Newspapers / The Reidsville Review (Reidsville, … / Nov. 2, 1917, edition 1 / Page 6
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THE REVIEW: REIDSVTLLLV N. C. PAOE STX ' rrz: : FRfDA V Y iv.-oio7 -r-XJ.A J r I - : : d (Continued From Page Three.) of theirs, the Public UtiUtlfs Com pany. They ought to thank Mr. Richardson for endeavoring to keep thein out of the economic thraldom In which unhappily they are seeking to nlace themselves. Instead of this, testimony taken down by a stenog rapher, that they have not been in dicted by a grand Jury of Rockuigham county, ins'ead of merely having the validity of their contract c 11 d into qu-tion. What would they say if a rand jury ot Rocfclnglrtun county bhould present them, as p grand jury of Chatham county did its commis sioners? The solicitor would only have to r al the declaration of these defendants, competent on a bill of in dictment made by some and assert! to by others, where they turned down an offer of 150,000 and accepted one for $30,0uu or made a con tract of ttatet by which they would ac cept (t. "Hut," they iiy. "it will nev do to convict us;we are honent men." Just so the Hoard of OomimlHsionors of Chatham County .id: "You must not convict us, because you cnarge us with no corrupt Intent." The Ko "'tir wv'-l ;e'.'ly: "Xo, I ''') rot. Hut I charge that you not only failed to exercise any effort to et more than $0,000 for this property, but that you were actually, offered $20,000 in cash more, and you refused to take it." That would be his answer. And what would the Judge say to the jury? "It you believe that evidence I in- a jiior.P BVNUM'S SPLENDID : struct you . n,r.,conDn eulty." SKttun Ml untuown.- - nthHrdsOn i uey uuiiL w mniv ... . . " and the pwplo of Itocklngham Coun- tnat.irt nf rriMcisinK hi in. that they are not in a more serious posltion I S; ' we do not question their hon esty, but may It please Your Honor, th-re is a clear case of favoritism here favoritism to the Southern Pow er Company and favoritism to me Utilities Company, into whose coffers they have put $20,000 because the I'tllitits Company can take this con tract, if It is ratified next Tuesday and sell it for $50,000 the next day and put $20,000 In Its pocket, over and above what It gave, and o on about its business. Your Honor remembers th old case of J cksou vs Craft, wnere an auctioneer in selling property saw a man approaching, aii(l knowing that he was going to make a bid on the pnperty which he was offering for sale higher tlr n bid his friend sianu- ng by and already made, before the inn j-nulH i?ft there and make his bid, knock'd down property at price already bid. What did the Court say? "That is a fraud which operates as a wrong; upon the owner of the property and upon the man who was going to make the bid." It was favoritism You favored the man who put in the lt bid. wh n you saw a man coming von knew was eoinK to put in higher one land before he could do it you knocked it down to your friend. We did inanage to get in our bid, made with the bt light we could get Wo -tot in our bid. but they were about to knock it. olT to the other man before we could cot it In. but after we did. g;t it in they declined to con sider it and turned it down. How Can there be any doubt that these people have .(abused their pow ers, have faihd to exercise that care to get the highest market price which, tho Court says they must get for this property? It is no justification to say they were honest, it is no jus tification to say they did not intend to do any wrong; they were charged with a public duty and they failed to discharge that duty, and they did it with their eyes open. The mony lay in cash upon the 'ta-ble, So they did it wilfully. If that Is so, then the; proposition 'of the law, which Is the major premise of our argument. Is that whoever influch circumstances does that, whoever falls In such cir cumstances, to exercise ordinary care, is w'llfuly guilty of neglect of collusive conduct in the selling .of-pubic prop erty, and his action may be set aside. Have these defendants done that? The evidence la overwhelming that they have. Their own statements show that they have. Then what is the conclusion? The conclusion Is that the contract la void, because, it operates (as fraud. That is what they held in the case of McCord vs Pilce; held It was void because they had no right to give away the property. One nian offered $51,000 and another man offered $55,000, and they took the of fer of $51,000, and the excuse they made was that he did not deposit a check. The Court says he offered to put It up, and you cannot be excusied on that ground, because he told you he was ready and would do whatever was necessary to be done. You can not justify yourselves in thiat way. The' Court says he was ready to pay $55,000 for the property, the Board knew this, they were ready to pay it Flavor Parity Economy ' rii-.''! If you knew of a shorten ing which gave baking results that butter would be proud of and at a mere fraction of the cost of butter you would want to use it, wouldn't you? -: Here is a recipe for a per fectly delicious cake made without butter. RECIPE Chocolate Layer Cake ' 't CUP Cottolena 3 level teaspoons 2 cupMugar . . baiting powder 3 gg- i teaspoon salt 3 cups flour 1 cup milk teaspoon lemon teaspoon vanilla Cream Cottolene, aud 1 cup sugar gradually. Add remaining cup sugar to beaten yolks. Combine mixtures,. Sift together flour, baking powder and salt Add to first mixture alternately with milk; lastly flavoring whiles. Finish with and icing. and st i lily beaten chocolatt filling Cottolene -Tht Natural tfwrWtf " At grocer in tint o( convenient sizes in cash, and ready to do anything else they wanted done, yrt th?y profess ed to sen it to McCord for $51,000. This was the breach of trust. Many and many an honest msn has-been gjullty of a breach of trust. This was a breach of trutnd when an hon t man Is guilty of a breach if trust, his action is just as void as if a thief was guilty of a breach of trust. "It was not w.thin the discretion of the IJoard," says the Court, "for the Hoard has no authority to give away property," Then the Court goes on and takes up their explanation of the reason they did, that Fr2neh had not put up his deposit and they my that Is not an excuse. Now, Your Honor, lure is a clear case where these gentlemen, honest men as they are, have simply by some Influence, perhaps due to what the Commercial & Agricultural gentlemen said there, but no improper Influ ence, thoir Intent In not brought In question, have shown partiality to t;e American Tobacco Company or. the Southern Power Company or the I'Uiities Company, one or all. They say they did it because they .promised it to a branch of the American To bacco Company. It makes no differ ence. That Is the reason they gave at fhe tome, and the only reason. When a trustee undertakes to show favorltsm to a. bidder, that makes void the sale. So we have here some thing which, if these farts are true, is a nullity, this contract is vow, and and the qir'st'on Is whether Your Honor will permit these defendants to proceed further in the enforcement of it. We ask that they be restrain ed from doing, anything further, be cause It is void for the reasons 1 have stated. That is the question. My friends have submitted their views upon it. Judge Strudwick has submitted ours. We say to you there. is no case in North Carolina th3t af- flrniiH our view, neither Is there one that denies it. It is an open question. It is not a political question, like my friend Governor Kitchin said. . It Is an economic question, solely an eco nomic question, whether it Is tattter for the town of Reidsvclle, leaving aside the controversy Immediately, concern, ed, wliether.it' is better for the eco nomic welfare of the town of Relds ville, for thi? sale to be made to the Utilities Company. It will hurt nobody fop this Injunc lion to be continued. Governor Kitch in said it wiuld hurt nobody for It to be dissolved. It would certainly hurt the taxpayers of this town If they should by this action be caused to lose $20,000. The statute devolves the duty of making the sale upon the commis sioners. They are authorized to sell, but the statute says before the sale dan be operative It must be approved by the people. Now we say this sale Is void be cause for the reasons I have stated. That everything they have done con cerning It Is void, and therefore there Is no valid proposition to submit to the electors of Reldsvllle, and the Interest of the town ought not to be jeopardized by a polltfctal fight over a matter which has its foundations In wrong, and dn abuse of power, be cause this statute pre-supposes these gentlemen would make a bonan fide sale, a valid contract of sale, which might be submitted for approval. So we ask your honor to continue this Injunction. There is the light plant running, nobody would be hurt, I PRICES ARE THAN BETTER EVER BEFORE, Iherefore Your Opportunity to SAVE Was NEVER so GOOD During the week of October 15th, tobacco prices reached higher than ever before. The Winston-Salem market has surpassed its own record. One-half of this year's crop has sold for more than the whole of any previous year's crop. What are you going to do with this great opportunity? This will be a fine year for you if you use your prosperity wisely, and the worst year of yotr life if you do not. SAVE YOUR MONEY, and place it at interest in this Bank. Come in and see us, and talk over the work of our various departments. We can help you help yourself. Write for our free booklets on Savings, Checking, Certificates of Deposit and Investments. Open, a CHECKING ACCOUNT with this Institution, and put sys tern and safety into your business affairs. Buy our CERTIFICATES OF DEPOSIT, which are as good as cash in any transaction and draw 4 per cent from the moment of pur chase. BE SURE YOU DO NOT WASTE THIS DAY'S GREAT OP PORTUNITY. 4 per cent on Savings, Compounded Quarterly. 1 WACHOVIA Bank & Trust Company CAPITAL $1,250,000. WINSTON-SALEM, NORTH CAROLINA. " nobody calling for .electric power in Reldsvllle today more than thiey can get The plant has a capacity of 346 horsepower, and there is only 125 now used. Nobody will be hurt. Let the Supreme Court decide this controversy between these gentlemen. I think that would be much bettter, pursuing the idea Governor Kitchin has advanced than to have a bitter contest among I ; themselves. If the Court says thia la a proper transaction we will bow with, proper respect, and that ends the mialtter; if thieryi say it is not, then let them pursue such course as they think best Nobody will be hurt and no reflection will be made upon these gentlemen. We do not impeach, their honesty and integrity. Let the Court pass upon this question, an open ques tion so far as the election is concern ed, -buti not an open question so far aa the validity of the contract Is con. cerned. GROOM'S The farmers are busy sowing wheat and clover. Mr. Llndsey Chilton of Route 6 was a visitor In this vlclnty Sunday. Messrs. Elliso McKinney and Harl this section Sunday. Messrs. A. G. McKinney and Claude Shumate of Route 6 visited in this neighborhood Sunday. Messrs. Oliver and Robert Halzlip visited at the home of Mr. J. H. Wall Sunday. Mr. W. A. Saunders of near Mclwelr visited friends here Sunday. Sonne of the Route 6 boys are get ting right sporty, as they are buying Ford cars. Dont fall to BOA our tin A nf tnnnm vey Tate of Mclver weca visitors in j men's suits. WJliiania & Co. 1 THE J . Near the Dunn Home, about a mile from Leaksville Graded School and one mile from Heiner's store. In walking distance of all the mills. 108 acres cut into acre lots and 5 and 10 acre farm. Will be sold AT AUCTION on the Land Saturday, Nov. 10, 1:30 p. m., Shine or Rain This is the last chance to buy land near the mills and schools, where you can raise pigs, chickens, peas potatoes, and keep your own cow. Don't let this opportunity slip. Get busy and look over this land before day of sale. Easy terms One-third cash. Six and twelve months on balance. We take Lib erty Bonds at face value for the land. Brass Band Music. Ladies invited. Silver Souvenirs given away at sale. If it rains be sure .to come, as you may get a better bargain. ' Remember the Date, SATURDAY, NOV. 10, 1:30 P. M. MURPHY - BROTHERS LAND ' AUCTION COMPANY Of Greensboro, N. C. ... C C MURPHY, Manager P. S.If you have land to tell tee these men or write the Company.
The Reidsville Review (Reidsville, N.C.)
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Nov. 2, 1917, edition 1
6
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