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VOLUME XXIII
EIGHT PAGES THIS WEEK THE BEAUFORT NEWS THURSDAY, SEPTEMBER 20, 19
Court Ruling
Election On
Calls Off
Constitution
Court Agrees Unanimously
That Submission Now
Would Be Invalid
GOES BACK LEGISLATURE
Demand Settlement
Voters of the state will not be call
ed upon to decide the question of a
new constitution for the state at the
November general election for the
State Supreme Court on Wednesday
ruled that the question cannot be
submitted at this time.
The advisory opinion, delivered to
Governor Ehringhaus in accordance
with his request of last Saturday,
was unanimous, it enaeu abruptly
the State-wide campaign for and a
gainst the adoption of a complete new
constitution.
Action of the Supreme Court in
holding submission at the coming elec
tion unconstitutional sends the ques
tion of constitutional revision back
to the General Assembly, which may
resubmit the entire new constitution,
any separate amendments, or call a
Convention of the people ot write a
new organic law to replace the pres
ent constitution which was adopted
in 1868.
Point At lime.
The constitutional point at issue
was:
The present State Constitution
provides that an amendment to the
Constitution must be submitted "at
the next general election" following
approval of such amendment by the
General Assembly. The proposed new
Constitution was passed upon by the
1933 General Assembly and in the
normal course of events, the elec
tion next November would be the
next general election following the
1933 General Assembly.
But, the 1933 General Assembly
also passed a bill providing that North
Carolina should vote on the repeal
question in November, 1933, and des
ignated that election as a general
election. The Supreme Court, in an
advisory opinion at that time, held
that the repeal question, since it in
volved the Federal Constitution,
should be submitted at a general
election.
Therefore, the 1933 repeal elec
tion was the next general election
held following the 1933 General As
sembly. Three factors combined to make
submsision of the proposed constitu
tion this year invalid. They were:
The repeal election held last Novem
ber 7, the act of the 1933 General
Assembly calling that repeal election,
and the 4-1 opinion of the Supreme
Court on which the 1933 Genereal
Assembly relied in terming the 1933
repeal election "a general election."
Representatives of the More
head City Port Terminal Com
mission returning from a con
ference held in Washington on
Tuesday state that the PWA
has announced its final approv
al of the terminal project as
soon as the State gets the rail
road situation on a satisfactory
basis.
Rentals from the railroad are
pledged in repayment of the
$297,500 loan and the Federal
agency wants some assurance
that the defaults of the past two
years will not continue.
Governor Ehringhaus has cell
ed on the Attorney General's
department of the State to take
appropriate action toward having
the courts declare the lease of
the State-controlled Atlantic and
North Carolina railroad by the
Norfolk Southern railroad de
clared forfeited for non-payment
of the $72,000 annual rental for
the past two years.
T. C. WADE SAYS
IN RACE TO END
Refutes Report Going the Rounds
That he Will Step Down as Can
didate for Representative ' '
O B
PRICE 5c SINGLE COPY
NUMBER 38
FISHERMEN MEF I '5
mn nmimtr i-i-k K
BASBALL SEASON WILL
END THIS COMING SUNDAY
When T. C. Wade of Morehead
City makes up his mind to run for
office he says he cannot be persuaded
to step down and let another un in
his place. ;
This decision on Mr. Wade's part
and the emphatic maner in which he
imade the statement to a representa
tive of the News came when he was
approached regarding a report which
has been going around that the ''pow
ers that be' of the county organiza
tion had asked Mr. Wade to withdraw
from the race for state representative,
I in order that a stronger man might
jbe sent to Raleigh wh6 would! nave
more pull and influence in securing
the Port Terminal for Morehead City.
Mr. Wade says he was drafted by
the county organization to be a can
didate for the office of representa
tive and received the very flattering
vote of the organization and his
friends. He says the only thing that
will prevent him from representing
Carteret county at Raleigh during
the coming session wil be his defeat
by the Republican candidate.
Mr. Wade assures his host of
friends that he is in the race to the
end, has no intentions of withdrawing
his name as a candidate and will stand
or fall by the decision of the voters
in the November election.
S 1
Mass Meeting Called e It
ers Island Saturday by
County Fishermen
E. C. WHITEHURST
TAKEN BY DEATH
Beaufort's baseball season reaches
what is supposed to be its last game
of the season Sunday when the strong ;
Chesterfield Dodgres of Kinston play
here. This organization has won lots
of ball gimes this summer against
strong opposition and the locals will
be put to one of the strongest tests
of the year against this brilliant ar
ray. This game is for the benefit of the
High School Athletic Association and
every one who has a spark of school
enthusiasm in him, or her, should, be
NEW BERN ROAD
BEING SURVEYED
Was One of The Oldest and Most
Venerable Citizens of Beaufort;
Passed Entire Life Here
State to Start Improving Soon;
Will Build New Draw-bridge
Fishermen of the county are plan
ning to hold a meeting at Hackers
Island on Saturday afternoon at 2:00
o clock for the purpose of talking ov
er the present condition of the fish
trade and especially the low prices
prevailing.
Boat owners from Morehead City,
Beaufort and other sections along the
eastern shore have expressed their
intentions of attending this mass
meeting. Those who have started the
movement state that they have no cut
and dried program to offer but that
the meeting i3 for the purpose of get
ting expressions from the fishermen
regarding the condition against
which they are now working.
It is believed that out of this
meeting may come some good ideas
that can be developed, which will re
sult in better prices than what the
fishermen are now getting. Catching
and selling fish at one cent to a cent
and a half per pound cannot produce
a profit for any crew. With fish sell
ing at high prices upstate, fishermen
are unable to understand why bet
ter prices cannot be paid by the
dealers.
Dealers on the other hand claim
that they are paying the top market
price and in no way regulate the re
tail price. It is pointed out that trucks
visit the shipping points, job around
and beat down the dealers until there
is hardly a profit for the handling.
Also northern markets are overstock
ed which keeps the price down. In
many cases shipments are sold at a
complete loss to the dealer.
Just what will come out of the
meeting to be held on Saturday is
hard to predict but the movement
By the death of Edward C. White
hurst early Sunday morning, Beau
fort lost one of its most esteemed
and highly respected citizens. Death
resulted from a complication of dis
eases extending over several months
of illness. Mr. Whitehurst arose at
his usual time Sunday morning, ap
pearing to be about in the same con
dition he had been for several days.
Soon after arising he was stricken
and passed away before aid could be
summoned.
The deceased was born in Beau
fort 76 years ago, the only son of
James and Francis Duncan White
hurst. His entire life had been pass
ed in this city. During his years of
residence here he took his place in
the social and civic life of the com
munity. His faith was founded in the
teachings of the Baptist church in
which denomination he lived true to
his belief. His affiliation with the Ma
sonic Order and the Knights of Har
mony was that of a loyal member,
true to the obligations of fraternal
brotherhaad.
Mr. Whitehurst was a carpenter
by trade at which occupation he
worked for several year3. The last ten
years f his active life was spent in
the employ of the government on
Piver's Island. Funeral services were
held from the family home on Orange
street, Monday afternoon at 2:00
o'clock in charge of Rev. J. W. Mor
gan with burial in the family lot ad
joining the Baptist church. The on
ly surviving member of the family is
Mrs. Walter Longest with whom the
deceased made his home.
FORK IS WIELDED
ON JEALOUS WIFE
Colored Women Mix Up Their
Love Affairs With Deadly
Weapons
LARGE DOCKET TUESDAY
scores by games follow:
COUNTY NOW SETTLING
WITH TAX COLLECTOR
County Commissioners Bonner,
Guthrie and MeCabe have been in
conference most of the week with A.
L. Hamilton, county tax collector
making the annual tax settlement.
The 1934 tax list will be placed in
the hands of the collector October 1,
By order fo the County Board at
their meeting no change vas made in
the arrangement of settlement over
that of last year. Mr. Hamilton is to
be allowed certain expenses and the
sum of $1.50 on each tax certificate
of the 1933 taxes that were sold a
few weeks ago.
County Club Women
Meet N. C. Specialist
Leaders from the ninteen Home
Demonstration Clubs of the county
are in attendance at a meeting be
ing held in the office of the Home
Agent to receive instruction from
Miss Willie Hunter of Raleigh, cloth
ing specialist for the Extension Work
of the state.
The program for the days instruc
tion includes the- making over and
remodeling old clothing and hats.
The session was called at 10:00
o'clock and will last all day. Lunch
was served ths ladies at noon.
The instru -tions received by the
two leaders cf each club will be car
ried back to the other members of
the club women of the connty and in
that way all will be able to benefit
by the help that this state depart
ment is able to give the members of
the Home Clubs.
Beaufort 5 Morehead. City 0
" 1 Morehead City 5
" 6 Pollocksville 3
" 8 Pollocksville 3
" 6 Lewis of Raleigh 13
" 4 Marshallberg 2
" 3 Oriental 11
" 3 Oriental 7
" 1 Belhaven 6
" 9 Morehead City 1
" 15 Farmville 6
" 14 Belhaven . 5
" 12 Oriental 0
" 1 120th Infantry 7
" 8 New Bern All Stars 2
13 120th Infantry 12
' 2 Chocowinity 1
" 9 Roanoke Rapids 6
9 9 Roanoke Rapids 4
" 5 New Bern Indpnts. 2
" 1 Morehead City 6
" 8 Harker3 Island 2
" 8 Morehead City 9
" 13 Newport 0
7 Strait3 9
2 Straits 6
11 Harkei-s Island 1
0 Strait3 0
0 Morehead City 7
8 Oriental 0
" P Morehead City 6
" 1 Morehead City 10
Coach Potter of the High School
Surveyors under the directors of
the State Hie-hwav Department are
at work on the section nf .he ,' nlH . started may result in better price
in attendance. Regular admission is ! New Bern road between 4;he jNorth I conditions for the fishermen if some
15 and 25c and school children 10c. River r6ad and Core Preek, "establish i?lan ean be worked and the fishing
Beaufort's record for Athe , year ina jrrades and, road boundaries that PW.W3" orougnt unuer government
shows 21'games won and 11 lost. The lata may be compiled To'rtaecifiea-
tions to be issued by the Department
for bids covering the improving of
this section of road.
It is understood that plans will
call for the construction of a new
draw bridge over the Adams' Creek
canal which will have a clearance of
some eight feet more than the pres
ent bridge.
The attention of the Highway De
partment was called some time ago
to the need for improvement of this
road that transverses one of the best
and most extensive agricultural sec
tions of Carteret county. At that
time assurance was given that this !
road would receive early attention.
It would look as though the Depart
ment was keeping faith with the coun
ty.
People of this section will recall
the bitter fight that was waged some
ten years ago when the movement was
started to abandon the improving of
this highway and instead span the
Newport river with the bridges now
in use.
At the time the building of this
road was halted in favor of the bridge
the sub base had been laid from the
junction near Havelock to the North
River road. At that time a top sur
face could have been put on at very
little cost but the wear and tear of
announces that his opening football ten years travel has ruined the sub
base which will make it necessary to
practically build a new road.
It is expected that the survey
work will be completed within the
next week or two and that bids on
control as the cotton and tobacco of.
tne state nas been nr; some -.agree-
ment can be made with the dealers
to share in the profits.
I
FALL TERM COURT OCTOBER IS
The fall session of Superior Court
for the trying of both civil and crim
inal cases is called for Monday, Oc
tober 15.
This court will be presided over by
Judge J. Hunter Parker who will
make his first appearance in this
county as presiding judge of Super
ior Court.
BEACH COLONY TO
HAVE ADDITIONS
Two New Cottages Unded Con
struction; All Waterfront
Lots Sold
Two new cottages are under con
struction at Atlantic Beach by recent
purchasers of lots in the beach de
velopment section. Samuel R. Hill of
Greensboro is erecting a large two
story cottage to the east of the
string of waterfront cottages erect
game is with Edenton the 28th, here.
Loss of seven o reight men from last
year's great team has considerably
weakened his '34 outfit, but with such
outstanding stars as Chadwick, Lay
ton, Beverage, Styron, R. Thomas, P.
Thomas, Hamilton and E. Potter back w,n be asked for by early winter.
as probable linemen and Brooks u.
Hassell, F. Rice, C. Rice, and Card
well in the backfield, a team should
be formed to give somebody om
trouble. What Potter is especially
weak on is reserves, a bunch of inex
perienced lads forming his second
string.
HEAD IS CRUSHED
WHEN CAR WRECKS
Inez Willis in Hospital in Ser
ious Condition Result Acci
' ' dent Sunday Nighty
Miss Inez WMs'oFporehead City
is in the City Hospital suffering from1
a concussion of the brain received in
an auto accident Sunday night when
a car driven by Will Styron of More
head City turned over on the high
way about a mile east of Newport.
Riding in the car at the time of
the accident besides Miss Willis and
Styron were Mrs. Lon Piner, Mildred
Lewis, Randolph Eubanks and Fred
erick Fulford. None of these parties
were seriously hurt. Bruises and a
general shakeup was about the extent
of their injuries.
When the accident was investigat
ed by county authorities. Styron claim
'ed that he was driving about fifty or
fifty five miles an hour as he approach
ed a curve in the road where the ac
cident occurred. The car ran off the
pavement onto the shoulder and as he
brought it back on the road the car.
turned over. It was reported the steer the
What might be termed the feature
attraction in Recorder's Court at this
weeks session was the case that in
volved Lucinda Hill of Morehead
City who was charged with stabbing
Julia Dudley with a fork.
The affair happened when Julia
discovered her husband Henry all
"hugged up" with Lucinda on the
beach at Sandy Point. Julia went af
ter the other woman with a broom
handle and Lucinda said that in or
der to protect herself she stabbed
Julia with a fork.
In additoin to the broom handle,
Lucinda said that Julia was armed
with a long knife. She measured the
length of the knife by extending her
arms. The court decided the knife
must have been nearly three feet
long. It no doubt was an optical il
lusion on the part of Lucinda. Julia
swore she did not have a knife and
again admitted she did.
However Julia came out the worst
of the fight for as she was prevailing
her wandering husband to leave his
dusky lover and return home with her,
fond husband pasted her one in the
eye. Lucinda must have anticipated
trouble for she admitted that she
took the fork with her when she went
out for her evenings stroll. The court
decided the battle to be a draw, dis
missing the charges against Lucinda.
Bernette Willis of Bogue got it in
his head that he was a better man
physically than his father, so during
an argument between the two the
son beat up his father with no regard
to the Queensbury rules. He was
found guilty, assessed the costs and
must behave for two years or else
serve a thirty day sentence.
Charles Loekhart was found asleep
at the switch, but lucky for him the
switch had been turned off. He was
said to be sleeping off an overcharge
of corn in his car when the officers
of Morehead City found him parked
in the middle of one of the streets of
that city. $10.00 fine nad cost and
to be of good behavior for two years.
J. C. Pratt and wife decided that
they would give the trials of married
life another chance so instead of air
ing their family affairs in court they
will endeavor to fight it out on the
home grounds.
John Carlton Henry must pay the
costs in the case of assaulting a
couple of colored boys. Andrew;
Slaughter who charged L. H. Gibble'
with pointing a gun at him had a
change of heart at the last moment.
He asked for a dismissal of the case
and stood ready to pay the costs.
Gus Davis of Morehead City is
said to have furnished the "stick" to
put in some punch that was to be serv
ed at a dance given in his Japanese
Tea Garden. Officers arrived before
punch was made so Gus must
ing rod broke but the fact that the pay half the costs of the court and
car was driven in after the accident stear clear of any punch mixing for
disapproved that statement.
Styron was placed under arrest by
Sheriff Chadwick pending the out
come of Miss Willis' condition. On
Tuesday in Recorder's Court he was
released on bond. The latest reports
a road sentence will confront him.
ed the past season. When completed from Miss Willis are that she is still
this cottage will be next to the larg- in a semi-conscious condition and
est cottage on the beach at the pres
ent time. The Wright cottage, the
Working Out Plans For
Achievement Day;
nrst to be built at this resort is rat
ed as the largest.
An attractive cottage of the bun
galow type is being built for Dr. J.
Mrs. Jane McKimmon, of Raleigh,
assistant director of extension work
that it will be several days before thcn North Carolina, who has charge of
.exact condition of her injuries ean all demonstration work, will meet the
construction of the road and bridge !R. Young of Angier. This cottage is
on the ocean front some distance west
of the hotel.
Manager Cordon ha3 had the tick
et office that was located at the head
of the bridge on the Morehead side
moved over to one of the ocean front
MRS. CASE RECOVERING
be determined. But little hope
held out for her recovery.
Foreclosing County Tax Suits
is, women of the several Home Clubs of
this county on Tuesday, October 30.
She will be the chief speaker at the
annual Achievement Day program of
the county home demonstration clubs
that will be held on that day.
Announcement to this effect was
Change In Station Management when Mrs. Case was returning home
from a motor trip upstate with her
Mrs. Charles Case of this city who
was injured last week in an auto ac
cident and who was confined in St.
Luke's hospital for several days has
returned to her home.
The accident occured Tuesday nisrht.'nto a very spacious cottage.
During the recent sellinz camnaicm
all of the waterfront lots have been
NOTICE
All persons interested in becoming
members of The Beaufort Fire De
partment are asked to make applica
tion to the secretary on or before
Ocl. 4th.
Richard D. Whitehurst,
Secretary.
John Hill and Hardy Lewis, Jr., 'niece, Miss Evelyn Norcora, when
the car in which they were riding
skidded on a curve and turned over
along the highway.
have had charge of the retail Stan
dard Oil station have been relieved
of their position and Cecil Jones of
New Bern sent here to take their plac
es. Mr. Jones was assistant manager
of the company's station at Five
Points in New Bern.
PLENTY OF DEER REPORTED
NO TRACE GUN ROBBERS
County authorities have not as yet
made any arrests in the robbery of
Carteret Lodge, the hunting preserve
of T. J. Walker, located about five
miles from Newport,
lots and will combine it with the
small rnrrncA in orhiph ho ha. . n ; ,j l ' jHnmM v, .. r-u,- 1 ui. nn.,mAv..
for the past two seasons, converting it' can be made to Mr. Hamilton at his
office prior to that data.
Mr. Hamilton statas that in case
suits are drawn, 26 per cent of pen
alties plus $6.00 court charges will
be added to 1930 assessments, and
18 per cent plus $6.00 court costs
will be added to 1931 taxes. The
penalties are those prescribed by the
state legislature 10 per cent for the
first year and 8 per cent for years
thereafter.
Suits for 1930-31 county taxes are
being prepared by colector A. L. I
Hamilton, but delinquents still have made this week by Misses Helen Dry,
a chance to pay them and avoid COunty home agent, who is much
heavy penalties. pleased that Mr. McKimmon, busy as
All suita for back taxes in the 8he is, has accepted the local invita-
above mentionel years mu3t be tion. It has been some time since she
has visited this section.
sold as well as a lrage number on
streets back. A new board walk has
been built bordering the first street
to the east back of the waterfront
lots. Both boardwalks facing the cot
tages have been extended several
hundred feet to give access to the
new cottages being built and to be
built during the winter and spring.
All lots facing the driveway lead
ing to the Casino have been reserv
ed for commercial purposes while the
center space between the parking
INJURED BOYS IMPROVING
The robbery is supposed to have
taken place on Monday night of last streets will be used for carnival pur
week when the lodge was entered 'poses. Manager Cordon predicts many
In spite of the warm weather and
hordes of mosquitoes since the open
ing of the deer season, hunters have
been out in full force. Several good , and guns and ammunition to the val-' improvements will be made about the
bucks have been reported shot. It shown in the coming event. Miss ', beach next season. He reports one of
is also reported that deer are very Walker has spent considerable time 'the best seasons since he has had the
pienuiui this season and those shot at this lodge in the past year and ; management of this resort. He says of Beaufort, has returned home, be- ents.
and sighted are of good size and was living at the lodge at the time of another year will see a colony of ing released recently from the local
Matthew Marshall, of Jasper, a stu
dent at St Paul's school, Beaufort, is
reported to be recovering nicely at
the local hospital from a recent au
tomobile accident, in which the car
in which he was riding was struck by
a train. His companion, Guy Daniels,
Also planned for the program
which is expected to be held in the
Court House, will be an exhibit of the
county entries in the Ball Brothers
and Kerr jar canning contests. An
other exhibit will consist of clothing:
and other home-made articles that
have been made by the club women
during last Achievement Day. As
this is one of the feature occasions of
the clubs much interest is being
shown in the coming event. Mrs.
Dry has already started to work out
the program for this day.
PRENTISS LONGEST HOME
Prentis Longest, of this city who
lost an arm as a result of a recent
automobile accident, was permitted to
leave 'St. Luke's hospital Thursday
and is now at the home of his par-
heavy.
the robbery.
some forty or fifty cottages
hospital.
READ THE WANT ADS