Newspapers / Asheville Citizen (Asheville, N.C.) / May 30, 1922, edition 1 / Page 1
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THE WEATHER WASHINGTON. May M.Forecait for North Carolina: Fair Tuesday and probably Wednesday, little change i temperature). Approval of Soldiers' Bonus Bill By Senate Committee Forecast ) OUSE MEASURE Expect Bill to Be Report ed Out in the Imme diate Future. M'CUMBER READY TO PRESS FOR ACTION Question Whether Bonus Should Replace the Tariff Bill. WASHINGTON, . May 29r Ap--oval by the senate finance coin lttee on Wednesday nf a soldiers' . mus bill following closely along j ,e lines of the house measure Ith its bank loan provision was irerast today by members of that .ommittee, republicans and demo crats, after the subject had been Uscussed for nearly two hours. An informal canvass of the com mittee today Indicated that the members were divided, 9 to 6, for the house measure with some modifications the, so-called Mc Cumber plan. Five members, all epublicans, were reported in fa or of the Smoot proposition of paid-up life insurance for the vet erans in lieu of all other forms of ompelition, while one committee nan. Senator' "Williams, democrat. f i.r 1 eai nni u-aa linitaratnn.1 t V... posed to any bonus legislation. Iwhether a land reclamation pro lusion is to be included in the Mo- "umber plan Is an open question nd consequently it may be some ime before a bonus bill is reported i the senate. Chairman McCum er is anxious, however, that the till be reported out In the im- nediate future and he expects to iress for action as speedily as is ossible. After reaching the senate, the '11, in the usual course, would go the senate calendar to remain t til called up by Senator Mc umber. There is a difference of pinion among republican leaders ia to whether the bonus should displace the tariff bill at any time ioon so the probable time at which he senate will get into the bonus tight is indefinite. Senator McCumDer n at the jiniOn that the senate can flis soae of the measure .with a few days of consideration, but his view :s not shared by all leaders. Op ponents of a bonus in any form as well as opponents of the amended house bill are prepared for a long lisrussion of the question. Both the McCumber and Smoo,t plans have been outlined in some ielatl to President Harding with a view of obtaining an expression "frif opinion from him but the com mittee went ahead today with their consideration, without having re- jjivcu iuiy nuru jrum tut- cn u y. Proponents of the McCumber iiuii lurm ul minus u j,i:v.ro 'y congress, but publicity at least he President has given no indlca !on of a change ot mind since he old the house ways and means ommittee to finance the bonus "ith a sales tax or postpone en- ctment of the legislation. Aside from a provision to pay 'lh to veterans whose compensa pn would not exceed $50, tho Mc jumhr plan would provide for idjiistcd service certificates on vhleh banks would be authorized 'i loan funds during the first iiree years and tho treasury there fter during the 20 years of the fe of the certificates. The certi fies would "have a face value iual to about three times the nount of the veterans' adjusted rvice credit at the rate of II n y for domestic service and $1.25 day for foreign service and the "tal would be payable at the end f 20 years' or sooner, upon the awv of the holder. (There also would be provisions vocational training and home ''Ham aid. These and the cash "1 c tlflcate features are almost dentl! with those in the house ill. H (it the land settlement, or clam itlon feature in the house 'team1 re has been eliminated. here Is a movement in both the nat and house to haves some kind t a reclamation provision put nto the bill and a special Jt-e4mmlttee nf republican-mem- of the finance committee earlngs today on that E FAILS TO FIND YOUNG BANK ROBBER A - : - EENSEORO, N. C May 29. n posses and sheriff's depu Iliad tonight been unable to, any trace of a young white '. who this morning about 11 ' ck boldly walked into the lit- ,'hank at Summerfleld, 13 miles rlnir both )hler Howard Simpson and Tik Director B. H. Hoskins with ''vnlver, took $1,500 in currency m tno hank and backing out oi i htilldirig walked across the ''in highway, across a meadow of vprai acres and disappeared in " woods. The robbery this morning was nilar to that of a week BO hen a young whit? man, Grady ,Pr"iison, entered the Bank of 'Biidlernan near here and holding B 'WO hnnlf nfflolnls tnolr SfiOO In ?h d disappeared. Ferguson is at. large Rnd it is said that the "wiption of the Summerfleld ft robber fits that of the Ran 'man robber. In a few mlnntna fter the rob ,ry this morning, citizens of the Jmmerfleld section were search- woods for th bandit and n afterward Rhnrlff Stafford 1J "Is deputies ioined in the OHITT FAVORS rr K sneH h Roon h. Th m-H.hnnt continued T11 well after dark but without THE ASHEVILLE CITIZEN ESTABLISHED 1868. n ' i Store h Burned Memphis Department Store Sustains Damage of Around $750,000 MEMPHIS, -JVnn . May 29. Fire "t undetermined or isiit. hut be lieved to have started from defed ive electric wiring, late today gutted the two upper floors of the Bry-Moc Mercantile company, here, one of the largest depar.mcnt stores In the south, causing dam age of $750,000, principally trom smoke and water. Hundreds of . employes barely escaped from the building, as fanned by a high wind, the flame swept through a frame loft erected for storage purposes on the roof of Ihe seven story building and spread to the main structure. Several suffered minor injuries and were taken to their homes iu ambu lances. The fire was confined to the loft and the two upper stories, but the store officials say the stock in the lower floors will be almost a total loss from water and smoke. BAGDAD DGKAYS IN BIO CEREMONIAL Forty-nine Asheville Do kays in the Divan, Team and Band. (SmltU rwrtnonincr, Tltt J.rdl niters J WINSTON-SALEM, May 25. This city was Dokay town today. Several hundred of the gay cos tumed members of the order were here tonight for the big ceremonial at the armory, where about 100 were Initiated. The members of the Bagdad Temple arrived yesterday after noon, from Asheville and immedi ately went to the Zinzendorf hotel where they registered. Last night with the local Dokays, they attend ed services at the home Moravian church. All the members of the club wore their full regalia and at tracted much, attention. Forty.nine men made the trip from Asheville with the Divan and brigand team and this morning oilier members from the Ragdad Temple arrived, making a delega tion of 75. One of the most inter esting features of the Bagdad Temple was the band that is com posed of 20 pieces, and every mem ber Of this organization has seen service overseas. During the day the vlsliors were shown through local. tobacco plants and given instruction on tho man ufacture of cigarettes and smok ing tobacco. After a big parade a Brunswick stew was served on the big lawn ..of Ihe city heakh de partment. The first demonstration put on for the benefit of the townspeople was the drill and band concert at noon, by Bagdad Temple, dolled up to the very notch. The demon Hlratinn was watched by a great throng of people. . At 2:30 o'clock this afternoon the Tvros and rookies were enter talned on the courthouse square and at 3:30 a royal welcome was extended to the visiting delegates and Tvros from Greensboro. One of the many celebrities present at the ceremonial today was Major Mertz. ot naiisuury, known as the smallest Dokie in America. LYNCHBURG DEPARTMENT STOKE UAJWUtU .iuu,uuu irvfiiDrnfi Vn TnV 23. Fire ot undetermined origin which broke out at 8.10 o'clock tonight in the third floor of .the J, R. Millner de partment store, caused an mate damage of $300,000 to that firm and to the Moore Stationery com pany and the Western Telegraph company, ail on Main street. Prac- tlcally all tne loss i- - surance. At 10 ocIocK tne nre ii unuci control despite the bursting of a water main which threatened to negative the efforts of the firemon. iinnn' cndPtniAnt store ncru- pies four floors In its own building ana tne two iov nuui ii ." r - ern building owned ny irm u -ti'atr- (vimlnr -throtirh the ceiling did uneslimated damage to tlie Western union niuijiuicm, interrupted its service. Moore Sta tionery company's loss wrs due en tirely In water anppum uuukn u perlshahlft stock, W(.TC KEDITOTIOX WIMi AtTIXrr 400,000 MEN rtncififl. Mi? 23. Mainte nance of way employes of the na tion's ro.iways toosy race a . 000,000 wage reduction effective July 1. The railroad labor board lint night promulgated the order wharh afficts 400.000 men. This o.-der, the $400,000,000 slash of 'ast Jul; and orders affecting other classes, if they carry the same ralUv of reductions would place railroad labor where it was before t,.e $60C,tiOO,000 increases of May, i .I in Impending decisions governing the wages of 500,000 railway shopmen, '00 000 clerks, telegraphers, station emnloves and other classes, were ex . ; fniintv clnselv unon last night s order, which cut the pay of maintenance oi """" one to five cents an hour. -,-wrta T)TIVCtn A V" (B BROCK BAMLKYi RALEIGH. May 29.-Qovernor Mnrrimn today appointed Dr. Alonsa K. "f CharlottTa member of the stiff of visiting physicians for the hospital t Morganton Dr. Myers, nospuai , known physl- rf."..Tewated with a high WINSTON FEATURE French medal Way 20. "DEDICATED IS OF I I Baseball Not Interstate Commerce, Supreme Court Decides. TRANSPORTATION OF PLAYERS ESSENTIAL Case Unique and One of the Few of Its Kind to Reach Highest Court. WASHINGTON. May 23. Pro fessional baseball, as conducted by teams operating under the nation al agreement, is riot interstate commerce and organizations form ing the various leagues cannot be prosecuted under the Sherman act as combinations in restraint of commerce, the supreme court to day decided In a case brought by t'le Ha.timare, club of the detunct Federal league. Contending that it had been the victims of a conspiracy by which the oltlcials of the Federal league had "sold out" to the Natlunal and tlie American leagues, the Balti more club entered the federal court at Philadelphia, but per mitted Its suit to lapse pending negotiations with representatives of organized baseball for a satis factory settlement. Failing it in stituted a suit under the Sherman acHn the courts of the District of Columbia, claiming triple dam ages for the losses It had suffered when the Federal league dis banded. A verdict for $SO,000 was ob tained before a jury in the su preme court of the district, which was troubled under the Sherman act and made $240,000 but this was set aside by the district court of appeals. The opinion of the supreme court, delivered by Justice Holmes, held that games by teams in the rational agreement "are purely state affairs." The transportation of players was described as "a mere incident not the essential thing." "That to which it is incident, the exhibition, although made for money." it was added, "would no! be culled trade or commerce in the commonly accepted use o' those words. Personal Effort Not Subject of Commerce. "Personal efforts," constituting the professional game Is "not re lated to production," the Justice aid, and "is not a subject of com merce." "That which in Its consumma tion is not commerce," he declared "does not become commerce amng slates because the transportation that we have mentioned, takes place." . ... " ,-...' . A professional bsebali player in traveling the circuit; he said, is no more engaged in interstate commerce than would be a "firm ot lawyers sending out a member to argue a case" or a "Chautau qua lecture bureau sending out lecturers." In neither case, Jus tice Holmes pointed out, does the person engage in commerce simp ly by going into another state. Baseball Is something that thrives on contests but not often have the disputes of the diamond reached the supreme court of the United States as in the Baltimore Federal League baseball case. Although the case was unusual in this history of the nation's highest tribunal those pres ent In court during arguments recall that several of Ihe justices displayed surprising familiarity with the more intricate features of the national game. The ease was a ' civil proceeding under the Sherman Antl Trust law brought by stockholders In the Balti more club of the defunct Federal League to recover alleged damages suffered by the dishanding of the league after a stormy life. The disbanding occurred under what Is generally known as the "peace agreement." The proceedings were instituted In Ihe District of Columbia supreme court September 20, J9I7, after a similar action brought1 In Philadelphia had been dismissed on motion of counsel for the Baltimore club. Organized baseball ODeratlng under the commonly termed national agree ment was charged by the Baltimore club In its suit asking damages amounting to $300,000, with mainte nance of a monopoly of tha baseball business In restraint of trade oe- tween the various states. The Bal timore club alleged that It bad been damaged to the extent of $300,000 on account of the failure of the Federal league. The district supreme court upheld the Baltimore clubs conten tions In the main and returned a verdict of damages amounting to dO.OOO which under Sherman Anil Trust law proceedings ia trebled. The court of appeals of the district re versed that decision and dismissed the case on the ground that profes sional basuball is not Interstate com merce. The Baltimore club then ap pealed to the supreme court. The supreme court. of the United States was called .upon to - decide more than whether the Baltimore club was entitled to recover $80,0W damages from organized baseball. A derision li favor of the Baltimore club meant that the government al though not participating In the case would ba able If It chose to proceed criminally agalifst organized baseball as an unlawful monopoly In restraint nf Interstate commerce In violation of tne phernpn act. Counsel fof the Baltimore club be fore the supreme court arguid that the court having held constitutional the white slave traffic act on the ground that the transportation of In olviduals across state lines const! lutea interstate commerce over wnicn congress nan jurisdiction there could be no doubt that tin trans portation by clubs of professional baseball players across state lines in filling schedule engagement also was interstate commerce. Travel Incident Neeegsarr The travel Incident to professional baseball, counsel for the big league contended, Is not the end In view but merely the means of getting the players where contests are scheduled to be played. The mere fact that players habitually and necessarily cross state lines does not const) :u'.e legally a material circumstance, It was Insisted. Nor does the trans portation of paraphernalia, an Inci- ' dental and subsidiary feature. strengthen the Interstate contenting counsel asserted, any mora than does the carrying Dy me pnyaician a.i: the aurgeon of Instruments from one state Into another render them sub lert to federal Jurisdiction. The world's championship series. the crowning feature of the national ICmMmm' Par STvtl HDD BASEBALL HOI THE SHERMAN AG TO THE UP-BUILDING ASHEVILLE, N. C, TUESDAY AREELATEDTHAT RAILROADS MUST PAY STATE TAX Compelled to Pay Taxes Without Waiting Final . Decision In Case c!Tiai nawi arwt.n . TAMmfeOrQH lot ci. Il SRorg HHKLtY) RALK1GH. May 29. Advices from W ashlngton of the supreme court's refusal to grant a restrain ing order deJaylng the collection by the state from the railroads of around $750,000 of tax monev in dispute was received with elation by officiuls here. The action cf the court means that the five railroads which insti tuted suits against the state taxing authorities, alleging unjust prop erty valuations, must pay-the dis puted taxes without waiting ftr the final disposition ot the case before the federal tribunal. The state and counties are ex pected to receive the full payment at an early date, placing at their disposail tax money which other wise would have been held up un til some time next winter. E STILLILL OR 0F20TH LDISTRIGT Agreement to Abide by G. O. P. Convention Is Fatal to Jenkins. ffii'cdi Crrnpmdrnf. T'M Aikrvillt CitUen) BRYSON. CITY, May 29, Theodore M. Jenkins, republican lawyer of Hobbinsville, had an In teresting experience with a real old-fashioned steam roller when his aspirations to be solicitor of the Twentieth Judicial district came out of the republican Judicial con vention held here resembling a flounder or a pocketbook that had been tread upon by a pachyderm. Mr. Jenkins, of Hobbinsville, and E. P. Stillwell, of Sylva, were can didates for the republican nomina tion for the post of prosecuting attorney for the district of the ex treme west until late Saturday aft ernoon when the roller had rolled and Stillwell alone was left to view the wrei kage of Jenkins' lost hope and ot George Ward and John B. Ensley sitting astride the might machine as it pondered its pon derous way. Hence both filed their names with the state board of elections as candidates for the office and Jen kins had the up on Stillwell had the fight gone to the primary, or at least his friends so claim. When the pow-wow convened of the re publicans of the Twentieth Judicial district in Bryson City the Stillwell forces induced Mr. Jenkins to agree to let the convention settle the fight and bothr candidates agree to abide by the decision ot the convention. The Jenkins people thought that the convention would nominate him and gladly agreed to the arrangement, but when it came to a vote there wag discord among brethen. Haywood and Jackson cast their solid vote for Stillwell: Swain gave Jenkins 10 and Stillwell 2; Cherokee and Gra ham went solidly for Jenkins; Ma con, to the suprise of Jenkins' sup porters, was not represented and when Clay was called the storm broke. The vote as given above made a majority of 1 for Stillwell. Clay sent no representation, but wired the chairman of the conven tion to cast her vote for Jenkins which would have nominated him had the instructions of the Clay county convention been carried out, but the chair ruled that the telegram from Clay was not roper ' representation for that county and Stillwell was declared the nominee. Wired Proxy Proves TU Juker. The Jenkins forces went away apparently satisfied but decidedly sore. They know that had the votes of Macon and Clay been cast In the convention their man would have been the nominee. The bal loting in thei convention showed that had Chairman John B. Ensley, of Jackson county, admitted the wired proxy of Clay, the Graham county man would have been en dorsed Instead of the Jacksonlan. They felt sure that were the tight carried to the primaries Jenkins would win by a big majority and they knew before the agreement was made to allow the convention to settle the matter that the Clay county votes had been wired ti the chairman of the convention and knowing that it would give Jenkins the majority expected that he would be the nominee of the convention. In fact, that thought that all the cards were on the table and that their man held the winning hand. They didn't know that there was a Joker In the deck, that he was hidden deep and dark; they- hadn't" reckoned - that - they were playing with old hands in the game. -The thing finally developed into a regular deadlock of the days of long ago when the plan of nomi nating candidates was the political convention and the fate of candi dates hung upon the whim of the manipulators behind the punch and Judy show. In the end Jen kins moved to make the nomina tion ot Stillwell unanimous and pledged him his support but the republicans or many of them in Swain, Cherokee, Graham and Clay don't feel a bit good over the matter and there Is a dark taste left in some republican mouths. An Interesting phase of the sit uation is the fact that tickets for the primary were already printed In Jackson and Swain and perhaps some of the other counties and on them appear the names of Theo dore M. Jenkins and E. P. Stillwell as republican candidates for solici tor, which raises the question of what would be the result should the republicans, when they go to the polls Saturday, vote for Jen kins, disregarding; the action of the convention about which many nf them pobably have not been In formed, and should give Jenkins a majority In the legalized primary over the nominee of the conven tion, which Is not recognized by law. Unless the Jenkins forces get busy und call off their workers that , vrivf)-(hin y eeuluV easi ty ha pw 1 SOLICIT JUD C A OF WESTERN NORTH MORNING, MAY 30, 1922. MARKETSYS NEEDED J SOUTH Expert Tells of Co-operative Market at State College Exercises. FINDS ADVERTISING IS FARM NECESSITY Governor Morrison to Ad dress Graduates This Morning. o:Tiriv Nw rimt TAntioKoroa sotki, a, tnocn mikim i It.U.KKill. May 23. "Co-opera tive marketing'" as a cuwer for young mi n aspiring to leadership ny.is In ought to the attention of Stale College graduates, with high t c c o n. iu e n datlons. hy aion S.. o In delivering tlie com- mencemint address ionlgni. It's the biggest and richest field of endeavor now before young T.ic-n," he .'.dvLsed. "There are only 10 or "0 men in the south who really understand co-operative marketing. I could place 50 men In big jobs with big opportunities for service and big pay if I could fi.nl them, men understanding the tei linlqu of the movement, who know how to organize tne nia- cr.ine. ? . For 50 minutes the California , n-opeii.live wizard kept his au dience of college students, agri culturalists and city-dwellers at eagir attention as lie went inio no- fundamentals of the movement winch he expects to reawaken a'.-riculliiie In the south, put bath iti.prov. nients In the farmers' homes, out their children in the c. lieges, fke their wives from the Holds aid lead them to the same cc:iceptlon of living and Its joy as the piosperous city busineo.i man no v.' possesses. With his simple, concise, com prehensive and persuasive relation of the co-operative movement, .Mr. J I . inknil il.n nronnl.tt I inr .oin the raising of the product lo its i.ale on the market, giving th piactlcol bide of the whole affair and making It look like a business prnt.prct tnat would draw In any oil linancial sage. Sapiro He t., II tor nla Methods He look California as his ex- .inirle or the successful operation cf the movement because their farmers, who 10 years ago had their boys and girls und wives In ine fields, now have their children In college and their wives at the resorts. He t ld nf the marketing of eggs stretching nut three months piotiuction over a whole year and telling them In New York at three centrt more the dozen thainelgh borhOoJ cj.'gs brought; of making r.lsln -giowing pay bv controlling Lie suwl.v, "-wrid "tr a w Kiellltu scheme 'ike its distribution In tho little pas'.e-board boxes all over t'ie courtly: of the system of dls- trlbtitloi. of oranges reaching .i c.imax by ttresslng the wonderful power of advertising In building t.p a market. Advertising, he found. Is just as much ot a necessity for the farm as It Is for business. Make Experiments In Advertising Mediums Experiments of tlie California vo-operatlves with the magazines us advertising mediums first, and tlieii their centering on the news papers "because we found we oh i lined nearly double the results through, the newspapers'" brought big remits. There a field could be plcl-.ed. dependent upon the buying capacity of the public, antl the teturnh were wonderful. He transformed the Individual efforts of the cotton' planter int) Ihe co-operative efforts of a. giant '.usine.- enterprise, managed like tho Unl'ed States Steel corporation, nd financially able to compete will, big business In the world r.arketf.. Expert knowledge of business, experimentation to devise new ways and .-neans of using the prod- j'.t, technical understanding of marketing and distribution - all Ihese combined In the big business Will take the southern farmer Into a new :if, he said. 'Of tha 1,000,000 men growing cotton, there is not one Who knows! of grading, whether the market can absorb seven million or twelve million ta es; he doesn't know the, absorbing powers of the market;! he nasn t financial connections." I'hat U 'he reason he can't get along," Mr. Sapiro ascertained. "There has never been any experi mentation with cotton to see what could be done with It, whether the bales could not he wrapped In cot ton Instead of Jute shipped through England, the manufacture of mes merged cotton and Its possibili ties. The finding of new uses through the co-operative wli be .Tint as po'slble as new devises frtr selling the raisin, like the small box found in all the stores." Senior Olase Give Attention - The graduating class gave him the cloiest attention. A good por tion of li is made up of lellotv-i vno studied agriculture. He was pointing them to a new field of fideavor that Is Just as promising as was the automobile Industry 10 yen re ngo something new where leadersl Ip will pay and make pos sible the rendering of service. The closing exercises of State College w.u conclude witf, exer cises tomorrow morning when diploma, will be presented. Gov ernor Morrison and others will make short addresses at that time. The pi emotion of athletics and the txter.slon of the college's use fulness along technical lines was taken up by the alumni at Its an- r.jai luncheon today. A resolution, offered by Eugene Bagwell, re cording the association's approval of pure athletics and opposing any movement having a tendency tj acstroy the program of kceplm; athletic: at State College on a Wgh plane, was unanimously adopted. Peace and Meredith finals will come tomorrow, night, with the closing addresses. Dr. Henry Mere dith and Dr. C. F. Rsvnall, of Greensboro, will addreas the Peace giaduates. ' GENERAL MITCHELL HCTT IN FALL FROM HORSE MILWAUKEE, Wl. May 29. Brigadier General William Mitch ell, of the government aviation service, fell from a horse lat ves- teidAaeiiiel-VAavsilnfull jr"4 n Juret, it became Known today. ASSERTS ID CAROLINA" Patients At Through Illegal Methods Of Pennell And Elias, Jones Holds UUrHH'TllTIPlIT VVLDDIU ribnl States Facts Which Lead to Expose of Incident at Oteen Hospital. ENTIRE PROCEDURE VIOLATION OF LAW Says Pennell's Attack Is Effort to Becloud " the Issue. . Chas. A. AVebb, on last night, gave out a statement In reply to Ueorge I'ennnll us follows: Mr. Pennell has, as was expected, undertaken to becloud the issue and sidestep the question by mak ing moi'H or less of a personal at tack upon me, asserting In effect that The Citizen and 1 have some sinister motive In bringing before the public the disgraceful effort to put over what- appears to be high handed and unlawful sets on tlie part of himself and others In the Oteen registration and voting mat ter. ' In as much as he has under taken to make this affair a per sonal mutter and has endeavored to impunge my motives. I welcome the opportunity of Informing the public of the part taken by me In Riving publicity to what 1 conceive lo have been one of the greatest outrages ever attempted to be Im posed upon the democrats of this county. . Ot. Inst Saturday night about 10 o'clock. Just before I retired, 1 was called to the telephone by. a prom inent Asheville citizen. w.ho told me of rumors and reports that had been brought to Asheville. 'con cerning the Irregular registration and voting, under the absentee voters law, of a lurga number of ex-serylce then at Oteen. Having heard during tlu last four years many rumors and reports of al leged Irregularities In the holding of our primaries and elections, 1 determined to make a personal in vestigation of the matter myself, and, early on Sunday morning, ac companied by George Craig. 1 went to thaj-caicUnte of M Matkhv Wo Bits, Ue.-xglstrar of Swannanoa township, who resides about 12 miles from Asheville. Ascertained Facts About Itcglhtratlon I ascertained trom Mr. Rob erts and his son and from a per sonal examination of the reg istration books that Mr. Roberts had gone to Oteen early on the morning of May 19, and that when he got to Oteen he found Don Kilns and''-. K. Hughes there. That Mr. Koberls, at the Instance of Messrs. Elas and Hughes registered reluctantly and with a great deal of hesitancy many of the patients of Oteen, some of whom were bed ridden and some of whom, aecording to Mr. Huberts, were as 1 recall In the last stages of tuberculosis: That he protested against further registration of these patients and finally stated t hut he would have to go home: that then Ellas notified Pennell of the situation: that Pennell came to Oteen and Immediately swore In Mr. Elias, a non-resident of the township and not a qualified voter of the township, who was also at that very time a Judge of election lh another Iprecinct In tha city, us registrar of Swannanoa township: that Roberts did not resign as reg istrar, that lie was not requested to resign as registrar and that nothing was said about his, resign ing as registrar: This all, "accord- inar to Mr. Roberts: that Roberts ! turned the registration books over to Ellas and that Ellas continued the registration of voters all thai afternoon and finally returned the book to Mr, Roberts at his resi dence about 9 o'clock that night: That this book contains the nsmes nf 126 men and women patients at Dteen: that of this number only 22 were natives of North Carolina; that they were distributed from 22 different states In the Union: that among the list were 10 republi cans; that two were given as natives of Italy, one of Ireland and one of Greece: that all of these names appeared upon the registra tion hook in the handwriting of Elias: that on Saturday morning, without further, appointment, Rob erts continued to act as registrar and Is now the' registrar of this precinct. , AH of the above Is from my own personal examination. I had also ascertained from re porters of The Citizen who went to Oteen at my instance that one of the young men who was regis tered by Elias arrived at Oteen on the 14th day of April last; that on the 19th day of May, only one month and live days after this young man had come to the hos pital and Into Buncombe county he was registered by Elias, and that he died at the hospital on the 22nd day of May, just three days after his registration: that one patient came to the hospital from Georgia In the latter part of Jan uary of this year who was regis tered: that another came from a western state last August. He was registered: that another came from Augusla, Georgia, last August and that he had been registered, and that, one day last week, Elias and Tom Bird went, to the hospital with their pockets loaded down with absentee ballots and voted many of those --Whom Ellas had previously registered. Most of the patients Interviewed stated that they could not remomber the names of the persons for whom they voted, and that they had voted for such persons as had been sug gested to them by Ellas and Bird. These ballots were turned over to Ellss and Bird, neither of whom - -(.CftiftMiW m ru Tirol E 0 IE II ELECTIONS PRICE FIVE CENTS. Oteen Registered Commend Citizen's Exmsu Election Tactics at Oteen j Investigation at Kenilworth I Reveals Scheme Was Also Worked There Asheville's thinking men and women yesterday serioualy consid ered the startling revelations made through the Monday morning "it -izen regarding ihe registration and voting upon absentee ballots at the Oteen and Kenilworth public health hospitals In practically every quarter of th city it furnished the main topic of conversation. The trend of toiblh: opinion, as certained definitely through Inter views with both men and women of standing In the community, is strong in denunciation of the whole proceeding an a reflection upon the demoiratlc party, or rather, cer tain of Its leaders, and that It. Is absolutely necessary for the party leaders to be fair and conduct the primaries legally and without the employment of unjust ur high handed methods. Bv telephone, calling In person and in other ways of communica tion, numbers ot citizens of known worth let It he known In no un certain' language that they wished to commend The Citizen for Its bold tincov-rlng of the methods employed at the government hos pitals, and to denounce such ftt - irnniiHii.J w Pm fteol ELECTION LAIN IS CLAIM OFPEiELL Asserts Appointment of Elias Is in Keeping With the Statute. George Pennell, chairman of the count board of elections, in defending his action In the ap pointment of Don 8. kirns, regis trar of Swannanoa township for a day In order to register certain patients at Oteen, yesterday issued the following statement: "The .ttack" In The Asheville Oitixen on yesterday morning, edi torially and In the news story, upon the chairman of the board of clectiona, and certain candidates and prominent democratic work ers In this county was uncalled for, unjust and unfair. It had its birth and conception In a caucus held by certain candidates being supported by Charles A. Webb in an cilice on Sunday. AVIth refer ence to the Oteen registration there has absolutely been no vio lation of election law whatsoever. The same has been tegular, open and above board. On Friday before the registration books closed on Saturday, 1 was called to Oteejii. I'pon reaching the post exchange, I found J. Marlon Rob erts, one of the oldest registrars in the county, in company with Captain Smith and D. H. Ellas. Mr Roberts stated that he did not expect to find so many voters de siring to register; that he had told his wife he would return Imme diately, and that he had to list his taxes and on account of his wife worrying about him ho want ed to get home as soon as possible. It wss suggested that he resign temporarily and a substitute be appointed for him, as he would be inquired to be at the polls the next day. In order to comply with the suggestion and request 1 issued an order of appointment to D. 8. Ellas for one day only, swore him In regularly and Mr. Roberts jre turned to hie home. The action Is clearly within the statute, noth ing Illegal or wrong about It, and was only affording the sick sol diers located at this place an op portunity to become duly qualified voters, all of whom took the oath required by law that they wero duly qualified voters of the State of North Carolina, and any man who would interfere with the reg istering was violating tho statute. "The cause (or the whole com plaint Is due to the fact that Charles A. Webb is supporting certain candidates who are oppon ents to the candidates mentioned In the newa story of yesterday. As long ss the board of elections will comply atriclly with the request of Mr. Webb, the board of election Is all right, but to disagree with him Is to be guilty of heresy and subject to his charges of unlawful and wrongful acts. I was closely associated with Mr. Webb In the campaign of 1918, and at tha close of the same, in an editorial In The Asheville Times, then owned by Mr. Webb, and which editorial he had the following to sty o! me: " in the conduct of the cam paign In addition to a num ber, of keenly Interested men. -here and throughout the tenth district, three men stand out as deserving of an expros;l m of the peoples' appreciation. The work of the ::ampalsrnt was arduous. It wan a ser vice of love, devotion to the Ideals of Americanism, lmjie.l ing Ihe best to be found In :i man. A. Hall Johnston. George Pennell, chairman of the board of elections, and J. S. Coleman, stood out as bad- . ers and the service rendered by these three men was marked by Intelligent, patri otic antl loyal consecration of time and talent to the Interest of the people of the county, district, state and nation. "The duties ot the chair man of the board of elections was largely Increased because of the unusual conditions, and notwithstanding the noveltv of some of the demand and tCMMlWf tP9 Twl NO VIOLATION OF HP AGES TODAY APPO T OF ELIAS REGISTRAR ISHELDJLLEGAL Judge Jones Avers Pa tients From Other States Cannot Vote Here. ASSERT OTEEN IS V. S. JRESERVATION Those Registered by Elias Not Qualified to Vote In Primary. In view of the fact that great confusion appears to exist in the minds ot a great many people a to the suffrage status of soldiers at the government hospitals near here, The Asheville Citizen yester day requested Judge Thomas A. Jones to prepare a written legal opinion. ' He holds the opinion that a pa tient at Oteen hospital, who was a resident of a state other than North Carolina, has not the right to register and vote In North Carolina, regardless of the length of time In which he has been such a patient. Judge Jones bases this opinion on the law regarding the suffrage status of those on land acquired by the United States as a. government reservation. , in reierence to tne appointment of Don Ellas as registrar of elec tions for Swannanoa township, byJ Oeorgs Pennell, chairman of the board of elections ot Buncombe county, and whether or not pa tient" at oteen, who were real dents ot 4 state other than North Carolina, registered by Mr. Ellas may vote, Judge Jones holds the opinion that Mr. Pennell had no legal 'power to appoint Mr. Ellas, and that such appointment was illegal and that any voters who were registered by Mr. Ellas wilt not De entitled to vote In the pil. mary. To The Citixeni j You have requested my legal opinion, first,' relative to the law regulating the appointment of reg istrars of elections, and whether, under the provisions of our laws, the appointment of Don Elias as registrar of elections for Swanna nuo township, by Georae Pennell chairman of , the board of elections of Buncombe county, Is legal; and, second, whether patients of Oteen hospital, who Were residents of & state other than North Carolina. nave tne legal right to vole In North Carolina, regardless of the length ot time they have bean such patients at Oteen hospital. irsi i no Appointment of Don Kliua iim Registrar or Elections lo Kwannauoai Township: ' Article Four, Chapter 7, Section C928 of the Consolidated Statutn of North Carolina provides that "The county board of elections in each county shall appoint all reg Istrara and Judges ot election tn their respective-counties, and fill vacancies except aa herein pro vided." Section B929 Is as follows: "The county board of elections of the several counties shall select, on or oeiure tne nrst Monday In Septem ber, in the year of our Lord one thousand nine hundred and six and biennially thereafter, one per son of good repute and standing,. wuo sou ii act as registrar for each township, ward, or precinct. The said county board of elections shall ma us puDiicatlon of the names ot the persons so selected at tha courthouse door Immediately after such appointment, and shall cause a notice to be served UDon said persona by the sheriff. If any registrar fall to perform the duties of his office, and for that or for any other cause be removed from office, or shall die or resign, or if tnere snau tor any other cause be a vacancy in said office, the chair man or the county board of elec tions may appoint another in his place. No person who la a candi date shall be a registrar or Judge of elections." . Under the provisions of the sections, the chairman of the county bdard of elections can only appoint a registrar when the regis trar appointed by the county hoard of elections na failed "To perforin" the duties, and for that or for anv other cause be removed from office, or snau cue or resign, or If there shall for any other cause be 4 va cancy In said oillce." Registrar Huberts Had Not Resigned. The facts, as stated to me, are that J. Marion Roberts had been duly appointed by the county board ot elections or buncombe county at registrar for Swannanoa township; that he had not for any cause been removed from his said office as registrar, and that he had not died or resigned, and thut there was no vacancy In said office for any other cause. As tending to show that there had been on resignation or vacancy in the said office, it ap pears that Mr. Ellas, after regis tering the patients at Oteon hos pital, took back the registration, books to Mr. Roberts, and that after receiving the books, he, Rob erts, continued to act as such reg istrar, and that on the next day he registered voters; thereby showing that both Mr. Ellas an'd Mr. Rob erts understood that Mr. Roberts had not resigned as registrar, nor had he been removed from his said office. Upon these facts, I am of ths opinion that Mr. Pennell, chair man ot the board of elections, had no power under the provisions nf said section. No. 6929, to appoint Mr. Ellas as a registrar ot elec tions In Swannanoa township; that such appointment was Illegal, and narany voter wno was registere-i IfmtUm m ran fl NTMEN
Asheville Citizen (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 30, 1922, edition 1
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