THE CHARLOTTE NEWS, CHARLOTTE, N. C, THURSDAY AFTERNOON, SEPTEMBER 29, 1221.
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NEGLECT OF J. P.
NOT VALID PLEA
Failure to Certify Record
of Appeal Not Basis for
Recovery.
Raleigh, Sept. 29. Negligence of the
justices of the peace in preparing cases
on appeal from their jurisdiction can
not be pleaded as basis for setting aside
t:,e magisterial judgment according to
opinion written by Chief Justice Walter
Clark and handed down by the State
Supreme Court yesterday in the case
of A. J. Simmons and wife against L.
T Carson, a Pitt county justice of the
peace.
Simmons and wife were sued in mag
istrate's court and judgment of $106.12
entered against them. From this they
t-ave notice of appeal and paid the
Rustic 80 cents to cover the costs of pre-r.flt-ine:
in the case for Sunnrior nnnr-t
docket. The magistrate forgot about it
l rrore me next term oi court, and the
original judgment stood.
The plaintiffs then brought suit
nsrainst the justice to recover the
amount of the judgment alleging that
! is negligence prevented them from op
posing the case further i v. v..-t
court. Judare Hbrtrm mi v.- ......
Cht?M S rUlLng Js affi"ned by the
SSi i i vf6' Who holds that jus
tice is liable, for- o .fo,,i T.
uvLuua ui a. DUD11C
ffi' but not for damages to the plain-
Eleven Opinions
naiiucu uuwn
by the court yesterdav all nt tv,a
of a minor nature and involving no
legal intricacies. The court reaffirms
itself in declaring in the case of Sas
ser against the A. C. L. railroad, where
in the plaintiff is denied damages claim
ed mien ma muics ran away and one of
them was killed by a passing train. The
court aeciares witn the lower court that
the plaintiff must suffer the loss due
to his own negligence in leaving the
mules unattended.
The opinions follow:
Morris vs Kramer, Pasquotank, new
trial.
Kannan vs Assad. Wilson, no error.
State vs. Brown, Hertford, no error!
Coburn vs Express Co., Halifax no
error.
Buggy Co. vs McLamb et al, Halifax
appeal dismissed.
Monroe, et al, vs Holder Lee, appeal
dismissed.
Sasser vs A. C. L. R. R., Wayne, af
firmed. Duncan vs Overton, Chatham, no er
ror. Simonds vs Carson, Pitt, affirmed. '
Wilson vs Batchelor, Pitt, no error.
Barnhill vs Hardee, Pitt, no error.
PARIS DEPARTMENT
STORE IS WRECKED
Paris, Sept. 29. (By the Associated
Press.)---Fire that burned from early
morning until the middle of the after
noon destroyed all but the walls of the
New Magasin-Au-Printemps, a depart
ment store building covering an entire
block 200 by 250 feet and valued at
25,000,000 francs, with a stock estimat
ed at 50,000,000 francs. The loss is
fully covered by insurance.
MOVE -FOR DISMISSAL,.
Martinsburg, W. Va., Sept. 29. Coun
sel for the United States Harness Com
lar.y, of Ransom, W. Va., in the Fed
eral district court here Wednesday,
moved for a dismissal of lklgation with
the Federal Government on the ground
that the army harness ' involved in tne
original proceeding had been so. r.d
?ny order the court might euter could
not be applied.
State Gets Five Million
Dollars From New York Bank
Complete Stocks Men and
Boys' new Fall Suits in our
Opening Sale Saturday
morning 10:30, 209-211 W.
Trade street.
EFIRD'S EFIRD'S
IVEY'S IVEY'S
Home of the Sohmer Piano
We Invite Comparison Wit
Any Strictly High-Grade Piano
The Sohmer is unique in that it is the only Piano of world-wide
fame to achieve its distinction on merit alone.
Not one dollar has been spent to subsidize artists or purchase testi
monials to influence the public in favor of the Sohmer. We believed
that the beautiful qualities of the instrument would win favor without
recourse to this artificial and of times insincere stimulation.
Therefore we refused to enter into the competition among Piano
manufacturers for paid endorsements that add nothing to the intrinsic
worth of the instrument itself.
We have Grands, Uprights and Players in stock for your selection.
J. B. IV EY & COMPANY
Music Department
Third Floor
We Can Not Say Too Much About Our Living Room Furniture
fha Collection We Have on Dis
play. Our Friends and Customers Are Enthusiastic
Over It Also.
The prices are moderate. The style and color ef
fects are in the best of taste. !
Parker-Gardner Co.'s Livingroom Furniture is fit
for the best of homes and remember the prices are
moderate.
3 piece Suites with small settee $ 75.00
3 piece Suites with large davenport .... $225.00
2 piece Chesterfield Suites $2?5'x2
Sofa Tables $45.00
Gate Leg Tables .... 35.00
Windsor Chairs $25.00
Colonial Rockers .. $45.00
Decoration Mirrors . . . . $30.00
9x12 Wilton Rugs ..... .7; ........... . .. $70-00
Draperies made to your order.
arker-Gardner Co.
"Carolinas Greatest Furniture Store"
IVERS & POND PIANOS
America's Greatest Home
Pianos.
(Music Department)
By JLLE B. WARREN.
Staff Correspondent of The Xewii.
Raleigh, Sept. 29. Five million dol
lars has been borrowed from New
York bankers at 5.95 per cent, accord
ing to telegraphic information reajh
ing the Governor's office from Treas
urer Benjamin R. Lacy, who has been
in the financial center for the past
few days, making arrangements for
borrowing additional money for th-3
State to continue its building prograu
for both roads and institutions.
This is the first time during the Mor
rison administration ana for many
months before that , time that the mon
ey uid.iB.eL nas ueeii in sucn condition
that it was possible to secure loans for
less than 6 per cent, and those charged
with- the administration of the finances
are convinced that this is the best tok
en they have that conditions are rapid
ly improving. The money has bsen
borrowed without strings, and will be
brought back to North Carolina, or
checked out in the very near future t-
pay bills of ths State institutions and
the road building department.
Just what proportion of the five mil
lion loan the different projects will get
has not yet been worked out, but this
will be done so that all of the institu
tions and the- roads can secure tVm
money as rapidly as it is needed. The
Council of State authorized the Treas
urer to go to New York and secure the
five million dollars dollars on the bas?f.
possible terms, in order that none of
the work now in progress will be de
layed on account of the lack of money
These loans like the others alrealy
made since the first of the year, an?
made in lieu of selling bonds, which
were advertised and did not sell bo-
cause of the low interest rate offereci.n
Treasurer Lacy has been of the
opinion for several months past thnl
if tobacco and cotton and other farm
products sold for a fair price this fall
that ths money market would 'opm
up, and the fact that he has been able
to borrow money for less than 6 por
cent bears out his prediction. It is not
likely that the 4 and 5 per cent bond i
will find a market any time in thi
near future, for there is still a surplus
of the issue of Liberty and other war
bonds which is absorbing much money,
nd industrial concerns are offering
high interest rates for preferred stock
and for loans, which absorbs practical
ly al! of the remaining money surplus
at the present time.
JUDGE BYNUM HERE.
aMes! Tables!
save time and money in getting both
cases heard in one court.
JUDGE ADAMS ON" BENCH.
Associate Justice William J. Adams.
newly appointed member of the Su-:
preme Court, who fills the vacancy I
made -by the death of the late William ;
R. Allen, began his seance on the Su- j
preme Court bench Wednesday morn- j
ing. Arriving m tne city luesaay
night the new associate justice took
his regular place in the hearings of
appeals this morning. There was no
ceremony connected with his entry j
unon his new duties, other than th
presence of a number of friends in the
court room wnen ne was omciauy pre
sented to the court.
The new associate justice comes to
the Supreme Court of the State after j
a number of years very distinguished
service on the Superior Court bench,
where he made such a record that
members of ths bar from all sections
j were glad to see him elevated to the
Supreme isencn.
COLONEL METTS CHIEF MARSHAL.
Col. John Van B. Metts, Adjutant
General of the State, has been named
chief marshal for the State Fair, ac
cording to announcement of Mrs.
George W. Vanderbilt, president of th
Fair Association, made through the
State Fair office today. Colonel Metes
has accepted the appointment and wi 1
names his assistants within the ne"t
two or three days.
As chief marshal of the Fair Colonel
Metts will have complete charge of th.i
social activities during Fair week, cul
minating in ths big bal lwhich always
closes the week's social activities. This
ball will be held on October 22. Ha
will also look after "the details of the
parade just preceding the opening of
the Fair on Tuesday noon, October IS
As commander of the National GuacJ
forces in the State, Colonel Mstts has
become well known for his ability in
handling crowds and in planning for
big events. His appointment has the
hearty endorsements of all State Fair
officials, who were delighted that h
had agreed to accept the appointment.
TAKE INTENSIVE TRAINING.
In carrying out its policy of giving
National Guard officers the benefit of
intensive army training along with reg
ular army officers, the Adjutant Gen
eral's office has designated two cap
tains of companies to take three
months' courses
Judge William P. Bynum, of Greeni- captain i . vv swan commanumg i-i-j
boro, who has been associated with tha ficer of Troop ' ,Cavalry of Andrews.
Attorney General in defending the ! Cherokee county, has been sent to the
'state's interests in the railroad suit i. I Cavalry School at Fort Riley, Kansas.
cr, wnoeriav in t,-, ir, ' I Captain Melvin G. Caldwell, head ot
iference with Governor Morrison about Company F First Infantry, of Char-
these suits. Judge Bynum will also hoLi tte. has been sent to the infantry
: rrnfrTinA with thp Attnmpv fianprni's school at Camp Benmng, Georgia. Both
office and other State officials before
he leaves Raleigh.
eral. Assistant Attorney General Frank tlon wo,rk lai out f or onTces-
of - these officers will stay at these
schools for a full three months' period,
and will take the regular army instrm.-
TELL US YOUR TABLE NEEDS
From our. recent shipments we are able
v now to furnish almost any style of table that
can be desired.
Pretty Console Tables and Mirrors, End
Tables, Library Tables, Sofa Tables, Sewing
Tables, Gateleg Tables.
We are showing some especially good val
ues in library tables at 30.00, beautifully;
finished in mahogany. -
Nash Is preparing for the initial steps
of ths State in this action. The plan
outlined by Mr. Nash will be submitted
to Attorney General J. S. Manning
upon his return to the city on Satur
day, 'ana steps taiten to meet tne case
when it comes up for a hearing before
Judge Connor on October 5.
General belief now is that Judge
Connor will rule that both actions
should be heard in the western district,
and if that is the ruling the whole cas?
will be taken up with Judge Boyd and
As places become available for offi
cers in these schools later on, others
will be designated for the intensive
training. Both of the men sent to
these schools are experienced army f
fleers, and both saw service during ths
World war. They are getting this ;id
ditional training in order that they
may keep abreast of the developments
in army work. t
Complete Stocks Men and
W
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will be taken up witn juage Jt;oya anaiT , tt ii q
the other judges who will sit with him ! JdOVS HCW all OUltS HI OUT
on October 6. If Judge Connor should !. C01rt QiJov
hold against moving the case to Greens- Upenlng odHJ OdlUiUdy
boro, of course, the A. C. L. case will . 1 fl QA 900 911 W
be tried out here and the Southern I HlOrmng lUloU, Z'jy-Zll W.
case will be tried out in Greensbovo. I m j xx
however, some of ths same I ll due succU
Since.
things are involved in both suits, the C,'C1T"RTVG
probabilities are that the State can r AJtt.JL o
EFIRD'S
IVEY'S
Large
IVEY'S
men
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Laird Schoher
Shoes
JUST ARRIVED
cCoy & Co,
(Jet It at McCoy's
Since 1868
The Home of Good Shoes 1W
III
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The Very Latest
In. Men's Brogues
s an Oxford of black calf with soft
toe. Comfortable walking heel foot
:onforming last.
$10.00
GILMER-MOORE CO.
Shoes, Hosiery, Luggage, Lingerie
Strapped Footwear Autumn's
Favorite Mode
Not only has strapped Footwear been the
mode of the hour for many past months, but
it is so perfect a style that designers give it
first preference for Fall in both evening
slippers and street shoes. Of course though,
there are many novel features to distinguish
this season "Straps" from all others and yotf
will find our assortment very fine
Two-strap russet calf pump with walking,
heel one of the season's newest styles,
at..
One-strap Brown Pump, with walking heel
at...,,,.,..,,.... $1420
Light Russet Calf Oxford, very new J3ifiQ
J. B. IVEY & COMPANY
Footwear of Fashion.
Better Fireless Cooking
GUARANTEED
Here Is what the makers guarantee for Domestic Science Fire
less Cook Stoves:
To roast or bake any meat, fowl, beans, bread, cake, pie to a
beautiful brown without a minute's use of your range oven.
To save 25 per cent of weight and food value usually lost In
cooking.
To reduce meat costs by permitting the use of cheaper cuts.
To produce such juicy, tender meats as you never tasted.
To cook without watching, stirring or basting.
To save as much as three hours a day in your kitchen. .
To boil or stew and retain every natural flavor. "V
To save as high as SO per cent fuel expense.
.Glad to advise you that we have one, two and three well Do
mestic Science Fireless Cookers on display and sale in our Horn
Furnishings department, second floor.
SMITH-WADSWORTH
Hardware Company
tit
'The Quality Hardware Store"
29 E. Trade St. j Phones 64-65
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