
week the Moore department store
company took over the quarters
formerly occupied by the Alle.»,
store company and is enhancing
the appearance of the building on
the Sunset avenue frontage. The
remodeling now going on along
Fayetteville street will bring the
entire structure into the modern
and up-to-date mart which has
marked Asheboro’s growth during
the past few years.
I
Evans Cleared
Court Frees Driver Held
In Connection With
_Miller Accident.
Justice of the Peace, L. C.
Phillips, sitting as an investi
gating magistrate Tuesday
night, dismissed the reckless
driving charge brought against
Wesley Evans of Asheboro in
connection with the death of
George T. Miller. I
Miller died in a Durham
hospital Sunday, June 6, about
four weeks after he had beeif
injured in some undetermined
manner near Cedar Falls.
The charges involved reck
less driving and running over
Miller in a manner which re- '
suited in injuries and his sub
sequent death. Justice Phil
lips yesterday said, the evi
dence submitted, failed to con
nect Evans with, the man’s in
jury. He was discharged.
Miller was found on the
highway near Cedar Falls by
Evans and relatives of the in
jured man. At the time Mil
ler had been riding in the au
tomobile, which Evans was
said to have been driving. He
left the car, according to po
lice reports, but later was
picked up unconscious by the
same party. They took him
to the Randolph hospital
where it was ascertained he
was suffering from spinal in
juries. Later he was taken to
the Durham hospital where he
died.
R. L. Pope Praises
Kiwanis Efforts
Guest Speaker Says Service
Clubs Are Great Help
To Communities.
After a delicious chicken dinner
served by the ladies of the M. E.
church the Kiwanis club Tuesday
program was turned to Eddie
Hobbs and John Neely. The for
mer introduced the latter and the
latter introduced the speaker of the
evening, R. L. Pope, of Thomas-*
ville.
Mr. Pope is one of the state’s
prominent bankers and is slated
for the presidency of the North
Carolina Rankers association nex£'
year. He is also one of the most
popular and sought for after din
ner speakers in this section of the
state. He chose as his subject “Is
the Service Ciub Worthwhile”, and
showed conclusively that it is
worthwhile. Mr. Pope’s address
was marked with wit and humor
for which he is so well known. It
proved to be one of the most de
lightful programs the club has en
joyed in many weeks.
It was announced that the club
would be host to fatherless boys at
the next meeting, with the program
in charge of Jake Powell and Jer
ry Ford. Jimmy Webb was com
plimented for being the only 100
per cent Kiwanian present, having
been present at every meeting since
his initiation.
Programs for the next three
months were announced and a copy
given to each member present.
Home County Boy
A Success in City
(irady Byrd On Festival
Group In Asheville;
Born Near Here.
Grady Byrd, a native of Ran
dolph county and a cousin of F. K.
Byrd, who is connected with the
Jones department store in Ashc
boro, was one of the committee
which arranged the 10th Annual
Rhodondendron festival in Ashe
ville this week.
Grady Byrd, as many residents
of this city will recall, spent most
of his boyhood days in Randolph
county leaving when a young man
to accept a position with Elird’s
department store chain. He was
employed in Rock Hill, S. C., for
sometime and later managed the
store in Greensboro. He is now
manager of the Asheville store, the
second largest in the eastern chain.
Mr. Byrd, whose photograph
was published in the festival edi
tion of the Asheville Citizen-Times,
is a director of the Merchants as
sociation and a past president of
the Asheville Chamber of Com
merce. He has been active in all
community affairs in the western
city where he has been in the retail
business for the past eight or
ten years.
Scouts Camping
Troop 24 of the local Scouts have
have returned from a day and
night’s camping trip to Maple
Grove dairy. The boys, about 20
in number, went out Wednesday
morning, returning Thursday aft
ernoon.
THE WEATHER
North Carolina: Partly cloudy
tonight and Friday. Probably
thundershowers.
jCity Resurfacing
Hoover Street; To
Test New Mixture
Greystone Residents Com
plain At “Dust Storms”;
Cause Damage.
Council May Act
Hoover Street Job May Pave
Way For Other Similar
Projects.
Employes of the Asheboro street
department are now engaged in
applying a road surfacing material
manufactured by the Sbtvay Sales
company on the roadway of Hoov
er street between Church and N
Park street. The work is under the
direction of an engineer sent heie
by the Solvay company.
Property owners along the street
are carrying the cost of the mater
ial while the city is supplying the
laborers. The surfacing material
is applied after the roadway be<;
has been scraped and leveled. Af
ter its application the material :s
to be worked into the top soil and
then rolled out.
It not only acts as a dust layer
but serves as a top binding-coal
leaving a smooth surface to carry
off surface water. The company
plans the work on Hoover street as
a test. In event it proves success
ful the city may carry on similar
work on other streets in the city.
Greystone Complaint
Property owners in Greystone
Terrace, according to information
obtained this morning, have made
several applications to the city
council looking for relief from dust
damage caused by the heavy auto
mobile traffic Wednesdays and Sat
urday’s following basebail games
at Lindley field. According to the
residents, many of them owners of
recently constructed homes, ail
windows, in the dwellings have to
be closed to prevent “dust storm?"
damaging their household goods
during the heavy traffic.
The dust arises from the high
way leading from Greystone to the
ball field. This highway has no
artificial surface, being composed
of sand and clay. The lighter col
ored homes, in many instances, are
■already taking on a dirty and aged
appearance caused by the dust.
The council is considering tht
application and may make some
move to better conditions when the
test of Solvay material now being
placed on Hoover street is com
pleted. This material, it was
pointed out today, would terminate
the dust damage but might not
prove satisfactory over a long pe
riod due to the heavy traffic over
the road.
Caldwell County
Has Gala Affair
Will Open New Agricultural
Building With Special
Program and Speakers.
With the opening of Randolph
county’s new and attractive agri
cultural building with its occupa
tion by the offices of the county
farm bureau, Tuesday, attention
has been called to a similar affair
schedled in Lenoir, Caldwell coun
ty, Saturday, June 20.
The opening of Caldwell coun
ty’s building is to mark a celebra
tion in which the county commis
sioners, civic organizations, the
American Legion, Rotary and Ki
wanis clubs, the Chamber of. Com
merce and the Board of Trade of
Lenoir will participate.
Congressman R. L. Doughton,
one of the state’s and nation’s po
litical leaders will be the principal
speaker at Lenoir. Dean I. O.
Schaub, director of extension ser
vice in North Carolina is also slat
ed as a speaker for the Caldwell
opening.
The building in Asheboro was
opened with no' official ceremony.
Cranford Structure
Will Be 2 Stories
Highway Department May
Take OH ice Space On
Second Floor.
C. C. Cranford, who is construct
ing a new building in the rear of
the Asheboro postoffice building
today announced he plans a full 2
story structure.
The lower floor has been leased
to the Allen Stores company which
recently vacated its quarters on
Sunset avenue.
The upper floor of the building,
it is understood, will house the of
fice of the new Sixth district high
way department.
Well Baby Clinic
The next well baby clinic in
Randolph county will take place
Wednesday, June 30, in the health
department office in the court
house. These clinics are scheduled
for the last Wednesday of every
month.
Randolph County C ranted $4,088
P. W. A. Project: \ir Renovation
And Cleaning St1' -ool Structures
James Green Declines Offe *
01* Welfare Superintendent
—
James Green, of Sea grove,
who has taught in Randolph
county for a number of years
and at Seagrove for the past
six years, on Wednesday gave
his definite decision to the
board of commissioners and
welfare board of the county,
not to accept their offer as su
perintendent of welfare for
Randolph. The position was
offered Mr. Green on .Monday
ai a joint meeting of both
county hoards. On Wednes
day morning when Mr. Green
came to Asheboro to give his
decision. he thanked the
boards for their offer but re- |
Pension Checks Arrive For
Local Confederate Veterans
News Flashes |
-— from
Everywhere
Lobby Committee
Washington. — The House re
ceived yesterday from Representa
tive Dies, Democrat of Texas, a
proposal that it establish a stand
ing committee to investigate lob
bying. He offered his resolution
a day after President Roosevelt
called the sugar lobby pernicious.
Kidnap Hunt
Stony Brook, N. Y.—Lack of
lighting facilities in a dense thick
et near the home of the missing
Mrs. Alice Parsons kept seeret last
night the purport of digging ac
tivities which caused a flurry in j
the investigation into her disap-;
pearanee. \
Railroad Rates
Washington. — Class 1 railroad j
asked the Interstate Commerce
Commission today for an increase
in the general freight rate strut--1
ture because operating expenses
are increasing “by leaps and
bounds.”
Murder Trial j
Riverhead, N. Y.—Appearance
on the witness stand of the man
for whose love the state charged
she plotted to kill her two children
broke for the first time today the
passive mien Mrs. Helen Tiernan
has displayed since the start of her
trial for murder.
Commissioners To
Hear Grievances
Board Will Meet Monday In
Court House; Property
Owners Invited.
Property owners in Randolph
county who have complained at the
assessed valuation of their hold
ings will have an opportunity of
voicing their objections before the
county, commissioners Monday
morning. The board will meet in
a special session to hear- grievanc
es.
Property owners who have lost
interest by fire, removal or altera
tion of buildings, timber cutting or
from other causes will be heard by
the board. Complaints regarding
alleged unjust equalization will al
so be heard by the county commis
sioners.
The meeting will take place in
the court house.
Charles Ross is Reappointed
N. C. State Highway Attorney
W. Vance Baise, engineer for the
state highway department, and
Charles Ross, attorney, have both
been reappointed by Governor Hoey
to finish out the term of their of
fices, which will be four years.
Charles Ross is a prominent at
torney of the state, living at Lil
lington for many years. He is a
native of Randolph county, how
ever, a son of the late R. R. Ross,
former sheriff and postmaster of
Asheboro. He is a brother of Ar
thur Ross, textile man; J. D. Ross,
banker; L. F. Ross, and Miss Es
ther Ross of the Home Building
Material company, all of Asheboro
and George Ross of Raleigh.
Despite the many North Caro
fused, preferring to remain in
school work in the county. It
was Mr. Green’s opinion that
he could better serve the coun
ty in this field than in the
welfare office which was offer
ed him.
It will now be necessary
for the two boards to meet
and go into the matter again.
This will probably be done
within the next few days. 'The
(wo boards are confronted with
a double problem, that of the
wise selection of a superin
tendent and of one that will
meet the requirements stipu
lated by the state board.
Only Foui- Survivors Left In
Randolph County; To
Change Widow Laws.
Randolph county has but four
surviving veterans of the Confed
erate army. These four men,
according to tabulations in the
office of Rufus F. Routh, Superior
court clerk, reside in different sec
tions of the county and represent
three different regiments and one
special duty assignment. June
pension checks for these four vet
erans and for class A widows of
veterans are being distributed by
Mr. Routh this week.
The four veterans include John
T. Dickens, Franklinviile, company
F, 50th Regiment; Thomas D. Mc
Master, Liberty, Company E, 63rd
Regiment; Mike Reitzel, Ramseur,
Company E, 27th Regiment, and
> A. J. York, Ramseur, prison guard..
The veterans are pensioned at the
rate of $1 a day. The funds are
appropriated by the state.
Checks for seven surviving class
A widows will be distributed while
the class B pension checks will not
be available this term. All class
B widows must apply to the State
Old Age Board for pension. In
event that board refuses relief the
pension system will continue in in
dividual cases.
The class A widows include: A
manda Callicott, Susan R. Henley,
Margaret S. Lassiter, Susan Swing,
Jane Turner, Eliza Tysinger and
Jane Varner.
The names of the class B wid
ows are: Betsy Brady, Nancy C.
Brown, Margaret Cranford, Mrs.
W. S. Crowson, Annie Davis, M.
Ellen Foust, Mary Free, Delia L.
Goins, Samantha Hardister, Eliza
beth Jane Lilly, Mrs. A. C. Lyndon,
Mary E. Rightsell, Mary P. Scar
lett, E. Siler, Ella Spivey, Mrs. R.
C. Stokes and Claudia A. Younts,
Start Planning
For County Fair
Ogicers of the Randolph fair
association are meeting this week
to make some definite plans for
the annual fall event. They will
revise the catalog and shape up de
tails for the fair.
The officers also urge the people
of the county to make plans. Now
is the time to plant and sow seeds
for the exhibits, which are always
a vital part of the fair. House
wives are urged to keep the fair in
mind when canning fruits and veg
etables during the summer
months.
An innovation in the exhibit
building this fall will be the sec
tion devoted to the agriculture
clubs, 4-H and the like. Al
ready, according to several of the
officials, there is widespread inter
est.
linians who would have Mr. Ross’
scalp during the shake up in the
highway department, Frank L.
Dunlap, new head, and Governor
Hoey have announced the reap
pointment of Mr. Ross who is said
to be “as necessary to the hign
way department as concrete and
higher mathematics.” His many
friends in Randolph will be inter
ested in his reappointment.
Mr. Baise W'as named during the
Ehringhaus regime after the death
of John D. Waldrop, who was kill
ed in a highway accident. The
reappointment of Baise is consid
ered, as is the case of the attorney
as one of efficiency rather than a
political stroke for popularity.
Other Proposals In
Federal Office
Superintendent Rulla Seeks
Funds For Buildings;
Ground Repair.
90 Out Of Work
County Ranks High In Non*
Relief Status; Forty
Men Listed.
Randolph county, today was al
lotted $4,088 by George W. Coan,
Jr., state Wl’A adminstrator, ac
cording to an announcement made
at Raleigh. The funds will be used
by the county school board in ren
ovating and cleaning several school
houses in the county. County Su
perintendent of Public Instruction
T. Fletcher Bulla today said the
funds would provide work for from
ten to twenty women. The county
is to provide materials including
soaps, brushes, etc., for the work.
Superintendent Bulla has filed
with the Wl’A adminstrator an ap
plication for a project covering ne
cessary repairs to school buildings
and grounds. No action has been
taken on that application.
It provides a way to absorb all
the idle certified relief workers
including approximately 50 women
and 40 men. With the completion
of the agricultural building the
only other projects now under op
eration include one small one at
Randleman and minor repairs and
alterations to the Asheboro water
system. This idleness, Mr. Bulla
said, leaves about 90 certified re
lief workers out of employment.
Randolph county has maintained
a fine record in the state with a
decided small number of persons on
relief,
Carolina Jurist’s
Ruling is Upheld
Kerr-Smith Tobacco Control
Act Declared Unconstitu
tional June 14th.
The United States circuit court
of appeals for the fourth circuit af
firmed a decision of Judge Johnson
J. Hayes, of the middle district of
North Carolina, declaring the Kerr
Smith tobacco cohtrol act unconsti
tutional in an opinion handed down
at Asheville, on June 14.
The opinion, written by senior
Circuit Judge John J. Parker, of
Charlotte, was based on an appeal
brought by Charles H. Robertson,
collector of internal revenue,
against Janies P, Tavlor, of Staley,
N. C.
The Kerr-Smith statute imposed
a tax of 25 per cent to 33 1-3 per
cent on the first sale of tobacco as
a means of regulating the produc
tion and marketing of tobacco. The
tax was applicable to the 1934 and
1935 tobacco crop years. The act
was repealed by Congress on Feb
ruary 10, 1936, soon after the Ulift
ed States Supreme Court held the
Agricultural Adjustment Act un
constitutional.
The government sought to sus
tain the measure as a valid exer
cise of its taxing power, and did
not contend that the statute was
valid under the Commerce Clause
of the constitution.
Judge Parker said, “It is clear
*** that as an exercise of this (the
taxing) power it falls squarely
within the condemnation of U. S.
v. Butler, 296 U. S. 1 (the Triple
A case). The tax is imposed not
as a means of raising revenue, but
as a mere step in a plan for the
regulation of agriculture.” It was
further pointed out that “such a
statute is invalid even under the
views expressed in the dissenting
opinion” in the Triple A case.
The senior Circuit Judge conclud
ed that “A statute taxing sales not
made in accordance with the plan
adopted by the secretary of agri
culture for the control of the pro
duction and marketing of tobacco
is certainly a use of the taxing
power to coerce action with respect
to matters ‘left to state control’.”
In the United States district
court for the middle district of
North Carolina Taylor sued to re
cover the sum of $314.32 in taxe3
collected from him under the terms
of the Kerr-Smith Act on the
ground that this act was unconsti
tutional.
Mr. Taylor was represented in
the litigation by Whitman & Mot
singer, attorneys, of Winston-Sa
lem, and Robert H. McNeill, attor
ney, of Washington, I). C., who al
so represent several hundred other
claimants. From these and other
growers the government collected
$1,500,000.00 in taxes under the
Kerr-Smith Act in North Carolina
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