CAROLINA. yisETLE~NTH YEAR MAJOR DRIVE ON DANIELS WILL NOT MAIL LOT STATE’S GOVERNOR Statement Os Raleigh Pub lisher Take* Him Out of Race For Nomination fourth CANDIDATE may yet be entered Fountain Seen A* Strongest Candidate But Entrance of Daniel* Backed Man Would Change Thing* Oal>? IMa»nlrh !»■•*«••. In i>r oli ll»lrl ni .» r ntDhKßvii.t Kaleigh. Feb. IV Josephus Daniels *,ll n ot be a candidate for the Dem (vrniic nomination for Governor. He s,»'d so htmseif this morning In The »ws and Observer. In making this announcement Da.iieU has removed ■.he bung from the political barrel thrtt has been ’holding back the cam jugn u: North Carolina for fully two iPonth>. since it has been conceded (nr many weeks that the Democrats of the state have been waiting large ly to see what action Daniels would take before committing themselves to any of the other candidates. Even th«> candidates themselves heie felt ih« restraint and have been delaying th»ir activities, waiting for Daniels to announce what he would do. Yet the poliUcal atmospnere has pot been appreciably clarified by the announcement that Daniels will not tea canri’date nor does it seem that there will not yet be a fourth can didate in the contest, it La agreed here Daniels’ withdrawal undoubted ly means that the campaign will be kvs bitter and less fiery than it e>uM have if he had hecoaae a can dilate But If Anything, It means tlut the outcome is now more un certain than it has been at any time yet. since it is generally admitted (Continued on Page Five.) ANOTHER COIN SURPLUS FORECAST Indications Point To Crop As Large A* That Os Past Season Raleigh, Feb. 15. -Indications are ww that there will be a supply of American cotton this fall and winter •f al>out 26.n0n.n0n bales, which will be e*iual to the present large supply tending to cause low prices in all P*r»s «.( the cotton belt, says Dr. G. w Forster, head of the department "f agricultural economics at State C'dipgp '’ r Forster says the production for IWI is now placed at 16,918.000 bales *"'• the carry-over as of August first, I'-t-11. was H.Wl.noO bales giving a total ‘’ipply of approximately 26 million for ,h * y ** ar endin g July 31, f ( s he probably consumption for Denying he obtained the office by conspiracy or is holding it by force of arms. Alvin C. King, who succeeded Huey Long as governor of Louisiana filed exception today to the ouster suit brought against him by Dr. Paul N. Cyr and asked the court to dis miss the action for lack of jurisdic tion. Cyr.- elected lieutenant governor at the time Long whs named governor, has charged a conspiracy existed 'be tween Long and King to place the latter in the governor's chair when Long went to Washington and took his seat In the United States Senate. Becnuse he fvias elected lieutenant governor Cyr's suit asked that the court recognize him as governor. JONAS NOMINATION UNDER DISCUSSION WMhJnfton. Feb. ML—(AF>— The Senate Judiciary committee today discussed the nomination of Charles A. Jonas to be United States attorney for the Western district of North Carolina hut took no action. SUMMERALL NOTTTO RESIGN HIS OFFICE Charleston, 8. C„ Feh. 15.—(AP) —Major General Charles P. Sum rnerall, former chief of staff of the United States Army today withdrew his resignation as presi dent of the Citadel, the state mili tary college. "I regard to the invitation from the Kentucky legislature not only as a great compliment to me personally but as an even greater compliment to the State of North Carolina and the members of the legisla tures, viho as a result of the wise legislation they have enacted in the last several sessions, have served to put North Carolina among the leading states in the country and served to attract nation-wide attention to it,’’ Governor Gardner said. "For the credit for whatever North Carolina ha edone to bring its govern mental machinery up to date and en able it to meet new and difficult con ditions must be given to the people of the State as a whole and to the mem bers of the legislatures that enacted the laws. It Is true that I suggested or recommended some of the changes. But the reason they weer enacted In to law was because they appealed to the good sense of the people rather than because I or anyone else sug gested them." ONLY DAILY Opposing Positions Regard, ing Instruction of Dele, gates Is Causing Rift SHOUSE STATEMENT STARTS FIREWORKS Governor Roosevelt And His Supporters Take Op posing View On Instruct ing Convention Delega tions Washington, Feb. 15.—(AP>—A e'ear cut rift now exists between Important elements of the Demo cratic party and the prospects for harmony In the year of presiden tial election has faded to a shadow. Defln I tee statements of oppos ing positions over the instruction of delegates now stands between Franklin D. Roosevelt and his supporters on the one hand and that section of the party leader ship which agrees with the views of Jouett Shouse, director of Democratic. National headquar ters under Chairman John J. Raskoh. Shouse has advocated ihat delegates, not be instructed but be left free to choose their candidate in the light of conditions at the moment the con vention is held and the ballots are cost. Governor Roosevelt sees in the plan disfranchisement of the party's rank and silo with the decision thrown to the dickering of powerful leaders nothing more than a back room nomination. Shouse and Rsskeb disclaimed any intention to atop Roosevelt or any other candidate with the non-instruc tion plan but Roosevelt’s candidacy, now rolling up a mounting total ‘of votes all over the country, is the one most threatened before the conven tion time having most to lose. Yet the New York governor has not ques tioned the sincerity of the Shouse- Raakob disclaimer. TEXTILE WORKER AT LENOIR IS KILLED Slain by Man Who Claims Pair Were Trying To Enter His Home Lentor. Keb. 15.--(APi-Ned Mc- Dade. textile worker at Hudson, near here, was shot to death early today and Homer Taylor waa serious ly wounded by Jeff Swanson, who said McDade was trying to break into his home. Sheriff John Welsh quoted Swan son as saying he fired the fatal Bhot in the darkness after the only lamp in his home had been broken. Swanson was arrested and charged with the murder. Seven other per sons were held as material witnesses. APPEALOFCANNON VERDICT IS FILED Government Appeals Deci sion Invalidating Indict, ment of Bishop Washington, Feb. 15.—(AP) — The government notified the District of Columbia Supreme court today that it would appeal from last Saturday’s decision which invalidated corrupt practices act indictments against Bishop Cannon, Jr., and Miss Ada I*. Burroughs. John J. Wilson, assistant district attorney who acted for the govern ment said the appeal might be ready for the district court of appeals with in s week. Sixty dayt are allowed for perfect ing it. WILL LIMIT DEBATE ON BANKING BILL Washington, Feb. 15. — it'-'ide the settlement. A message received today by the State Department from Consul Gen eral Edwin S. Cunningham :>( Shang hai. said lie had protested to the Jap anese consul general against the land ing of Japanese troops in large num bers on docks in Hongkew the .-na tion of the international settlement which is policed by the Japanese. Similar action was taken by the British eounsul general. Cunningham’s move was made un der his instructions to act on Indi vidual Instances which violate the neutrality of the international settle ment. REYNOLDS TO OPEN DRIVE ffi SHELBY Senatorial Candidate Plans To Open Campaign on Thursday Night Raleigh. Feb. 15. Robert R. Rey nolds of Asheville, one of the three candidates becking the Democratic* nomination for United States Senatoi from Senator Cameron Morrison In the June 4 primary, will formally open his campaign in Shelby. Cleve land c-xmtv. Thursday night, Feb ruary 18. h" announced while here Sunday. “Several different cities have asked me to open my campaign in them, but the most insistent demand came from Shelby, where a petition was signed by more than 750 men and women asking me to open my cam paign there.” Reynolds said. Rey nolds would not indicate along what line his opening speech would be other than to hint it would serve to let the entire State know tnat is In the contest for the senatorial nomina tion to the finish. Following the opening of his active campaign in Shelby Thursday night. Reynolds said he expected to devote almost his entire time to his cam paign, speaking almost daily, some times twice a day. and that he hopes to visit every county in the State. datelUng HARWOOD CASE GET Preliminary Trial Os Super ior Court Jurist Set For Tuesday Raleigh, Feb. 15 (AP)--A prelim inary hearing for Judge John H. Har wood. speial superior court jurist, charged with tampering wtth the rec ords of criminal and civil actions of the £state against his daughter, Miss Lola Harwood Is scheduled to be held In police court here tomorrow. The judge was arrested Saturday shortly after Governor Gardner had suspended his ommission. He made bond In the sum om 31,000. Members of the State legal staff would not comment on the rumor that documents in the case had been had been photographed for finger prints. Neither Judge Harwood nor employes of the .Revenue Department have been finger printed, police and Assistant Attorney General A. A. F. Sewell said today. WEATHER FOB NORTrf CAROLINA. Rain tonight and probably Turn day morning; slowly rising tem perature Tuesday; fresh northeast and east winds. Heavy Gunfire Is Resumed In Chapei Sector; Chinese Call On League For Drastic Action ECONOMIC BOYCOTT GOUGHTBYCHIHA Report Os Special Investiga. tors In Shanghai Area Made To League DECLARE WAR EXISTS Commissioners Also Declare That Of fensive Is Entirely In Hands of Japanese In Shanghai Area Geneva, Switzerland, Fe.S. 15. (AP)—China prepared today to call unon the League of Nations to authorize an economic boycott against Japan, the most drastic action provided for in the cove nant of the League of Nations, unlees redress is obtained through a special meeting of the league as sembly under Artile 15 of the ovenant, which it has invoked of ficially. Report Made. The decision of W. W. Yen, Chin ese spokesman, coincided with a re port received by the league from its investigating commission at Shang ha iin which the commissioners de clared "a state of open war exists" there and “the offensive is entirely In the hands of the Japanese whose declared object is to capture the Wooeung forts and drive all Chinese to a considerable distance" from the FEDERALISTS ARE CUT HEAVILY House Committee Turns In Measure After Making Large Reductions Washington. Feb. 15.—CAP) - All Important divisions of the State, Jus tice, Commerce and Labor depart ments except the prohibition bureau felt the sharp scythe of economy In their $124,713,000 supply bill for next fiscal year, reported today 'to the house. The Democratic conrolied appro priations committee cut $5,170,000 off the budget estimates of $126,784,000 but tett untouched the request for $11,369,500 for the dry enforcement unit, the same amount appropriated for the current year. However It dis closed the budget bureau had reduced the; original prohibition bureau re quest for $13,635,000 by disallowing an Increase from 2,000 to 2,500 in the number of dry agents. CHARGE DENIED BY FOSTER ON STAND Republican Official Denies Soliciting Funds From Postmaster Greensboro. Feb. 15. —(AP) —W. H. Foster, secretary-treasurer of the Re publican party in North Carolina took the stand today In his trial here. He is charged with illegal solicita tion of party funds. Foster contradicted the testimony of James B. Fagg. former Leaksville postmaster about party funds solici tations. Foster said he went into the Leaks ville postoffice and introduced him self to Fagg. The latter then request ed Foster to accompany him Uutside to Foster’s auto where the two talked about contributions. Fagg had testified that Foster ap proached him inside the poetoffice. SWEDISH FREIGHTER REPORTED ON FIRE New York, M. 16.—(API—The Swedish freighter Haltonm sent aa 806 title morning sajriag fire had broken out In her hold about 425 miles east of Halifax hot ad vised rescue vessels a* iid§ a. m. that she was In no further need of PUBLISHED EVERT AFTERNOON EXCEPT BUNDAT. Shideh&ra 111 H, ... s were going on while the Japanese completed unload Ing troops and supplies in the Whang poo near Woosung. Shanghai. ( Kina, Feb. 15.—(AP) —Heavy gunfire crashed In the f hapei sector soon after dark to night ending a day of compara tive quiet and observers In the In ternational settlement thought It might Ik* the beginning mi the Mg push in which 25,000 Japanese will be thrown against a Chinese army twice as big. Resume Conflict. Heavy artillery was Mazing from the Japanese lines and Chinese trench mortar batteries responded weakly. The fire seem ed to be concentrated on Chapei and the armies at Wooeung had not resumed their engagement. Official reimrts Indicated that more than 85,000 soldiers, 10,000 of them com prising the foreign garrison, were massed in tit* Shanghai-Woosung area, awaiting a trenmendous battle. NEW YORKERNAMED TO SUPREME COURT Chief Justice Os New York Court Os Appeals Ap pointed By Hoover Washington. Feb. 15— (AP)—Ben jamin Nathan Cordozo, chief justice of the New York State Court of Ap peals was appointed by President Hoover today to the Supreme Court vacancy caused by the resignation o t Justice Olive Wendell Holmes. Cardozo Is now chief justice of tb# New York court. He has been strong ly recommended by various elements deecribtn gthemselves as liberals. Ha is a Democrat and a Jew. The name' was to be forwarded to the Senate sometime today. Confirmation is assured. When Judge Harwood was tokl Fri day night that the warrants had been Issued, he expressed surprise, but had no comment to make when be ac cepted service of the warrants Its! unlay morning. Though he has not yet resigned as a Judge of the Superior Court, Judge Harwood wrote Governor O. Max Gardner a letter Saturday mortdng asking that he be suspended and re lieved of duty without sulary until the charges against him had baeaaU posed of. This Governor . Gardner agreed to do at once. Governor Gard ner further indicated that in Ha* with his policy of economy, be did not «- template /appointing another, Judge even temporarily to the port relin quished by Judge Harwood. Though Governor Gardner has the gowns to appoint two additional Special Judges he has declined to do so on . she grounds that they have not.boon deed ed and has thus been saving |m f (Continued on Page Fotr) {