7EATH3 Fair tonight. Tuesday partly cloudy, probably local thunder showers. 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 TOPS ii ii o 1LJ ...TT IV t i i-k nmnlamf Alio rrtim ( I ..w6w .. . ... j 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.