7EATH3
Fair tonight. Tuesday
partly cloudy, probably
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Moderate winds.
CIRCULATION
Saturday
1,823 Copies
VOL. XII. FINAL EDITION
ELIZABETH CITY, NORTH CAROLINA, MONDAY EVENING, JULY 17, 1922
FOUR PAGES
NO. 168
TTT
ERMON ROAD WORI
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nmnlamf Alio rrtim ( I
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man Interested Financiallv In Construction Of I
Mt. Hermon Road, And Charges They Are
Building It Almost Exclusively For Own
Interests
fcilno Bond
Granting Of Injunction Means That The Con
struction Of Road In Controversy Will Be
Held Up Until Hearing Before Court
In Special Proceedings
A definite step to check
-mission majority in their preparations to pave the Mt Hermon ,
t j e t i
r F . . ference on Russian affairs here which
morning when C. R. Pugh went to Edenton with a complaint geemeti on the verge 0f a flnai break
brought in the names of Dr. W. A. Peters, H. F. Sample, R. C. down might be resumed.
Abbott, H. A. Flora, Dr. Zenas Fearing, W. A. Pinner and Dr.
T. W. Lowry, which alleges in fourteen counts that the defend
ants, J. W. Foreman, O. L. Bundy, A. E. Jones and J. J. Morris
have entered into a wrongful and unlawful agreement and con
spiracy to build the disputed road.
Judge W. M. Bond granted
the injunction sought at 1:30
-o'clock Monday afternoon, and
"C R. Pugh, who formally pre
sented the complaint, returned
'to this city on the afternoon
train. Under the law, the hear,
inf in connection with the in
( junction must be held in not
less than two days, and within
not more than 20 days after the
injunction is granted. It was
not known here early Monday
.afternoon just what date is set
for the hearing.
The injunction h the effect tern
porarily at least, of stopping work on
Oerstood to h.v been P"1"
feverishly hnrried pace daring the
last feW Week.
C. R. Pugh and Aydlett 8n
. ronrpnentine the defendants in
are renresenting the defendants
the action. They are serving entirely
without compensation. The text of i
1 1 .
h ni.mtlff. are cltl-
xDi D..,nv
sens ana taxpayers ui r4uui
County, N. C.
Second That the Pasquotank
"Highway Commission is a 'body poll
Htgnway 7n JrZ
tic. incorporate . organized and "t-
Jng by virtue of chapter 126 of the !
Public Local Laws oi iit, I"'momk1 . fha aol, Hlua rm
amendments thereto, and as such are
-charged with the control of the hlgn
ways and road building in Pasquo
tank County; and eald chapter and
amendments is referred to and asked
to be read as a part of this com
plaint as if copied word for word.
Extravagance Charged
Third That pursuant to said law
the Highway Commission of Pasquo
tank County has already issued
750,000.00 !ll bond and ha8
ceived the money
tne money inereirora ior
purpose of building roads in Pasquo
tank County. That said Commis
sion has already spent, as plaintiffs
. AT tTc aaa Aft fft
lnmA1 a rA KaI aa oil nf thO
" 1 a '
$100,000.00, and have used the
money extravagantly ana -wunoui
giving due care and attention to the
building of said roads and the ex
penditure of the money therefor, and
have by reason of this, wasted money
by the thousands ot dollars of the
said money received from said bonds.
Fourth That the Pasquotank
Highway Commission at the times
complained ot was composed ot A. B.
Houtf, chairman, O. F. Cirbert, J.
W. Foreman, J. J. Morris, A. E.
Jones, O. L. Bundy, F. F. Cohoon;
that the said J. W. Foreman has
wrongfully and unlawfully sold to
the Pasquotank Highway Commis
sion of which he was at the time a
member about $ 12,000.00 worth of
iron rails, as plaintiffs are informed
and
the
believe, ana other members ofisald county, and that the road whicnjand that the road as now proposed
said Commission have llkewlselthe said commissioners is about tojto be built and paed with hard sur-
mm y dayf
Runrlv Anrl I A7 Pava
locao
0
draining Ordor
the Pasquotank Highway Com
.L- Ml.w
sold different material to the said
Highway Commission, at the time
they were members thereof; that the
defendants failed to contract for the
building of said road, but have built
the -same without giving that care
and attention to the expenditure of
the money that it was their duty as
officers of Pasquotank County and
members of the said Highway Com
mission. For Scire And Relatives
Fifth That plaintiffs are inform
ed and believe, and so alleged, that
the defendants, J. W. Foreman and
O. L. Bundy, are Interested financially
in the building of a hard surface road
from what is known as Black Head
sign poBt through a section of Mt.
Hermon township, not for the bene
fit of the people generally in said
township, or in the County, and ex-
tract of land of whlch the defendant
mlatlval an thn ninin and In ,nn-
jsesston of, thence on to the gate of
... .
j. e. Bunay, ratner or tne aeienaant,
O. L. Bundy.- That they have failed
nH refused tn hull it thin mail fllnnc
the maln traveled road tnrouh tnat
"ect,on which or the benefit and
interests of the people generally in
that section of the County and for
the people of the whole County,
That the building of said road, as the 'wasted by using the same on the
lff 4re lnformed and bel,iYeL0W about to ta bnt.
majority of the A Unlawful Tonsnlraev
mission, to wit: J. W. Foreman, o. Ulnga- of the majority of said board; credit foe working for the Mt. Her
Bundy, A. E. Jones and J. J. Morris.jare wrongful, unlawful and agalnstjmon road," announced Commissioner
by reason of an agreement between j the Interests of the people of Eliza-1 Foreman, "when In point of fact I
the said defendants that In the j beth City and of the people In the j have made no effort to secure its im
event the said Morris and said Jones county generally, bo great that there j mediate construction, because I
would vote with the said Foreman 'have been held two large mass meet- j would deilve personal benefit from
and Bundy for the building of the jngs In Pasquotank County protesting lit. Now, I'll tell you plainly, I am
said road, that they, the said Fore- lagalnst building the road complained ! working for It, and shall do every
man and Bundy, would vote with the 'of and condemning the action of the! thing in my power to have It built
said Morris and the said
building a road for each
Jones for
f t hOTYl
. . . f tTioIr InHtvMiifil infpr-
aiB w0i- aQr ir.n f ,ka nnnntv
ovat in uii-h v,i-aa w i. " v j . j i a i as lU injucoi inr: iiiftiiwnj vuui-
That It was known and understood at j missloners to resign, which they de-
the time of this arrangement thatlcllned to do, and the said defendants,
the said road from the Black Head
sign posts through the Foreman
.farm to Bundy's gate was al-
. e,cluglvelv for the lnteregt of
'said Foreman and said Bundy. That
said agreement was and Is a fraud
upon the rights of the tax payers or
Pasquotank County and for the inter -
ests of the said two commissioners
Foreman and Bundy'and not for the
good of the people of Mt. Hermon
township nor of the whole county, and
in violation of the act under which
the said board exists.
Connerta With None
Sixth: That there have only been
built two roads In the county, one
runnlng from Elisabeth City south-
wardly about twelve miles through
the central part of said county and
one running from Elizabeth City
northwardly about ten or twelve
miles through the northeast part of
DEFENDANT TOLD WHERE
HE OBTAINED WHISKEY
That he had obtained his liquor
from one Boush Williams, of Per
quimans County, was the statement
e by C. H. Sawyer, who was fined,
and costs in recorder's court here
day morning for being drunk.!
the absence of Trial Justice
Spence, Assistant Trial Justice T. J.!
jMarkham presided over the court.
Cases against D. H. Gray and
Carlton Jennings
violations or the
Involving alleged
traffic laws were
continued to Tuesday morning by
reason of the absence of the defend
ants. British Delegation
Craiiig To America
London, July 17 (By The Associ
ated Press) A special British dele
gation will arrive in the United
States early in September In connec
tion with negotiations for funding the
British debt to America, Lloyd
George announced in the House of
Commons this afternoon.
RUSSIANS SAY MAY
RESUME CONFERENCE
The Hague, July 17 (By The As
sociated Press) A communication
fro
ni the Russian delegation today
iheld out the prospect that
the con-
FIRST PASTOR PRKACHKS
OX TI1E GOLDEN JUBILEE
Dr. J. G. Bow, well-known Baptist
minister of Kentucky, who was the
first pastor of the Midway church in
that state and delivered the first ser
mon to that church June 24, 1872,
preached the jubilee sermon on the
fiftieth anniversary of that church
June 25. Dr. Bow, now past 80 years,
is in the employ of the Baptist State
Mission Board.
Mrs. L. W. Duranao of Winston
Salem is visiting Mrs. James Hili on
Burgess street.
build is nowhere near either ot said
roads, and does not connect with
them, being five or six miles from
either of said roads. That there are
several roads going from Elizabeth
City, to wit: One, the extension of
Main street another known as Rum i
Road; another known as Body Road I
and another known as Pear Tree .
Road, all of which enter into Eliza-! face Is for the Bole benefit and private
beth City and the building of these! gain of the defendants Foreman and
roads or either one of which would ! Bundy, brought about by the unlaw
be to the lntrests of the people of ful conspiracy and agreemenf with
the county and would be In keeping other of the defendant commission
with the requirements of the Act! and in violation of law and against
under which the defendant board ex- the Interest of the people of Pas
Ists. That these roads are main ! quotank County,
roads and the building of the same Foreman And Bundy Quoted
a necessity for the
people of;
Pasquotank County and that the
money in hand and to come in hand
for the building of the roads In Pas
quotank County will be largely
road:
,
.u. .u- a
I defendant board, as forced upon It
!Vkr f k a a n A motnrHtf anrt aafH m Q a a
: mAAHn vw tha nltUona hovo rnn. on
!- KUhnro.
who are in majority, insist and say
regardless of the Interests of the peo -
pie 0f Pasquotank County, that they
intenH t hniM h rnnd which
j will semicircle the property owned
by the said J. W. Foreman and others
as aforesaid, and extend to the gatei Tenth That the defendant are
j0f J. e. Bundy, father of the defend-i committing unlawful acts as highway
ant O. L. Bundy; and that it is commissioners, they seem to care
' wrongful and unlawful to use, thejnothlng about the laws and are ex -
funds realized from the sale of said ' erclslne their cowers In a hlg'h hand-
, bonds for the private interests of said
.Foreman and Bundy by reason of a
Wrongful and unlawful conspiracy
nd agreement as aforesaid. i
Eighth: That if there were to be
a road built In Mt. Hermon town-
ship extending from Black Head sign
post, it should be built along the main
traveled road, through a different
section than the nronosed road. In
order to serve the best Interests of
the people of Mt. Hermon township;
All Stars Will Play
Poplar Branch II ext
And An F.fTort In Being Miuli- To Ar
range (iame. 1 let wee u Notary
Anil Klwanis Clubs j
The Elizabeth City all-stars will
play the speedy Poplar Branch base
ball outfit on the Main street diamond ;
Wednesday afternoon at five o'clock,'
it was announced Monday morning.,
Poyner, the pitcher for the visitors,
is flated, It is said, for the Unlver-!
Bity of North Carolina baseball team
next season, and the Poplar Branch
aggregation also includes other fast
college ball players.
An effort is being made to arrange j
iTSZTcl
near future, the proceeds to be added
to the Fire Company fund, which the
Kiwanlans have pledged themselves
to carry over the top. The lineups
would Include such formerly brilli
ant baseball luminaries as Dr. Zenas
Fearing, pitcher; Dr. M. S. Bulla,
crack first baseman; J. C. Sawyer,
rapid-traveling outfielder; Secretary
R. C. Job, wonder shortstop, and
others.
Admits Manufacturer
Proposed Tariff
Washington, July 17 (By The As-
soctated Press) Senator Lenroot
charged today in the Senate and Sen -
,ator Smoot conceded that the section
ot tne new tarin nm imposing an au -
! ditional duty of twelve per cent ad
valorem on fancy cotton cloth was
"word for word" as proposed by for-j
I mer Senator Lippltt, cotton goods
manufacturer of Providence, R. 1.
SEASON GROWS LIVELIER AT
DAWSON'S BATHING BEACH
The season grows livelier at Daw
son's Beach and Mr. Dawson an
nounces today that swimming races
and duck chasing will be features of
the fun this afternoon, Wednesday
afternoon and Friday afternoon.
On Friday afternoon, which is a
half holiday for some of the tired
working people in the summer time,
there will also be a baseball game.
The, boys play in their bathing suits,
and it's great fun for players and
spectators. This game will be pulled
off between four and six o'clock.
Mr. and Mrs. Geo. Spence and
daughter left Saturday for Nags Head
where they will spend several days.
Ninth: That the acts and dongs of
the said Foreman and Bundy are
wrongful and unlawful and their
securing two other members of the
board to vote for them for the pur-
pose aforesaid, as the plaintiffs are
informed and believe, Is evidenced by
I the statements ot Foreman and Bun -
dy, as follows: "I have been given
right away." Says defendant Bundy,
n a iKann r a InfJffa a r a In trwm txA a rt A
"Tl,o vo A t,r, K null
... u-- u r-
ujr in; lailiri d lailll aim lilt; r u i C"
man Stock Farm and as the funds of
the County Highway Commission
'were going to benefit somebody he
1 thought It best to get while getting
was good and that if they didn't get
theirs before the Legislature met in building of the said road and wrong
Its session of 1923, they would never,fuiiy expending the money of the
get it,"
I ed and arbitrary manner and for
i their own Individual benefit: that the
i defendant Foreman has been vlolat -
ling the laws of North Carolina In that
j the corporation in which he is presl-
dent, to wit: The Foreman Blades
Lumber Company, has been selling
i material to the Pasquotank Highway
Commission of -which he is a member,
Grows Abnue Of Power
Eleventh That the defendants
lhave abused and are grossly abusing
the powers, conferred upon them as
members of the said Highway Com-
Um QIIge! In GaSo
.... tear Cdal Mine Today
Sheriff Included In List Of Dead After Clash
Between Authorities And Striking Coal Min
ers Near Pennsylvania State Line Early This
Morning
Wellsburg, W. Va., July 17
Sheriff H. H. Duvall and eight
killed, and a large number of others wounded, in a fight at the
Clifton mine of the Richland Coal Company near the Pennsyl-
Vania state line this morning. '
Strike hi
Rail Executives And
Strike Leaders Are
Awaiting Today's De
velopments Detroit, July 17 (By The Assocl-
ated Press) The members of the
j Brotherhood of Maintenance of Way
Employes who engaged In an unau-
rthorized strike will not ne expeiieci
from the union "for the moment,"
i but union organizers will be sent to
interview the strikers, and to at-
tempt to persuade them to remain at
work pending the final decision as to
the contemplated nation-wide strike
President Grable, of the union, said
here this morning.
Negotiation HSltetl
Chicago, July 17 (By The Associ
ated Press) Peace negotiations In
the railroad strike are temporarily
at a standstill today. Rail execu
tives and strike leaders expected to
day's developments to indicate more
clearly the ultimate outcome, how
ever, much importance was attached
to the number of shopmen returning
to work today, as this is the day
which marked the time limit on many
roads for retaining the seniority and
other rights.
Penitentiary- Not Fines
St T nn la Inlv 17 (Rv The Asso-
elated Press) Federal Judge Trie -
ber announced today that he would
lmpose Jail and penitentiary sen
tences and not fines on strikers who
violate Federal court Injunctions.
Cancel Freight Contracts
SianrJoiill
Cincinnati, July 17 (By The As- without condition and that the ma
sociated Press) Notices announcing J Jorlty of employers would Join in its
cancellation of all contracts for (support.
handling frelnht in freight houses
here as soon as It can legally be done
have been posted through the Big
Four railway system, It was an
nounced today.
Boilermakers Whipped
Atlanta, July 17 (By The Associ
ated Press) Ramsey & Son and R.
H. Berl, bollermakers at Nashville,
1 Chattanooga and St. Louis shops
.here were taken from their homes and
whipped early today.
mission and are diverting the funds
of the said Highway Commission to
a wrongful and unlawful purpose in
designating the road proponed to be
built.
Twelfth That the defendants rec
ognizing the injustice of building the
road complained of have gone to
a J v nana A In a
I i. i. haatnntnu
a -. kh,i
; rnBlCrlal LJ Hie ruau BrrJHMiR i" vuiiii
i the same before legal stnps could be
' taken to stop them In their unlawful
gets.
Thirteenth That if defendants be
nermltted to Droceed mi with the
people of this County as aforesaid,
i the plaintiffs and the people or the
, County will be irreparably damaged,
and they have no other release save
i in this honorable court,
Fourteenth That plaintiffs have
instituted ult against the defendants
and summons has been Issued.
j Wherefore, your petitioners
pray
! that an injunction be Issued against
the said defendants as set out above
and that they be perpetually enjoln-
ied and restrained ifrom building the
road complained of and for the costs
of this action and for such other and
(further relief as the nature and clr-
cumstances of the case may demand.
AYDLETT A 8IMPSON,
C. H. PUGH,
Attorneys for the Plaintiffs
(By The Associated Press)
men are known to have been
The ded were brought to
Wellsburg, and the wounded
are being taken to Wheeling.
The chief clerk in the Police De
partment said the trouble started
about Ave o'clock when striking min
ers are said to have marched from
across the Pennsylvania State line
and fired.
Mate Police On Way
Wheeling, W. Va., July 17 (By The
Associated Press) Sheriff H. B. Du
vall of Brooke County and several of
I his deputies were killed this morn
ing in a fight at Richland mines near
Wellsburg, according to Information
received here.
Governor Morgan has ordered
Sheriff Clouse of Ohio County to take
cnlirKe of tne situation.
The State Police and all Ohio
County deputies are en route to the
scene.
porator
o
Believed Acceptance Of
Arbitration Proposal
Will Be In Hands Of
President Tonight
Washington, July 17 (By The As
sociated Press) The overnight dis
cussion of bituminous coal operators
who met here in response to Presi
dent Harding's offer of arbitration
!" ",ca"' Ul " w
developed great diversity of conclu-
- rt. .Aitin t v. nni -n, r.
slon.
It appeared likely, however, that
there would be in the hands of the
T ra oilanr haAPn nltrrtt an otnonf a na,
of the arbitration proposal practically
Train Turns Turtle
Dining CcrCcckDccJ
Savannah, July 17 (By The Asso
ciated Press) Several passengers
were Injured and the negro dining
car cook was killed when five coaches
of Seaboard Air Line train three
turned turtle near Cox, Georgia, to
day. The train Is said to have struck
a broken rail.
lMI"ORTAXT MEKTINO TONKJHT
An Important meeting of the B. Y.
P. U. will be held In the annex ot
Blackwell Memorial church tonight
at eight o'clock. The Union wilt
practice singing of new B. Y. P. V.
songs and Miss Jesse Williams ha
charge of the program.
Trouble Brewing
At Rocky Mount
Raleigh, July 17 (By The
Associated Press) L. V. Bas
nett, representing the city of
Rocky Mount, Is here today pre
pared, he said, to urge Gover
nor Morrison to send troops to
Rocky Mount to maintain or
der. He stated that the situa
tion In connection with the
shopmen's strike continues
threatening. Six of the thir
teen special agents of the At
lantic Coast Line who were kid
napped Sunday by a mob of al
leged strikers were still miss
ing early today. Several ot
those rescued had been ac
corded such rough treatment
by their captors that they re
quired medical attention.