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■BTABLISHED 118 0
CO-OPS WIN BEFORE
SUPREME COURT
Signers Must Sell With Association—Court
Sustains Contentions of the Co-ops
Raleigh, April 12.—The cooperative
system la the moat hopeful movement
•ver inaugurated to obtain Justice for
and improve the financial condition
of farmera and laborer*, according to
Chief Justice flark, of the Supreme
court of North Carolina, in the daci
aion handed down by that body yea
terday which upheld the contract of
the Tobacco Growera Cooperatice Aa
aociation. In today'* decision, to j
which no diaa«nt wa* filed, the court
held that the act nnder which the To
bacco Growera Cooperative A •aocia
tion waa formed is conatitutional and
that the aaaoclation is not a monopo
ly In reetralnt of trade.
In this decision by the highest trib
unal of the atate, It was pointed out,
that the member* of the tobacco co-1
operative are abeolutely protected
•gainst private profit or unfair ma-!
nipulation. "The act establishes a
complete plan of organization for co
operative marketing of agricultural
products under the fullest public su
pervision and control. Every poasible
safeguard against private profit,
manipulation by a few powerful mem
bers, squeeslng out of the weaker
member* and abuse of powera are em
braced in the law," according to Chiaf
Justice Clark, who said "instead of
creating monopoly, the object is by a
rational method of putting the raw
product on the market from time to
time as there ia a legitimate demand
for its manufacture, and by the exten
aion of credit to farmer* to enable
this to he done to prevent a monopoly
of the tobacco industry, by those who
manufacture it.
Ihe right ol the association to col
lect liquidated darfiage* wax mads
clear by the court, which stated 'the
law permit* liquidated damages in
ca«e of breach. Indeed, iiuch damages
would have been allowed without any
statutory provision,' and pointed oat
that on account of the cooperative na
ture of the enterprise and sines it'
make* no profit, a grower who ha*j
breached his contract must pay ths
cost of the suit, including premium i
for bonds, expenses and fees in tV »
action, as the membership of the t f
socintion is limited to irrowers and a
contract breaker breaches his con
tract nrainst his fellow members, so
that it would be unfair to make them
pay for his violation.
Declaring that the Cooperative As
•ociation increases consumption by
furnishing the consumer a regular
supply at a less price, and at the
same time enables the laborer and
the farmer to obtain a remunerative <
return. Justive Clark made clear that
while cotton prices have hitherto j
dropped in October oecause the pro-!
duct was Humned unon the market,
this year since the Cooperative Asso
ciations took control of close to two
millions bales of cotton, the price
opened at twenty cents in September, j
and instead of going down, it rose to i
•round thirty cents.
"Jt is an entire misunderstanding
of the fact to assert that an orderly,
systematized, cooperation amone the
producers to prevent a sacrifice of
their products and realize a living
wage for the laborer and a reasonable
profit! for the pnoducers, has any
analogy to the system by which great
combinntions of capital have prevent
ed the laborer and the farmer alike
from realizing a rep .iablc reward
and a decent living."
Declaring Ihat t'.w legality of coop
erative msrketili.t associations h;i*
keen upheld in many decisions in
other rourts. '.iday's opinion stressed
the fuct t'.at the members of the To-1
bacci Grower* Cooperative Associa
tion are associating themselves as au
thorized by the statute, like other
persons, and they have signed mutual
and fair agreements among them
selves which will be futile unless
those who have signed such agree
ments can he held to abide by the
terms of their contracts.
Dc'ining the difference between a
corporation and cooperative, the
chief justice, in handing down the de
cision of the court, declared 'the co
operative principal requires Ha ser
vice* to be performed for the coop
erating members by fhelr appointed
representatives and not by independ- j
ent business unit* dealing at iraii I
length and striving for profit.'
The extent and benefit* of coopera
tive marketing were brought* out in
the opinion of the court, whirh refer
red to the fact that the annual turn
over of cooperative associations in
California ii approximately three
hundred million dollar*, that there
were at leant fourteen thousand far
mer* buying and railing associations
>n the United State* in 1920, who»«
annual business haa been placed at
about one billion dollara.
Today'i decision dispone* of the
caae of Maynard Mangum, prominent
defendant of Durham, and ex-em
ployee of the aaaociation, the cane of
W. J. Ball, large and wealthy planter
of Warren county, and the case* of
W. T. Jone* and Z. A. Harrell. which
were the first to be tried by the To
bacco Grower* Cooperative Associa
tion.
It also disposes of the case of the
Peanut Growers Association vs C. T.
Harrell, a case involving a coopern
tive organized under the U«> uf Vir
ginia and operating in North Caro
lina. Major W. T. Joyner, assistant j
attorney for the Tobacco Growers Co-j
operative Association, when inter
viewed tonight, stated that be r«>i
sidered the opinion of the court as
handed down today, the moi<t import
ant cooperative decision yet rendered j
in the United States and an important
mil* post in cooperative law. m ! •
ed that it settles for all time the leg
ality of cooperaivc marketing a*«o-1
nations and eantracts in North r
Una.
Broody Hen Causes Lou of
Eggs
Raleigh, N. C. April 1." \ 1
always in a laying condition when mi.
goes broody and if th:
broken up at once aho will almost
immediately go Urlt to !»•. it 1'
she ia allowed to remn r on th>- n*-*t
for aeveral days, how«*v< • >hc ■
and oviduct will gradually rouede to
a dormant condition ai 1
week* of production h tl h 'I Willi
be loat at a time when iwr
needed. One ahould 1>< irin hi .V • t
up the broody condition
placing the hen in a specially con
structed brody coop, sr.' [>r K.
Kaupp, in charge of po i"' ■ '
(rations for the State Coll' " a - d F.\
periment Station.
Dr. Kaupp states that a ;■> '
coop can be made from laths slatted
on all sides including the
This coop can either be plac< .1 i !>. •
or hung from a tree. By placing thf
hen in such a coop just as soon a* *h<
begins to cluck, and remain on the |
nest, and by watering and feeding her,
grain and laying mash Dr. Knupp:
finds that she will start to lav again
within three or four days. She can
then be returned to the laying house.
Dr. Kaupp advises that as soon a«
the ^ien is placed in the broody coop,
she should be fed at once so as not
to have the chance to absorb the yolks
that are developing in the ovary. By
having the bottom of the coop flatted
the hen cannot hover and soon gives
up the tendency to brood foe*
If the hen is left on the rest or if
she ia not properly fed she will re
absorb the eggs which are already
developed ao that the care watering
and feeding mmt be done right.
Throwing the hen off the nest, dtp
ping her in cold water, or not feed
ing her, ia abuse only and will not
break her up. This will often cause
trouble. With the assistance of the
broody coop and plenty of feed, the
hen begins to lay even before she ia
removed from the coon. A financial
loss will thus be saved.
ADMINISTRATOR'S NOTICE
Having qualified as adminiatrator
of the estate of Cyntha Yow deceased
late of 8urry County, North Carolina,
thia is to notify all pemons having
claims against the estate of said de
ceaaed to exhihite them to the under
signed at the Bank of Mount Airy,
Mt. Airy N. C., on or before April
18th 1924 or this notice will he plead
ed in bar of their recovery. All per
sona indebted to the Mtate will pleas*
make immediate payment.
Thia 18th day of April 11)23.
The Bank of Mount Airy.
By Ewd. M. Linville, V. P. and
Trust Officer.
WIFE O*- ' ■ "* • {
DENT . K M U. S
Fasting of R'-p
A pain ' V '
Eicciii ii < *t:njli<
Pr«Mo
Wa«h nir • • ! \t: -r
ran iro. I u
if«»t it .1
■nee nt th ; i•-1 . i uf Iat
Ine mill Tci1
exei ut»m • ' t > Itut- r
vitrh put f< I I i hi n|
po*iuJ i ri
the nfivict, ►' ,1- 'i t I
withjr.i. ' i < -n i*r>< f r
»I li
Riiwia" |
pay a Vlmt i
In ani'
department ii
of their
th/.urH of ■ * ' r. ■» ho*
pifalitv '• • < inditcrtlv
Ctwtjiii ;-v'i ri g.ni.'.;
TKoy t ■ >■". .-ii i
r»»tcn«iM> hllti 1 . ;iri t i;i - lif
her iiinti ,
fetdmir .if rffniifiiaim- «fwin*t lit-r In
raw i» of I hi it, ri of tkc vicar
Kim r»l.
"The ricfxirtni' 'it uf ' " I «h
ter»l nv t, "ha
ran •!' ition f< r a vi*a
for M: if the 11
ijci t ■ r ' '■-<! ■ •
•f Mi * i ■ i- • mi'
Kill1 :i*v I, rendered
wholly in i. Iv tin- deep t«. i
inr which l i ■ (.(Hi• •■! by th -
i»*iH*ut if»d <»f .rtjenpml Itotrhka
vitrh ' -i 1 partmentj
is taken ■•> prot ;-t againut.
#»if.»
Kv#»n Ho for. t l«fth • ntoner off
th** v. . i . i11i<i effi*c •
many prot« 4*.against the admission
r»f thr nt' wifc» hnH
pwi«Vrt 4 j'j - *tu?f <i< panrrj' nt,
isntkin^ whn havf uppewe i ^•-** mi
ntkiHtn n( - .. .i t . . in thi»
iHuit>try. pn d k i " • thnt he wouM
rujtk« p^ituil injj.Lal \»f b«?r propo*
N§ trip ov^r th»> roup try m the int«r- •
,-M. (tf ?t-,n A'fmiliintrfi.
tion offu • * v<- »■ !i5 ? nd no tejrnl
hnrrirr to h« r entr" into th" rountr
\: i >w vcr, thf A m e *'.■■ st n c « n su I a {
♦t Rikra ar \U v*i wt-rtt itintniotnl to
.. i.4,r ,€ - * •.rt.
Siner tht (fxcrution. however, which
wt* mrr;«x! out ovi»r tht*
»f most of th<» civil»x«i world «n<l
in i|i«r»»rnrr1 of iin htm-^
fr*m United Stat<'* ' ? a renpiU-.
tW or*»t«*fttt* Hav" srr #«tlv
vahitn*. ;> pj»i< ;» ih«- short
"tat^mnnt out nt the defwrt- j
official* naid th" action taken!
Yhii ' i tr prr«toHts '
.»« Will a.->.ii r • in it.nrlf a^aihsi
imposition o< • *h p r**ilty.
V- !• t"» K*-1' ' VvM
«i K.«r» l« K.I • 'pied t\^-t
months ilonif «hich limp shf
to aiftirPM1 '• ' o i. .. under1
the audpii-cs of th'- ^mr'cnn coin
mittP for rili>*f of I; -- an children.
!t tm th<- unj.-ri.tnnd l>-n- that
she #a |Brt|MU"inir to M.irt for Ameri
ca in the very m ;ir future.
Dunces 50 Hour -. v nd Brenk*
World Re-cord
Kiav York. A[.ril 9- Witt*, a Texan
whoop Mi<» AIr.ia Cumminr* shook
licr wnm «1 ppors from Her (net tc
niirht anil did a barefoot ( -ou-'ttf on
the floor of ui »towro li.tll.
and thus »u created formally a i w
world's record of 50 hours' continuous
dune in if.
Mills Cumtnir" the. San Ar. -lio
Ifirl who rrscr' t breaking "f her
world's Tv«iri| for continuous danc
ing last week l>y a pair who went six
more hou>s than her ~7. She start
i*d off on a new attemrt at 7:1(1 last
Saturday evening. At 9-15 tonicht
she finished her steipinjr. having
irone 50 continuous hours.
Sho said she was not tired. She
u«"d up the .nr-rjry ■ f tiv ore!. tra
and seven men partners. Some
Grapefruit, tomato soup and peanut*
were her only food. Sh" would have
rone beyond ttv "ifl mark. Miss (um
minKS said, ex> ■ pt that mr ... be
(tan to ache h<- nu«e »!•« vns exposed
to strong sunlirht for three hours
this afternoon. During the last six
hours ice cold towels wore applied to
her head. Her employer presented
her with a silver loving eup.
Indigealion and ( oastipation.
"Prior to using Chamberlain's Tab
lets, I suffered dreadfully from indi
gestion. Nothing 1 ate a (tired with
me and I lost flesh and ran down in
health. Chamberlain's Tablets
strengthen**! my diiestion and cured
me o' constipation," writes Mrs. Geo.
Stroup, Solvsy, N. Y.
CLEARING THE COURT
DOCKETS
" I
Ju '*«• l ong Diimiwci 304 Old
n N i Menbery
County
• ' 1". A total nt 'VM
' 1 .. um the
» io» e»mrt 4aeki>e° »l« —
1 WJ rtceaa
' ' ' ' <n follow-j
I"* * wort t»M«i
« re
ft r»f t|,„ .
r * r"UH u|>
J'1-" »»• ti fir i of thiw *».r
*■' Vl '' ' r ,■ ,i ,c '
' 1 !> ■ r C'>m« up
1 ' ! ' • f w !t win
♦ Ufi •* i» »
!h it ft„m ! i yo,, W(|j
' '' • • ' •' !
* ' iMM'A
thv v. r% of The courts
, t 'v> fiam) r
" •' • ■■ t as.fi,
ft 'Artimittvt.
"« " * £o over
i <iv»ehr&r sijcJ rvcommerui
' " •t.rrrVfn oUt it
Jutigv I^onjf,
ti ifi /ill f.hn roun*
"« ' N wh.-r. con
He MUmi rated tha
Axhcvillc and
Pr. . ire I,a- h.en warmly re
iwcl , .
,r" m:u while hold
• re, •' I*. (..nig took step*
• .a number of r„m<IVM|
At that
r than
1 '' " I • intend* to
i' nu the plan and will hear two
, ' MjAJit during h.s ierm
Thi< wi" relieve the county |
ij.rable an(J W|„ ^
•'i ' re r urt, it la
'•i.- .) wi<rv
The «ild
' lr"Pr I • ' .t of Jame*
■•i«ton ajri'M-t Th mm Gobble
* " <*h*i the!
' ov"' ' land.
filad AjtrJ i. Jv 14 aMi
"•*" » i,,v
!••• 1 the
•> M t! -
Locked • o Have Fight
' 1 ' M ' ■ m ,rk
ha(|
1 Will
' 1,1 ' 4« if. ft jury
' - v
• - ' • Hit
torl-.y
T>'- Jur>' madt' up of eight men
- ,;r two ,f the I after
• «•' r" • • •! «J> all night try
" ' h 11 v' '• ' ;n nr. a^ualt
11 v i- . r, .iik
th.- 1)nc„m.
r, mark to Juror Howard
• hi iccompnnied
/; ' • "" the faee. John«on
court. It wa* also related
r C"urt that Johiwoti »eiz<Ki the I
lofiwd, I
I ■. rourt wan also informed that'
* ',, d 1" "" unbecoming manner by
' ' '■ h ''n th«> prenence ofi
"• -r A tipataff told
7"rt ,h"f he "yanked him out of
* upper was king *erv
tipstaff did not Mate
r Johns<in hwl prepared to re
ImvJ for the nipht. I
, V :,i 'i "''tinned the
m-n. and while th. y said they
'' argument between the jur
t' - v were rot eye witneajes to
^"i.lent* Jhey told the court. The
room i« provided with acoomnvHU
«on» f,,r nrt i**-d juries.
The judge finally decided that he
' "uW '"onsideration to the
''"turbance." and onlered Johnson to
remain in court. The jury disagreed
n the cane and was discharged. |
says No Man Shall Hang Or
Go To Chair
Oklahoma City, Okla., April 11.—
Governor B. C. Walton intend* to
rommutf all death sentences of pris
!><•!-- at the state penitentiary to life
imprisonment, asserting that ho will
not puss Ahe cases to the next gov
ernor by a series of postponement.
"Regardless of the criticisms thata
may he hurled at tm>, I have the legal
authority to say that no man shall
rlie in the electric chair or by the
hanjrman'1 nooae in this state and
that is my resolve," the governor
said.
Six men are new awaiting execu
tion at the state penitentiary for
murder.
HARDING TAKES
ANOTHER LICK AT US
South Will Not Bo Rapreawnt
•d On Rtitrr* Board
Washington, April 10.—Praaidant
Harding took • wallop at the south
today whan ha mad* it known ha
would not nama a southerner for tha
federal reservs board. Ha ia peeved
over tha failure of tha aanata to eon
firm tha nomination of Jamn (J. Mc
Nary of El Paao, and aaems to faal
that tha aouth waa raaponaibla for
that. Hanator James Coaacna, of
Michigan, hlocked tha McNary nomi
nation. Cousens ia a republican.
Tha President ia about to appoint
a Kanaai man to tha board, and hia
explanation fiat tha aouth ia not
'ikely to sat a member now, aa Mc
Nary failad, ia • aoft place for him
fall on. Southern aanatora will
pmtaat againat auch action. TVey
think tha south ia antitlad to placa,
and tha republicans are taking it for
another aection.
It waa aaid at tha Whita Houaa to
day that tha aouth ia not apt to hare
n-prascntation on tha board again
President Harding Is feeling fine,
hut mora of a partisan than before.
He does not agree with leading Wil
son democrats who hare asserted
that his proposal for United States
membership on the court of inter
national ] tut Ice waa a roundabout
way of getting Into the league of na
tions. He resents the suggestion that
his purpose la to enter the league by
the back door.
The administration, It was explain
ed today, is not proposing any new
ntitude toward the league of nations
hy* recommending the protocol court
provision, The issue, acoording to
the White House, is becoming be
clouded because of the arguments of
the friends of the league that Mr.
Harding's position is the hark d or
entrance.
Democrats believe they are right.
The republicans want to right thrm
selvea, but they dont know h' W.
North Carolina Third Frtm
Last in Illiteracy Standing
Chapel Hill, April 11.—Baaed >n the
1 St h and 14th censuses, the a^rage
of white illiteracy in the I'nited
States was 8 per cent in 1910 und 2
tier rent in 1920. with North Carolina
ranking third from the last in stand
ing of states, according to figures
compiled by the denartment of rural
•octal economics. University of North
Carolina.
The average in North Carolina was
12.3 per cent in 1910 and H.2 per cent
in 1920. Louisiana and New Mexico
were the two statea ranking below
North Carolina.
"The white illitftates In Denmarl.
are only 2 per thousand inhabitants,'
it is stated. "In North Carolina, they
number 82 per thousand, or 41 times
as many. Almost nobody but the
feeble-minded are illiterate in Den
mark. Illiteracy does not mean fee
hle-mindedness in North Carolina as
in Denmark— not yet at least, but
some day in the near future it may
1 ave some such significance in this
state."
Montana, Idaho, Wyoming, Utah
and Washington led the nation in
1920. aocordin^ to the figures, with
MaAsai husetts. Connecticut, North
Dakota, Minnesota, Nehraaka, Neva
da, Orvgon and California next.
21 Year* in The Pen For
Banker
Cincinnati. Ohio, April 10.—A. H.
Penfield, form or cashier of the
Springfield Ohio National bank, who
pleaded guilty to wven of 12 counts
in an indictment charging embesxle
ment of the hank's fund* wat sen
tenced tc serve 21 year* in the fed
eral prison at Atlanta by Federal
Juige Hickenlooper late today.
The former banker made no com
ment when Judge Hiekenloop«r pass
ed sentence upon him. He will be
taken to Atlanta probably tomorrow.
Penfield walked in the courtroom
with a smile on hi* face. He wa*
taken to the Hamilton county jail
where he spend the time prior to hi*
removal to the federal penal Institu
tion at Atlanta.
He appeared before the federal
grand jury before hi* sentence wa*
announced. He wa* understood to
have testified relative to hi* transac
tions in the stock and grain market
and it wa* rumored that other per
sons would be implicated in the man
ipulation of Penfield, which amounted
to nearly 11,004,000.
The federal grand jury will maka
it* final report to Judge Hickenlooper
tomorrow.
JULE CAM A REBEL AND
A KU KLUXER
Pr*ti<l«il Harding'* Father
Addraaaaa Old So Id tars
and Eulofisaa Laa and
Davit
New Orleans, April 12—-General
William B. Haldeman of Ixiuiaville
Ky„ *u dei-ted Command.-r in
Chief of tKa Confederate Veteran* at
the doling bu«ine«s *e*aion of the
annual reunion here late today and
Memphi*, Tenn., *a* tale ted a* the
1924 reunion dty.
Only Memphi* and Dallas were in
the conteat for the next reunion, and
the Memphis apeakers were rein
forced with a petition more than 100
yard* in length and bearing the de
nature* of thouaanda asking that the
veterans come there. The document
contained the name* of 16,000 school
children alone. It wa* a nip and
tuck race between the two aa the bal
loting progressed but Memphi* al.
way* kept a jump in the lead and
when the roll call had been completed,
had polled 620 vote* to 512 for Dallas.
A number of the veteran* had argued
that the reuniona, because of the age
of the delegates, always ihnuld be
held in a central city of the South in
order that the journey might not be
too hard on those residing in the more
distant State*.
Dr. George T. Harding of Msrion,
O., father of President Harding,
spoke to the veteran* twice today.
He declared he considered Robert *T.
I-ee the greatest of American gen
rala and Jefferson Davia one of the
country1* .greatest, atateamen. . He
said he felt very kindly toward the
South inasmuch a* his grandmother
wa« a couain of the mother of Jeffer
son Davis.
After thanking the veterans for
the manner in which he had been re
ceived. he added:
"I want »o thank the Southern peo
ple. too, for the kindness with which
they have treated my son. The
South never had a better friend than
Dr. Harding wa* called to the plat
form again later when a Daughter
of the Confederacy, hearinr a hope
silk Confederate flag, announced that
he had expressed a deairv for one.
| The emblem, the "Star* and Wart- *"
I was presented to him and in «xpn *»
i ing his thanl J, lie told the ve'erar*
' he knew they had stood by it itid
i 'hat "1^,1 had been down hen* I rv
i rw>*e, J, too, would have been 1 ril
! to it."
It was feared this aftem'yv that
I the Ku Klux Klan would he i> . • id
i into the proceedings a* an l»su< Vll
week there had been vague r in -s
that a row over the Klan wa- ti
mering nnd that it would bresk out
| n full force at the least pfcvoc.it ion.
General Julian 8. Carr of Durl . m,
! V. C„ commander in chief at the fore
! noon session during a discu .«n ■ ■ f
the term "rebel" as applied to the
Confederate soldiers, shouted at one
ooint: "I am a rebel and Ku Klux
er too." At the afternoon session he
j loudly repeated the phrase an.l this
I time shout* of "I am, too," came from
j all quarters of the auditorium.
Must Pay Pledge To 75
Million Campaign
Columbia, S. C., April II—Three
important cases were decidiii by the
! supreme court In opinion handed
l down Tuesday evening. One 11 that
j of Furman university against Cote
man R. Waller, et al. administrator*
i o< the i'state of C. C. Waller, father
and respondent, involving a pl>-dge
of $10,000 to the $76,000,000 ram
paiim of the Baptist church, for Fur
man university.
In the Furman university rase, the
late Mr. Waller, father of the re*pon
; dent, pledged |10,000 to Furman uni
versity in the Baptist campaign. Ha
! erased from his pled* card the clause
.specifying that in case of death re
I latives could have the pledge can yil
| ed if they prefered to do so. The es
tate declining to pay the pledge. Fur
i man university brought suit, and the
i lower court ordered the amount paid.
Waller estate appealed, but the ap
peal is dismissed, and tke pledge to
the institution stands.
Adaiatstratar's Notice
Having qualified a* Administrator
upon the estate of T. T. Barker, no
tice is Hereby gTrr-n to all perso—
owing money to said estate to pay
same immediately; and to all persona
having debts agsinat the setaU to
present them an or Wfers March, *>.
1M4, or tkis notioe will be plsadsd ht
bar of lecovery thereon. M e
This the Mth day ef March. IMS.
A. D. Barker. Adnr
J. K. Carter, Attaraey.
in**,.,. .