North Carolina Newspapers

0 1 rTy. 4 ) CIRCULATION Thursday 1,839 Copies YQu. XII. Via Ah EDITION ELIZABETH CITY, NORTH CAROLINA, FRIDAY EVENING, DECEMBER 15, 1022 EIGHT PAGES NO. 297 y: T 'yo cm n n Tj"1 Jl I fp n Fair and colder tonight and Saturday. Moderate to fresh west shifting to north winds. ,. X 1 6 -i . nfn0ln0 j'j j MjS ACTION BROUGHT IN NAME OF ELECTRIC LIGHT BOND HOLDERS Complaint Filed Friday Morning At Half Past Ten O'clock With Clerk Of Federal Court In stitutes Action Seeking Restrain City From Is suing Utility Bonds Or Constructing Munici pally Owned Plants Friday morning, December 15, at 10:30 o'clock, the affilia ted utility companies of Elizabeth City, having according to their contention exhausted all practicable means of coming to terms with, the City Council on the question of the value of their plants and properties, fired the opening gun of their fight to prevent the city from practically putting them out of business by the erection of new and municipally owned and operated utility jants when a suit was instituted in the United States court here to enjoin the city from issuing utility bonds and from constructing utility plants. The suit is brought in the name of John T. Hill, Howard E. Crook and Elizabeth Evans, of Baltimore, the Safe Deposit and Trust Company of Balti more and the Baltimore Trust Company, all holders of bonds of the Electric Light' Company of Elizabeth City, Mr. Hill to the amount of $12,000, Mrs. Evans and Mr. Crook to the amount of $6,000 each, the Safe Deposit and Trust Com pany of Baltimore to the amount of $50,000, and the Baltimore Trust Company to, bition law and insisted that the con the amount of $5,000. Com- ference Is no place to ask for a reso i ("-'. t tli om; -qo filorl lntlon committing the body on plaint m the action as filed er the Ku Kux K)an or prohlbl. -with the lerk of the Federart!on m court here Fridav morning at! The state executives today turned ten o'clock. The action is brought against -"the Corporation ot Elizabeth City, IV. Ben Goodwin, Mayor, and Pat lick H.v Williams, Lemuel R. Fore man, Louis W. Anderson, Caleb W. tfievens. Philip C. Cohoon, Warren JL Jennette. and William H. Weath jrly, members of the Board of Town Aldermen of Elizabeth City." It Is ,a formidable document of more tha;i 28 typewritten pages. The complaint gives the history of the utility companies now doing business here, recites the details of the controversy between these util ity companies on the one hand and he City Council on the other, and attacks the validity of the Issue of $800,000 In bonds, on the ground first, that the utilities proposed are not "necessities, especially as to wa ter and power, in view ot the fact ihat adequate water and power util ities are already in existence here; and on the ground, second, that an Issue of $800,000, together with the outstanding indebtedness of the city, would exceed the legal limit for is sues of bonds made without the au thority of popular vote. And this is not all. To quote from tectlon eleven of the complaint, omitting legal verbiage: "The ordinances (authorizing the bond issue) and the bond issue (it self are illegal, Invalid, null and void, for the reason that they dedi cate the proceeds to be used for ren dering sewer service to the tttlzens of Elizabeth City free and without charge, water service to the private customers of the three companies and especially of the Electric Light Company, to the customers of the water and electric sewice within one mile of Elizabeth City outside the city .limits, and this with bonds to be paid In taxation on the three companies as well as other tax pay ers holding property in the city, the bonds being a tax Hen on the prop erty of the city. "The constitution of North Caro- lina states that no tax shall be levied by a municipality except for the necessary .expenses" thereof unless by a vote of the majority of the qualified voters therein; and no , statute stating that electric light, sewer and water service are necessities can au thorize a bond Issue and taxation therefor by city ordinance when In point of fact, as here, every custom er, public and private, Is supplied with service and at rates which are regulated by the Corporation . Com mission of North Carolina, to which State Commission neither the city nor any citizen of Elizabeth City has ever made complaint about either rat os or service. "" U not vi'V, 'n t'" power of MORRISON SAYS . LAW IS ENFORCED Tells Governors Not Time Or Place Deal With Prohibition And Ku Klux White Sulphur Springs, Dec. 15 (By The Associated Press) Gover nor Morrison, replying to Governor Parker of Louisiana at the gover nors conrerence nere, saia mat North Carolina enforced the nrohl- from their discussions to the inspec tion of the coal mines after engaging until after midnight In a flurry of debate on prohibition and the Ku Klux Klan, Governor Morrison of North Carolina opposing considera tion of "two ot the touchiest" ques tions before the country. Death List Stands At Eighteen Today Houston, Dec. 15 (By The Asso ciated Press) The death list in the Houston East & West Texas wreck stood at eighteen and the Injured at fourteen early today while Investiga tion developed that the switch en gine throttle was open when the pas senger sideswlped. eight and In a few weeks of seven men, by their arbitrary refusal to exercise the rkght of eminent do main, or to arbitrate, or to avail themselves of the right provided for just such cases in the Corporation Commission statute to settle differ ences between cities and public ser vice companies, to confiscate the business ot three companies, to de stroy the property and rights of the complainants, arid to do this with the proceeds of taxation." It is therefore contended that the bond issue ordinances and the bonds are "illegal, invalid and void be cause, first, the necessity of the mu nicipal plants must under the sta tutes of North Carolina be determ ined by the Corporation Commission; second, the ordinances and bonds are to be devoted to the construction of plants to serve the private cus tomers who are customers of the three companies; third, the proceeds are to be used to render free service to the private customers of com panies who are taxpayers; and, fourth, the proceeds are to be used to render service outside the limits of Elizabeth City, which Is not a mu nicipal purpose, and certainly not a necessary expense and not a public i'purpose." The complainants therefore con tend that bonds are Issued not in ac cordance with the ordinance under which they are Issued, even If thU ordinance -Is valid. But the com plainants again allege the Invalidity of the ordinance Itself for the furth er reason that the bonds exceed the debt limitation of Elizabeth City, especially as the utilities to be con structed from their proceeds "can not be held as revenue producing or self-supporlng If they are to operate in competition with the existing plants." It must be the purpose, then, the complaint argues, of the City Council to destroy or conflscato Continued on Page 4 BOX OF MONKEYS IS PLAY TONIGHT Will Bo It8 Of Kun And Promtls Will Help The Senior Class All is in readiness for the play to be presented tonight by the Senior Class of the High School, "A Box of Monkeys," is not a new play but one of those old plays which stand the test of time. It is a play replete with wholesome fun and plenty of action. The Interest Is sustained throughout. The Senior Class is expecting to realize enough from the play to pay off the deficits which exist in the Annual and Library Funds. Office Days Are Now Mondays And Saturdays B. B. Bell, clerk of superior court of Currituck county, and J. A. Tay lor, register of deeds for that county, have changed their office days' at Currituck court house to Mondays and Saturdays instead of Mondays and Fridays. They will be glad, therefore, to' ac comodate their patrons on Mondays and Saturdays in their offices at Cur rituck court house. On other days, however, mail ad dressed to Mr. 'Bell will reach hb,n earlier if addressed to Shawboro,! and will reach Mr. Taylor earlier If addressed to Maple. Continue To Discuss e, Washln'eton. Dec. 15 (Bv The As-1 sociated Tress) Group meetings Kellar has quit the hearings on the for discussion of co-operative mar.-! Daugherty impeachment and is sum ketlng problems by representatives 1 nioned to appear as a witness today, of various associations handling the,K'llar charges the committee with same commodities followed by an- an attempt to whitewash Daugherty. other generat session devoted to the' Washington, Dec. 18 (By The As- general subject of co-operative mar- . keting. finance and rural credits leg-1 fetation formed the nroeram of the second day of the National Council j of the Farmers Co-operatia Market ing Associations. Mother And Son Stabbed To Death f , , New York, Dec. 15 (By The Asso - elated Press) Mrs. Anna Catolda and her nine-year-old son. were stabbed to death today andj hlr Cnncv Island home net fire toi'OW In the effort to hide the crime. The police are searching for Adam Catolda, husband and father, Firemen found aii the doors andj windows locked and a pile of rugs burning close to the bod:es. Relief Fund Now Fifteen Hundred Contributions to New Bern Relief; reported since Thursday, up to the, time this newspaper went to press, , totalled $25.50. ! The fund gains an additional eight; dollars by reason of the fact that the Mr Meekns ,ued Friday after contribution of the D. R. Morgan j noon at the nome of his gon CoI L Company was erroneously reported M. Meekins, on Main street. The $2 Wednesday when as a matter of body wag taken to Columbia Friday fact the firm's contribution was $10.!mornng on tne eeven o'clock train, The total of $25.50 reported : accompanied by relatives, since Thursday and the additional William Meekins, his grandson, eight dollars that was not Includetl arrives here tonight from Harvard in Wednesdays report puts the to- tal of subscriptions above the $1500 mark. i Here Is the list of Friday's sub- 'scrlptlons and the total to date j Sound Neck Sunday School $ Miss Florence Bell L. W. Dal ley 1 Cash 6.25 ; 2.00 j 5.00 1 2.00 5.00 i Pasquotank Bottling Co. .. Error, D. R. Morgan Colored Welfare Committee 8.00 ; 5.25! Previously reported '. . 1471.46 I : Total to date $1504.96 1 Begin Disbursement Of Billion Dollars Washington, Dec. 15 (By The As-! sociated Press) The over-subscrlp-j tlon recently announced of the com-' blned offering of treasury notes and! certificates was assured as the, treasury today began disbursement: of a billion dollars In redemption ot victory notes, cancellation of matur-l Ing cetlflcates of Indebtedness and! certain Interest payments. Mrs. W. A. Wells and little son,. j Harold Wescott, of Wilmington, re turned home Friday after spending some time with Mrs. Wells' parents, Mi's. W. E. Main street. Pappendlck, on West Returns To U. S. 0 u Col. Wm. N. Haskell of the Am erican Relief Administration, pho-j tographed on board the S. S. Heren-i garla upon which he returned for a! conference with Herbert Hoover on I the subjec of the distribution of supplies to millions of Russians. Says They Attempted Whitewash Daugherty! Washington, Dec. 15 (By The As- sociated Press) Representative cuea . rress , nepresemauve KeIler 'allel to aPPear ,,,fore thp """se Judiciary Committee today in response to the summons after he refused to participate further in presentation of his Impeachment charges against Daugherty. His counsel asked for postpone ment of further proceedings until to morrow 4sd 'ater the ., suggestion 1 1 hat Keller be hailed for contempt J'the committee finally agreed to Krant Keller's request for delay. His Fred,i'xUBel said he could not say whether Keller would appear tomor- Funeral Mr. Meekins At Columbia Saturday Will Be Conducted By Kev. W. B. Savage Of OiureUIaml, Virginia - The funeral of Jeremiah Charles Meekins will be conducted at Colum- bia 8aturdav mrnlng at nine o'clock by Rev w B Savage of churchland, Virginia. Interment will be made in the family burying ground at Columbia. an(i wm g0 0n through to be there for the funeral. . I Amundsen Visits Nome By Dog Team Nome, Alaska, Dec. 15 (By The Associated Press) Captain Ronald! Amundsen arrived here today hy dog team from Walnwrlgnt, where he Is wintering with the airplane In which he hopes In the spring to fly over the North Pole. Head Greek Church Must Be Removed Lausanne, Dec. 15 (By The As sociated Press) Turkey Insists that the head of the Greek orthodox church be removed from Constant inople. Bandits Get Pay Roll Of Industrial Plants Philadelphia, Dec. 15 (By The As sociated Press) Six men In an automobile held up a bank messeng er in Darby suburbs today and rob bed him of $20,000 after shooting him In the cheek. The messenger had the payroll for several Industrial plants here. " AMBASSADOR HARVEY HAS BEEN CALLED BACK TO WASHINGTON I State Department Confirms Announcement But j Declines To Explain Impression Is Thai Matter Has To Do With German Reparations Situation Which Threatens Rupture Of Bri tain And France London, Dec. 15 (By The Associated Press) Ambassador Harvey has been called home for consultation, it was stated at the American Embassy today. He will not be accompanied by Mrs. Harvey. DR. P0TEAT IS ENDORSED No One Doubts His Christianity After His Address At Baptist State Convention Wlnsto-fialem, Dec. 15. The question of where Meredith College is to be located and proposals by some members that Dr. W. L. Potest, president of Wake Forest College, be asked to explain his position on sci ence as related to the Bible, appear ed to be cleared up Thursday, leav ing messengers to the Slate Bap tist Convention ready to go ahead with other work of the organiza tion. A vote of confidence late Wednes day was given the board of trustees who had obtained an option on land at Method, near Raleigh, for the col lege, while after Dr. Potest had de livered the opening address Wed- nesday night the assemblage Joined as one In singing "All Hail the;tat've Thomas Harrison of the 3ev- Power of Jesus Name," and nojenlh Virgln'a District wan culled by question was raised as to the edu-1 Chairman Dalllnger of the elections cator's belief In evolution. committee which in the majority re- The Baptist ministers' assocla-! port held that Harrison should be tlon of A8heville last week had adopt ed resolutions asking Dr. Potest to explain to the convention his views on evolution and other Baptists in the State were reported to have been desirous of hearing from him. Many leaders expressed the opinion that the matter was a thing ot the past as they were satisfied with Dr, Poteat's position on the subject. Rev. J. F. Love, corresponding secretary of the foreign mission board of the Southern Baptist Con vention, who also addressed the convention Wednesday night stress ed the neod of more Intensive work In foreign lands. The outstanding feature of the Baptist State Convention Thursday was the final settlement of contro versy concerning Wake Forest Col lege by the unanimous adoption of a resolution endorsing Wake Forest and President William Louis Poteat. The resolution came from the mountain section, written and of fered by Rev. W. C.iMeadows, pas tor of Hoor's Knob church in Wilkes County, one of the leading ministers of the West. Dr. Maddry sa'd that if the ad dress of Dr. Poteat delivered Wed nesday night did not satisfy the cri tics, then not even the Christ Him self could satisfy them. The resolution as adopted by the convention, was as follows; "Resolved, that the convention commend Wake Forest' College in Us present policy expressed In the ad dress by President Poteat endorsing the Bible truth as a basis of faith, and we are glad to be assured by the hoard of trustees that this policy will be continued." TODAY'S 4 'OTTO X MABKKT New York, Dec. 15 (By The Asso ciated Press) Bids at 11:45 a. m. were: January 25.37, March 25.59, May 25.66, July 25.37. Tone, steady. New York, Dec. 15 (By The As sociated Press) Futures opened steady. December 25.50, January 25.58, March 25.72, May 25.80, July 25.50. FARM PltODHTS BILL FAVORABLY KKPOItTKI) Washington, Dec. 15 (By The At sociated Press) The House rules committee today voted to give a privileged status to the Green reso lution proposing an amendment to the constitution prohibiting further j Issuance of lax exempt securities. 1 , Washington, Dec. 15 (By The Associated Press) : Al ithouph State Department of ficials confirmed the London announcement they declined to make any explanation as to the . specific questions Secretary ! Hughes desires to discus3 with Harvey. In the absence of an official ex planation the impression gained cur rency that Harvey had been called In connection with the German repa rations situation which is now threatening a rupture between Bri tain and France. Fight Develops In House Contest Representative Moore Of Virginia CliM'WH Report Was Mafrrlully Chunked Washington, Dec. 15 (lly The As sociated Press) A sharp fight de veloped in the House Immediately after the election contest of John ' Paul, Republican, against Represen- ousted. In the face of the announced In tention of Republican leaders to put through the- committee resolution that Paul be seated Representative Moore of Virginia charged that the majority report as presented to the House June 14 "had been changed elaborately, substantially and mater lally" by Dalllnger subsequent to the original filing. Strangler Lewis Remains Champion St. Louis, Dec. 15 (By The Asso ciated Press) Strangler Lewis de feated Zbyszko Thursday and re tained his title as world champion wrestler. EXPECT TO COMPLETE INVESTIGATION TODAY Richmond, Dec. 15 (By The As sociated Press) Detectives in the Richardson murder case hare an nounced that they expect to com plete the investigation today. Confiscate Cargo Message Of Peace" i Wilmington, Dec. lSBy The As sociated Press) The "Message of Peace" liquor cargo will be con fiscated today, according to the Gov ernment agreement reached Wed nesday at the Raleigh trial. PIUVII.EGKD STATUS KOH TAX EVKMIT KILL Washington, Dec. 15 (By The As sociated Press) The bill of Senator Norrls to establish a hundred million dollar Government corporation finance the sale of agricultural pro ducts was ordered favorably report ed by the Senate agricultural com mittee today. Bandits Locked Bankers In Vault ! Caddo, Okla.. Dec. 15 (By The As sociated Press) Five men today I held up the Caddo State bank, lock ed fourteen persons In the vault and I escaped in an automobile with ap proximately $10,000 in Liberty I Bonds. Mrs. L. W. Holloman, Ehringhaus street, has returned home from the Parah Leigh Hospital weeks treatment. after two