• ASSOCIATED « • PRESS « • DISPATCHES « •••••*••« VOLUME XXV DEFENSE ASKS THAT SCOPES INDICTMENT BE QIMSHED TOME Motion Made Soon After the Court Opened This Mom-, ing After Recess From Op ening Session Last Week. JUDGES WUJLGIVE DECISION LATER Mild Clashes Occurred Be tween Counsel But They 1 Were Not Enough to Ruf fle Calm of Court Room. 4By the Associated Press) ' Dayton, Tenn., July 13.—Discussion .of a motion by the defense to quash the in- j dictment against John T. Scopes, charg ed with violating the Tennessee law against the teaching of evolution theo ries in the public schools, occupied the morning Herndon of court today. Presenting the motion John R. Neal sj>oke first for the defense, followed by A. G. Hayes, who presented the same contention. Former Attorney General B. G. McKenzie spoke in opposition to the' motion with Sue K. Hicks, of the State counsel, making the last argument before recess. Jndge Raulston, just before ordering a recess until 1 p. m. said to the lawyers: “Gentlemen, the issues in this ease are profound and the court does not want to guess," adding that he would expect briefs filed on the motion to quash. Other than the reading of the indict ment and questioning of a juror as to whether he had expressed an opinion as to the guilt or innocence of the defend ant, the first hours of the day's session were uneventful. Mild clashes of attorneys developed, one between Attorney A. X. Stewart and Clarence Harrow and the other between Ben G. McKenzie on one side and Dudley Field Malone on the other. Neither seri ously ruffled the calm of the Chart Room, Dayton, Tenn.—July 13. —qourt was delayed, 25 minutes in open ing this morning to resume the trial of John T. Scopes, charged with violating the law of Tennessee against the teach ing of evolution theatries fn the public schools. The delay was caused by the activities of newspaper and motion picture men who photographed almost everyone in sight. The opening prayer was offered by Rev. W. A. Moffatt, pastor of the First Bap tist Church of Dayton. The minister in his prayer included petitions for lawyers on b th sides of the case and newspaper men reporting the trio* Harrow Protests Against Opening of Court With Prayer. Dayton, July 13. —The custom of op ening Rhea county court with prayer may become an issue in the Scopes case here. Clarence Harrow, of counsel for the defense, while he has made no formal , statement on the floor of the court, is known to have protested informally to Judge Raulston, presiding nt the trial. , Judge Raulston today said that he was Si years old and would not depart from the custom of having prayer daily , at the opening of court aud if Mr. Dar- , row persisted in protest to the extent of , entering it in the record of the court , would rule that the question was one to < be determined by the conscience of the i judge and resulting in the responsibility being the judge’s alode. i The first prayer was made by a Meth- i odist minister und a Baptist preacher I opened with prayer today. i Jlr. Harrow was silent after both pray- i ers. , How Tennessee’s Act Reads Which For. 1 bids Teaching of Evolution. An act prohibiting the teaching of the ] evolution theory in all the universities, ( norma .s and all other public schools of j Tennessee, which are supported in whole | or In part by the public school funds of the state, and to provide penalties for 1 the violation thereof. Section 1. Be it enacted by the gen eral assembly of the state of Tennessee, I That it shall be unlawful for any teacher in any of the universities, normals and all other public schools of the Btate whit* < are supported in whole or in part by the * public school funds of the state, to teach < any theory that denies the storjr of the * divine creation of man as taught in the "1 Bible and to teach instead that man has t descended from a lower order of animals. I Section 2. Be it further enacted, That any teached found guilty of the 1 violation of this act, shall be guilty of > a misdemeanor and upon conviction shall ! be fined not leas than one hundred dol- I lars and not more than five hundred dol lars for each offens£. 1 Section 8. Be It further enacted, 1 That this act take effect from and after its passage, the public welfare requiring I It < !j Concord Theatre 111 (THE COOL SPOT) | | TODAY AND TUESDAY | | “ThTyoved 1 H With An Alt Bt«r Cast of Noted U 0 \ ttiJWB H I Pathe Newa No. .M and Aeaopa | The Concord Daily Tribune ACCIDENTS SUNDAY | LED TO DEATHS OP , NUMBER OF PERSONS More Than Three Score Per j sons Killed by Heat Wave, Autos, Drownihgs and Air lane. Accidents. 29 PERIShIeD AT VARIOUS BEACHES Four Were Killed by Light ning, 19 Perished in Auto Accidents and Six Died From Excessive Heat. (By the AhwUM Press) Chicago, July 13. than three .' score persons were killed yesterday throughout the country as the result of the heat wave, lightning, autos, flying and bath’ng mishaps and other causes. With thousands of persons seeking re lief from the humidity at beaches; deaths from drowningjed the fatalities, 28 lives being lost. Nineteen were killed in auto mishaps, four were killed by lightning, six died from heat, three perished in train explosion and one met death in an auto mobile accident. In nddition several score were injured, mostly in motor car accidents. Two Killed in Airplane Accident. Westburg, N. Y., July 13.—First Lieu tenants Chas. R. Hickey, of Brockton, Mass., and Albert C. Perry, of Marlboro, Mass., were killed today when an air plane crashed near here. The plane went into a tail spin at a height of about 700 or I.IKKI feet and fell in a field and instantly burst into l flames. An ambulance and wrecking crew hurried from Mitchell Field, and the bodies, badly charred, were taken from the flnming wreckage. CONTRACTING BOARD FORMALLY ORGANIZED Examining Board to license Contractors Elects B. L. Goods, of Charlotte, See- SSfcrißfcTfSss# tfcr'T session of the general assembly, a law was ratified to regulate the practice of general contracting. This'act requires an examining board of five to be ap pointed by the governor. The men ap pointed on this board by the governor are H. P. Grier, Jr., of Statesville; C. D. Rigsbee, of Durham; R. L. Goode, of Charlotte!; XT. A. Cnderwood, of Wil mington : H. C. Caldwell, of Asheville. This board held a meeting in Char lotte on July Bth, in the offices of the Associated General Contractors of Amer ica, and completed arrangements to issue license under this law. \ Contractors do ing business in this state on or before March 10, 1025, will not have to stand the examination if they secure applies-1 tion blank, fill out, attach check for S2O j and mail to R. L. Goode, secretary treasurer, state licensing board for con-1 tractors. Charlotte. These blanks are I on file with the sheriff of every eountv • and city tax collectors or can be had by j writing to Mr. Goode. This act as ratified specified that any one who for a fixed fee undertakes to construct buildings, highways, or other qtruitures in accordance with plans and prepared fey. a licensed ar chitect or’ registered engineer, shall "se cure state license. Section 14 of this act states that all architects and engineers preparing plans and specifications for work to be con tracted in the state of North Carolina, shall include in their invitations to bid ders and In their specifications, a copy of this act or such portions thereof as are deemed necessary to convey to the bidder whether he be a resident or a non-resident, of this state, and whether a license has been issued to him or not, the information that it will be necessary for him to show evidence of a license i before his bid is considered. BANKER DEAD BUT FAILED TO EXPLAIN SHORTAGE Dies From Slow Suicide, Wasting Away From ,290 to 110 Pounds. Kansas City, Mo., July 11.—A victim of slow suicide. Joseph R. ’Gant, banker and once a civic leader of Kansas City, died early today without revealing what became of $633,000 he was charged with having embezzled from the defunct Cen tropolis State Bank, of which he was president. Since the closing of the bank Novem- ' her 14. 1924, with losses to 2,700 small ( merchants and workingmen, all efforts of , State banking official to trace the em bezzled money have failed. \ It was a “one-man" bank, and exam- ' iners declared only Gant could solve the riddle. The banker disintegrated when the blow go his prestige was struck with the ( closing of the institution. A big man, weighing 220 pounds, he wasted away until at death his weight was only 110 pounds. Physicians and relatives agreed his ' death was the result of his determination 1 not to live. DoPaoio Winner of Laurel Track Ram Washington, July 11.—Peter de Paolo, Italian racer, was declared, the winner after a recheck tonight of the 250-mile inaugural automobile race today at the new Baltimore-Washington speedway. Bob McDonough, 25-year-old protege of Tommy Milton, who was first an nounced »s the winner, was found to have finished second, almost a lap be hind de Paolo. I Prof. Robert Charlotte, INFORMAL SCENES AT COUNSEL TABLE | 4 w f , / Jr; ’ \ * , '' ' < i,* , film-* ■P r ''-‘J ‘ jESBRr ijfeL v c ' IWiiMM—ana—mn k - I I % Wifi 111 11 r; . m „ - mmS—ra I 1 If ff 1 I y 1; tSg g* i| jt §| I _ 1 I ffilllt j ' If §—rfw. ,*’ If lim -> , a 1%% ■JM JHk mim I ml j «mM| 2 t w \ ‘fgi if -Ty' imnffr,mrr AIR HUNT FOR KNAPP, THE SUPER THRILL KILLER An Army Plane Has Flown 300 Miles In Order to Search For Him. (By the Associated Press) New York, July 13.—An army plane has flown 300 miles in order to search the foothills and woods of northern New I York for Philip Knox Knapp, deserter j from the army air corps who fs reported as a killed for a super thrill. I The air hunt for Knapp, \vho appar- I ently slew Luis Penella, taxicab driver, ; “ f,er exhausting all other means th get I "a kick out of life," centers in Platts burgh. Tlie plane wits dispatched from Mitch ell Field by Major Hensley, Jr., com mander, yesterday. It carried photos of Knapp ami other material intended to assist the guard force of state troopers, and army police in quest of him. Important Clues as to Knapp’s Where abouts. Syracuse, N. Y„ July 13.—The state wide search for Phillip K. Knapp, Syra cuse youth who deserted from the airtny aid corps after he is believed to have killed Louis Penella, Mineola taxicab driver, .was given Renewed impetus today with the announcement that a police hail important clues ns to Knapp’s where abouts uncovered in the 1,000 island re gion. The police is certain Knapp has not crossed into Canada. Friends of Knapp here bear out the belief of the authorities that he was well acquainted with the 1000 islands, where he has stayed for vacation period and where he is said at one time to have ton ducted a .runt running enterprise. THE SITUATION IN CHINA Russian Steamer Sails For Canton With 1,500,000 Rounds of Ammunition. (By the Associated Press) Canton, China. July 13.—A local cor respondent of a Japanese semi-official news agency says it is reliably reported that a Russian steamer bearing 1,500,- 000 rounds of ammunition has sailed form Vladivostock for this port. Shanghai, July 13.—A wireless mes sage from Chang Sha in Hunan prov ince says the Chinese authorities there have renewed assurances of protection for foreigners. Hankow, July' 13.—Reports from Chant Sha say a strike of coolies began there Friday and that a general strike is set for tomorrow. Hong Kong, July 13.—The situation at Canton is reported quiet, hundreds of I agitators having proceeded from the city to coast ports to carry on their propa ganda. \ ________ Skyscraper Garages Planned for Chicago. Chicago, July 13.—Skyscraper garages to solvit Chicago's downtown parking | problems may result from an opinion of Francis X. Busch, city aEtorney, legnliz ing construction of the Jewelers' build-1 ing, forty stories tall, os a combination garage and office building. The building will be 557 feet tall and have a storage capacity of 572 automo biles. Twenty-seven per cent, of all floors up to and including the twenty third would be devoted to car space. CONCORD, N. C., MONDAY, JULY 13, 1925 THE COTTON MARKET Opened at a Decline of 5 to 7 Points No Aggressive Buying. . (By the Associated Press) New York. July 13.—The cotton mar ket opened steady today at a decline of 5, points to an advance of 7 points, moHt active months being higher on failure of early report to show as much rain as had j been hoped for in the southwest. Ileln- 1 lively easy Liverpool cables had little if any effect on sentiment aud while there was no general or aggressive buying first prices worked higher on coverings. At the end of tiie first hour October wen to 23.84 and December to 23.94, net advances of about 22 to 24 points. Liv erpool rallied after the opening being, in fluenced apparently by the market here and disappointing weather news. Cotton futures opencil steady: July 23.30; October 23.35; December 23.74; January 23.18; March 23.47; May 23.70. SEVEN ARRAIGNED Secret Indictments in Case of the Collapse of Pickwick Club at Boston. (By the Associated Press) Boston, July 13.—Seven were arraign ed before Superior Court Judge Lum mus today on secret indictments returned by the grand jury which -last week in vestigated the collapse of the Picwirk Club on July 4th in which 44 persons lost their lives. Two of those indicted were employes of the city of Boston building department. . ] Livingston Easley has returned to the ; city after spending some time at Mon- I treat. • | ( J. B. Duke Offers to Extend His Electric Line Through Rich Section Charlotte, July 11.—Immediate exten sion of the Piedmont and Northern rail road lines from Charlotte to Winston-Sa lem via Concord, Kannapolis, Salisbury and Lexington, appeared as a foregone conclusion here tonight with an announce ment from spokesmen for J. B. Duke that the tobacco magnate is ready to proceed with the program of extension when as sured of public support in the enterprise. The announcement made it plain that Mr. Duke will not ask citizens to sub scribe for one cent, of stock in the enter prise but that ail he. asks is assurance of hearty co-opern tion of the business men in the territory to be touched by the proposed lines. At Mass Meeting. Announcement of Mr. Duke's inten tions was made by former Governor Cameron Morrison, who of late has been very close to Mr. Duke and is regarded as Ilia spokesman. The former Governor spoke at a maß» meeting of prominent lo cal gusiness men in which he asked their support in the move and suggested that if (hey saw fit to indorse the plan and present the indorsement to Mr. Duke he felt certain that action would be started at onee. Mr. Morrison gave assurance that Mr. HEART OF NEW YORK BECOMES SURGING RIVER Seriously Affected Subway Traffic and Threatened to Topple Buildings. (By (he Associated Press.) New York, July 13.—A surging river suddenly came into existence in the heart of Manhattan early today, serious j jy affecting subway traffic aud threaten ing to topple buildings. Water from a 20-inch main at 42nd Street and Fifth Avenue Hooded three tubes at the Grand Central terminal for a distance of about one half a mile. In some places the water reached a depth of six feet. With Our Advertisers. You can get $l5O Fill linn n davenport suites at tlie Concord Furniture Co. now for only $75. The entire furniture stock nt this store is going at from one-fourth to one-half off uutil next Saturday night. All kinds of talcum powder at Cline's Fhnrmaey. | Bob s Dry Cleaning Co. wants to clean your linens, seersuckers, palm beach and white flannels. Phone 787. Six used cars for sadle at exchange at the Standard Buick Company. Appointed Director of War Finance Corporation. Swampscott, Mass., July 13.—B'loyd R. I Harrison today was appointed director of the War Finance Corporation succeed ing Frank W. Mondell, resigned. Mr. Harrison has been assistant to Eugene Myer, Jr., managing director of the cor poration and served formerly as secretary to Secretaries Wallace and Houston of I the agriculture department. shat such a line would meet with pub lic approval and receive public support. Another Link. It was also indicated that Mr. Duke is considering completion of the link in the P. and N. railroad between Gastonia and Spartanburg, S. C., giving him a continuous line between Anderson, 8. C., and Winston-Salem should the proposed program be carried through to com pletion. - Such a rail line would pass through one of the richest sections in the south, the piedmont districts of North and South Carolinn, both in the center of the southern textile industry. One of the objectives to be gained by extension of the Piedmont and Northern electric lines to Winston-Salem would be in giving the Pennsylvania system an inlet Into this section of 'Hip south through the Norfolk and Western connec tions at Winston-Salem. Pennsylvania Connect km. Connection with the Pennsylvania sys tem would prove a great boom for south ern Industrial development, it was point ed out, providing for more rail competi tion to the markets of the east and cen tral west. I* CAMERON MOP.RISON |« TO SPEAK AY COURT * * HOUSE 8:30 TONIGHT * * * 4“ A mass meeting has been culled id .IK for tonight at the Court House at IK Jfc S :80 o’clock at which time Ex- )K J * Governor Cameron Morrison, of IK 1 iK Charlotte, Will speak on the subject * ® of the development of the iuterurban * 1 IK railroad projeot. ! * Mr. Morrison presented the mat- tK ' & ter before a group of Charlotte eit * izens Saturday, at the Chamber of * * Commerce. In his address .he inti-' * , dr mated that James li. Duke is will- * ' & ing to construct the road if suffi- 3K i * eient interest were shown by the St j * cities til rough which it passed. * * The meeting tonight is to get the * * proposition before the people of * |IK Concord. It is imperative that ev- IK ! * e y interested attend, say Chamber $ j * of Commerce officials, to show that )K IK Concord is backing the movement. *K jg **************** FARMERS OF GUILFORD WANT SPECIAL SESSION Repeal of Drastic Dog Regulation Law Is Demanded. Greensboro. July 11.—A special sesion of the legislature is desired by Guilford people in order to have tlie county game law repealed, provided the county com missioners will not declare it must not be enforced. Meeting hero today, 18 men. two from each township representative of more • than one thousand who met in mass meet- I ing a week ago asked the commisioners not to enforce the law and. in the event the commissioners are not able to order it a dead letter, to petition Governor Me- I-ean to call a special session in order to j repeal it. Tlie taw, passed at the last session of the General Assembly, was strictly “lo cal legislation" and the farmers, practi cally all of whom opposed it. claim that it was passed while they were not look ing. for the benefit of a few hunters, with drastic provisions, working hardships on land owners, and their dogs, causing in jury to crops. Tlie Farmers Union today demanded in a resolution th?t the next General As sembly pass a law providing that what is known as “local legislation” be ad vertised in the papers of the counties af fected by such laws ten days before pas sage of such law. This, the farmers feel "sneaking through" <* Provisions of the game law that en rage the farmers are compulsion to keep (logs up through the summer, no hunting in the snow, no hunting on a neighbor’s land without license. Turning loos of 36 foxes in the county by hunters, while tlieir dogs are made to stay up. has fur ther euraged them. STATE TO INSIST ON TRIAL OF JESSE WYATT ! Is Charged With tlie Murder of Attorney S. S. Holt in June 1 (By (he Associated Press) Raleigh, .July 13.—The State will in- 1 sist on the trial of Jesse L. Wyatt, sus- 1 pended plainclothes Raleigh policeman, 1 charged with the murder of Attorney S. 1 S. Holt, of Smithlield on June Ist, at ■ tlie term of Wake County Superior court 1 which convened this morning. Solicitor * W. F. Evans stated. The solicitor add ed that he will make a second presentment of tlie charges to the grand jury tomor- , row. Previous indictment was quashed , on the ground that the list of jurors which returned tlie first indictment was drawn by a boy over 10 years of age. The present term of Wake Superioi l 1 Court is being presided over by Judge * \\. A. Devin, of Oxford. Tlie term at which the indictment was- quashed was presided over by Judge F. A. Daniels, of t i Examine 50 Children Daily at Salisbury. Salisbury, July 11.—The baby clinic and examination of crippled children which was put on four days during the present week was a- great success and far beyond the expectation of Dr. C. W. Armstrong. Rowan county and city j health officer. An average of 50 children were exam ined each day and some had to be turn ed away. Friday, which was crippled children's day, there were 71) crippled children examined by Dr. O. L Miller, of the orthopaedic hospital, Gastonia. A number of these children will be given treatment at the hospital at once but some were found to be beyond aid so far as remedying defects.' Jail Breakers Cannot Be Found. (By tha Associated Press) Bristol, T pm| .-Va., July 13.—Three nights and two days of continuous search by officers and iiosses have failed to re veal any trace of Keuueth Wagner, and four companions who broke jail at Illounteville, Tenn., late Friday. Al though tired of the land hunting, posses continued their activity today in the hope that the desperado would soon be cor nered. Court of Inquiry Into Coal Disputes. (By the Associated Preaa) London. July 13.—Premier Stanly Baldwin formally announced in the House of Commons today that the government lmd decided to establish a court of in quiry regarding the causes of the present dispute in the coal mining industry. Star Theatre Program for Week of July 13-18 MONDAY AND TUESDAY •SACK CLOTH AND MCAHLKT' ' WEDNESDAY ONLY "EVE'S SECRET” Witti Betty Coinpson, and Jack Holt THURSDAY AND FRIDAY BAIUHDAY !•»•••••• 9 TODAY’S 9 » NEWS • » TODAY • NO. 166 DO THE PEOPLE OF CONCBRBWAHTTHE p. s i. Mr? There Is Every Reason to Be lieve That the Line WHI Come by This City If Our People Desire It EX-GOV. MORRISON HERE TONIGHT A Gang of Men Has Been at Work Here Surveying 1 For Some Time.—There are 12 Men in the Squad.' Has the Southern Power Company al ready begun the survey for the inter urban railway from Charlotte to Win ston-Salem ? This question is being generally asked arounc) Concord and is being answered in both the affirmative and the negative. The fact that the Southern Power Company has had a gang of men at work here for the past two months surveying a right of way out of this city toward and beyond Salisbury has given rise to the speculations in regard to this mat ter. At present the men are working be yond Spencer and are getting elevations and depressions. They are taking the "lay of the land,” it is said. Prior to this, they worked cutting a path through growth so as-to enable them to get this "lay of the land.” They leave Concord every morning and are driven in a truck to their place of work, where they remain the rest of the day. The men seem to know nothing of the nature of the work in which they are engaged. Repeated efforts to elicit in formation has only brought out the an swer that they have no idea as to the purpose of the work. It has been sug gested that it might be for a line but there already lines from this city to Salisbury. Additional momentum to the opinion that the survey is for the interurban line (h* entire squade of swelve workmtmN'HT 3 be transferred to Lexington during the latter part of the week. Efforts on the part of representatives of The Tribune to get in touch with per sons in charge of the work failed. Former Governor Cameron Morrison, of Charlotte, will speak in Concord to night relatives to an extension of tha Piedmont and Northern system from Charlotte to Winston-Salem, and his com ing also strengthens the arguments of those who contend the proposed line will come by Coneord. Governor Morrison, according to per sons here with whom he has talked, is confident that the Piedmont and North ern will extend its lines and will coma through this county if owners of the sys tem are convinced that the people want it. He is coming here for the purpose of "sounding out” local sentiment and in view of this fact little doubt is left in tile minds of many as to the nature of the work being done recently by the workmen who have made Coneord their headquarters for several weeks. There is good reason to believe the line will come by Concord if the Pied mont and Northern officials decide to connect with the metropolis. Five Towns Go to 100 Heat Degrees. Raleigh. July 11.—'With the thermom eter standing at 04 here at 11:30 o'clock today, L. A. Denson, meteorologist for the state, reported that this was the 10th consecutive day and the 32nd of the summer with temperature above 00 de grees. At the same time he stated that all North Carolina was in the grip of the heat wave that extends as far as New York and as far west as Arizona and that no break was in sight. So far this sum mer Henderson, Roekingham, Southern Pines, Edenton and Caroleen have re ported maximum of 100, said Mr. Den son. The Increase of Leisure. Lake Junaluska. July 11.—Misdirected use of leisure is the cause of the largest per centage of trouble that young offend ers, the occasional offender and hardened criminal get into, declared Willis A. Parker, A. M„ Pb. D., addressing the social service conference of the Metho dist Episcopal Church, South, in session here. "The increase of leisure iB the significant social factor of our time,” he continued, discussing “the per ils that, lurk in leisure and the duty of the c’.mrch to lead in providing programs for wholesome recreation, education and community betterment in every section.” France Eliminates England In Tennis Semi-Ennui*. (By the Associate* Press) Eastbornne, England, July 13.—Francs today eliminated England in the tennis semi-finals of the European zone in ths Davis Cup play and. will meet Holland in the Eurojiean zone finals. WHAT BATS BEAR SAYS II MCi 1 ;