10 PAGES TODAY VOL. XXXV, No. 34 THE CLEVELAND STAR SHELBY, N. C. WEDNESD'Y. MAR. 20, 1929 Published Monday, Wednesday, and Friday Afternoons By moll, per year On advance) 93.60 Carrier, per year (in advance) $3.00 LATE NEWS The Markets. Shelby, spot cotton ....__ 20c Cotton Seed, bu._......... 70! ic Showers Likely. Today’s North Carolina Weather Report: Fair tonight. Thursday in creasing cloudiness probably follow ed by showers in west portion. Lit tle change in temperature. Legislature Closes. The 1929 general assembly of North Carolina closed its session at * o’clock last night In Raleigh aft er being In session for 70 days, one of the longest sessions in years. MM bills were passed as compar ed with 1,205 In 1927. Vandyke’s Suit Against Officers Comes To Close Action Taken In Suit For $50,000 Damages Asked Of Five Officers. Another chapter has been writ ten in the Vandyke damage suit against five Cleveland county offi cers, and again the chapter is end ed with the words—"Non-euit.” xne case was non-suitea in Fed eral court here yesterday before Judge E. Yates Webb by attorneys for John Vandyke, formerly a citi zen of this county but now living In South Carolina. Several years back Vandyke filed a suit in Su perior court against Sheriff Hugh Logan, Deputy Bob Kendrick, and Policemen IrVip Allen, Greel Ware and McBride Poston asking $50, 000 damage for false arrest or im prisonment, due to the fact, ac cording to the complaint that he was not given proper opportunity to secure bond before being jailed about a still said to have been found near his home. After the suit carried over several times in Superior court Vandyke moved to South Carolina, non-suit ed the Superior court suit and then brought the damage action in Fed eral court. • Witness Net Here. Attorneys in the Federal court room yesterday asked that the suit be continued due to the fact that a woman who was to have been a witness fdt'-Vandyke was sick and not able to attend. Counsel for the officers asked that there be no continuance and that a deposition be taken of the sick woman’s testi mony* This view was concurred in by Judge Webb, and 3* short time thereafter the Vandyke attorneys non-suited their case. More Students On School Honor Roll In Shelby Schools Total Enrollment Now Only little Over 3,000. 179 Failures In Month. The average attendance for the sixth month in the Shelby city school system was 3,474 pupils with 3X173 pupils enrolled, according to the monthly report just Issued from the office of Supt. I. C. Griffin. During the month 124 students attained the honor roll, while there were 179 failures. rail in Hirn school In the detailed report it is seen that 125 of the 179 failures were in the high school where 518 pupils are enrolled, which means that more than one fourth of the high school students failed during the sixth school month. The enrollment and attendance figures by schools follow: School Enrolled Av. At. Marion 317 269 Graham 278 226 Washington 203 _ 178 Jefferson 391 * 310 S. Shelby 529 '- 419 Lafayette 318 . * - 233 High School 518 > ; 412 Colored School 517 427 3073 2474 The Honor RolL The honor roll list for the month by schools and grades follows: Washington School. Fourth grade—Earle Hamrick, (Continued on page ten.) Free Transportation To Flood Sufferers The local agent, A. H. Morgan, of the Southeastern Express com pany, has received authority to ac cept for free transportation in less than carload quantities, shipment of food, clothing, medicine and other emergency supplies, shipped by or consigned to American Red Cross or oyier authorized relief or ganization ‘ in flooded areas or the southeastern section of the country. Thousands of people are home less in Georgia, Alabama, Mississip pi and Florida as a result of the re cent high waters and those of this section who wish to consign food and clothing to the sufferers will be glad to know that free trans portation will be allowed. Two New Candidates Announce For Mayoralty Here Today Whiskey Raid Here Nets More Than 23 Gallons S' _ Prominent Morganton Man Cap tured With New Ford At Shelby Residence Twenty-three and one-half gal lons of corn whiskey and a new Ford sedan were captured in a raid here late yesterday afternoon by Police Chief McBride Poston, Po liceman Putnam and Deputy Bob Kendrick. The capture was made at the home of Coy Morrison at the end of South DeKalb street, the car with the 23 gallons being parked in the Morrison garage under the house while the owner of the car, T. M. Brinkley, prominent Burke county man, who also claimed the whiskey, was in the Morrison din ing room eating supper with the Morrison family. Prominent Man. After being arrested Brinkley, a member of one of the best known families in Burke county, told Chief Poston that the car and the whiskey belonged to him and that he had stopped at the home of Morrison, whom he has known for years, for supper with the intention of deliv ering the cargo of whiskey to another Shelby man, name not given, after dark. The whiskey was in 47 half gal lon fruit jars in cases placed in the rear of the car where the back seat had been removed. Officers Swarm House. Receiving a tip from somewhere Chief Po6ton carried the two other officers with him and attempted entrance at the front door of the house, but at first could not get in as the screen was latched. He thtn dispatched the other officers to the rear where they entered and began searching, locating the car and whiskey under the house and a half Sion fruit jar In, the house whi«h ■y said smelled of whiskey but was empty. A few’ minutes later Chief Poston secured entrance by the front door and just as he reach ed the rear Brinkley, it is said, de parted by the front door but was caught some distance away by the Shelby chief. At the time the of ficers entered Brinkley along with the Morrison family was eating supper. In county court today Judge Horace Kennedy gave Brinkley the choice between a 12-month road term or a fine of $500 and the costs after numerous leading clti sens of Morganton gave the de fendant, who is about 30 years of age and nicely dressed, a good rep utation. Brinkley paid the fine. This morning officers arrested Morrison because the empty half gallon of whiskey was found in the house and one half gallon jar was missing from the four cases in the car, the officers contending that the whiskey in the house was pour ed out after they arrived. Evidence against Morrison seemed to be cir cumstantial for the most part, but as he has been before Judge Ken nedy before the latter imposed a year road term, and an appeal was taken by Morrison's attorney, Capt. Peyton McSwain. The haul was one of the largest made here in some time by local officers. Couples Marrying At Gaffney Mart The following couples of this section secured marriage license at Gaffney, S. C„ recently: Glenn Walls and Maggie Lowery, of Bostic; Evans Warren and Pashie Parris, of Shelby; Robert E. Lee and L. T. Mote, of Lattimore; Vernon Lemmons and Allene Mau ney, of Mooresboro; Theodore Boyl es, of Vale, and Stelma Costner, of Lawndale. Move To Keep Schools Open Here By Subscription Gets Good Start Appeal Being Made This Week To Parents Through School Children. May Know Outcome By Friday Night. Success Seems Likely. The movement, started by the Parent-Teachers association and other Shelby citizens, to keep the city schools open for the full nine months this year by the subscrip tion plan promises to be successful, according to statements by members of the Citizens' Committee to The Star today. The plan is to have parents and patrons of the school subscribe enough money to keep the high school, and the other schools if pos sible. open for the last month due to the fact that the school finances are depleted and the tax money will maintain the schools for only eight months this year. Early this week letters containing a full statement of the facts and the situation faced by the city schools together with a card with a blank to be filled in for each sub scription were distributed among all the children of Central school to be taken home to the parents. The outcome of this appeal for the chil dren. through the children may be ascertained by Friday when the students are supposed to return their subscription cards or reports to the various teachers to be de livered in turn to the Citizens' Com mittee which is behind the move ment. From encouragirtg reports they have heard from many citizens members of the committee are in clined to believe that the movement will be a success and that parents will subscribe enough to operate the schools for one month rather than have their Children lose credit for a year’s school work. What's This? Baseball Here This Week-High Season Opens Its here—the baseball season! Tomorrow, Thursday, afternoon the Shelby highs officially open their 192# season with a game with! Belmont Abbey at the Catholic In stitution. Then Friday Shelby fans will get their first taste of the pasttime when “Casey” Morris' boys take on the always strong Cherryvllle nine at the city park here. Just what line-up Coach Morris will start Thursday against the Belmont prep team is not known, neither is it known what boys will wear the Shelby high uniform In the first home game here Friday. But Coach Morris has 10 veterans back from the 1927 and 1928 teams along with a dozen or more young sters who are battling for Jobs. If he can plug up several big gaps in the outfield it is the opin ion of the Shelby coach that fans here Friday will see one of Shelby’s smoothest working baseball teams, with proper allowance being made, of course, for the first games of the year. Among the old-timers back in harness are “Milky Gold, captain and infielder last year; Cline Owens Lee, flashy shortstop; Rooster Bridges, second-sacker; Wall, infielder; Poston, Moore and Queen, pitchers; Farris and Mc Swain, catchers; Smith and Poston, outfielders. Among the new candi dates are Hamrick, Dayberry, Reid, Harris and Teal, pitchers; Harrel son and Bumgardner. catchers and flrst-sackers; Hulick and Wash bum, outfielders; Hendrick and Rlppy, lnfielders. The mo6t prom ising talent In the new group in cludes Hamrick, a fine prospective pitcher from up-county, and Har relson, of the Waco section, who can perform with quite a bit of ability behind the bat or on first. And the first game of the year at home is Just two days off with the youngsters having more than a week of practice behind them. Rev. R. M. Hoyle To Live In Shelby Rev. R. M. Hoyle, one of the most beloved ministers in the West ern North Carolina conference and regarded as a sage and saint in re ligious circles, has come to Shelby to make his home for the present with his son, Caleb Hoyle. Rev. Mr. Hoyle, advanced in years, is still alert and vigorous to mind. He was a patient in a Spartanburg hospi tal for awhile. No Prisoners Sent To Atlanta By Judge Webb In Court Here For First Time Yet Federal Court Fails To Send Prisoners To Atlanta. Approximately 80 cates faced Judge E. Yates Webb here Monday when he opened the spring term of United States district court, but by Tuesday afternoon, moving along in his rapid style. Judge Webb had disposed of every jury trial on the docket. Several odds and ends connected with the docket were cleared up this morning and the court was adjourned, the federal Jurors being dismissed yesterday. For the first time, it is recalled, since a federal court district has bee* established here not a single convicted defendant was sent to the federal penitentiary at Atlanta as the majority of the cases this time were minor infractions of the prohibition law. However there were numerous jail sentences im posed by Judge Webb, the heaviest being a nine mcnths term. Bandits Rob Man In Rutherford County Of Entire Savings Rutherford Bachelor, Helpless As He Watches Invaders Ran sack Home. Rutherfordton, March 19.— Three masked men entered the home of Perry Phllbeck, bache lor, about 13 miles east of here late Sunday night and robbed Mm of 9500, his entire savings, according to word reaching here today. Mr. Philbeck said the men took ropes and tied his hands and feet securely, so that he could not move, but let him in such a position that he could watch them break open his trunk and remove the money which he kept in a large pocket book Left Tied. After the robbers left Philbeck. who is 60 years old, went to the home of his brother, Will Philbeck, a short distance away after he had worked the fetters from his feet and his brother cut the ropes from his hands. He was unharmed and nothing but the money was taken from his house. Although Mr. Philbeck was un able to recognize any of the men, officers are working on the case with the theory that the bandits were well acquainted with the farmer's habits and knew where he kept his money. Jesse Glenn Dies In Earl Section Well Known Younr Man Dies Of Tuberculosis. Funeral On Tuesday. Mr. Jesse Glenn, popular young man and a member of a well known family of the lower part of Cleve land county, died Monday after noon at 3 o’clock at his home in the Earl section after a lingering illness from tuberculosis. The de ceased was Just a little over 40 years of age and had been suffering with the dread disease for five years or so. Funeral services were held Tues day afternoon at New Hope Baptist church, where he had been a mem ber since 1010, by the pastor. Rev. Mr< Jenkins of Boiling Springs. He was buried with Masonic honors and a large crowd of Masons min gled with the big throng attending the funeral of the popular and re spected young man. Surviving are his wtfe, who was Miss Pearl Moore before her mar riage in 1913, and the following children: Palmer, 14; Harrison, 12; Baxter, nine; Boyce, seven; Mary D., four; and Lilly Irene, aged seven months. Surviving also his father, Mr. J. Beureagard Glenn, and the following brothers and sisters: R. F., Jack, Allen and Benjamin, of the Earl section, and Mrs. N. D. Crotts, of Kings Mountain; Mrs. Charlie Melton, of New House; Mrs. Thomas Blanton, of Earl; and Misses Minnie and Bonnie Glenn. Gardner Names Mull Chairman Of Prison Board Offered Other Jobs To Him Which He Would Not Accept. Takes This One. i _____ At his office here today Rep i reseutatlve Odus M. Mull, state Democratic chairman, stated that his appointment by Gover nor Gardner as chalrmnn of the state prison board would not take him away from Shelby to brrome a cltlaen of Raleigh as the board ehalrmanshlp will not require his full time there, although he will likely have to divide his time between Shelby and Raleigh. Raleigh, March 20 —Odus M. Mull, fellow townsman and close personal and business associate of the gov ernor. chairman of the state dem ocratic executive committee and chairman of the house committee on finance Monday agreed to add another chairmanship to his list and was last night confirmed by the senate as chairman of the State prison board. "I had offered Mull anything I had and he had previously refused to be considered for chairman of the highway commission or accept this position, which I regard as one of the most important If not the most important in the state government" said Governor Gardner in announc ing the appointment, together with those of other members of the board. '•Mull i« one of the most success ful and largest farmers in the state and I have served with him on boards of banks, mills and other enterprises and he Is one of the best business men in the state" ad ded the governor. Governor Oardner had previously made it known that he Intended to avail himself of the provision of the law passed In the McLean adminis tration permitting the chairman of the board to be a whole time offi cial. However, he stated yesterday that Mr. Mull has not yet agreed to devote his full time to the post and that question Is one for future de termination. However, it Is certain that Mr. Mull will give the prison a large part of his time and will be the active head of the Institution. Three of %he old board of seven directors were reappointed yesterday by the governor and It was stated that Superintendent George Ross Pou, Warden J. R. Norman and other prison officials will be continued. Directors reappointed are: Ben B. Everett, Palmyra; Waller D. La Roque, Kinston; and D. Colen Barnes, Murfesboro. New members of the board are J. Wilbur Bunn, Raleigh lawyer; James O. Hanes. Winston-Salem manufacturer; and U F. Abernethy, Hickory banker. Members displaced are: J. A. Leake. Wadesboro. chairman; John M. Brewer. Wake Forest and Rich ard M. Chatham, Elkin. There Is one vacancy caused by the resigna tion of A. E. White, of Lumber ton, a member of the general assembly. 1 “I Did Not Raise The Lgiht Rates,” Mayor Dorsey Says Changing Rates Or Laws Of City Up To Aldermen, Not Him, He Declares. “Quite a number of the citizens seem to be blaming me for what they call the boosted light rates in Shelby, and I want to make it plain that I did not raise or lower the rates,” Mayor W. N. Dorsey stated today. ' “I couldn’t raise the light rate if I wanted to, if I could, I would not. The making or changing of rates, laws and ordinances is what the aldermen do and that power is not vested in me. The city clerk one day discovered that the city wa3 not billing light patrons for power upon the same scale as the city is billed for the power we sell in turn to he patrons. He then asked me If I thought that the scale should be followed for both billings and I told him that I thought it should However, at the next meeting of the board the question was brought up and the aldermen, too. were of the opinion that the city should make out its bills to patrons upon the same scale as the city must pay for its power to the power company. The method of figuring the rate then was charged to con form with the method used by the power company in selling power to NEW PRISON HEAD. ODDS M. MULL. Mrs. Ben Kendall Dies In Chadotte| — fistff Of Zollie And Pink Reviere Dies In Charlotte Suddenly Last Night. Shelby friends were shocked this Horning to learn of the sudden death in Charlotte last night about 0:30 o'clock of Mrs. Bessie Ken dall, wife of Ben D. Kendall, a na tive of Cleveland and sister of Messrs. Zollle and Pink Revlere of Shelby. Mrs. Kendall died rather sud denly of a heart trouble with which the had been suffering for several years. During the day, however, she had been feeling unusually well and up about her household duties. The heart attack came in the early part of the night and she died Shortly after the physician arrived. Mrs. Kendall was about 57 years cf age and the daughter of E. and Bailie Revlere. For the past 25 years she and her family has been ivlng In Charlotte where she was an active member of the Tryon 'street Methodist church. She was a beautiful character, devoted to home and family and radiated With n most happy and pleasing dis position. ouivivuig ai c act iiuouffMu three children, Mrs, Fred Greene, Miss Mary Douglas and Jack Ken dall. Her aged mother, three brothers, Zollie and Pink Revlere. ot Shelby, and Ab Revlere of Ana conda, Arizona, survive. Her only sister, Mrs. Charlie Baber died at her home in Blacksburg, S. C. last August. Puneral arrangements were not learned this morning but she will be interred at Charlotte. Seaboard Adds > Tracks And Engine Switch Engine Now Kept Here For Shitting Cars. Two New Tracks Are Bnilt. The freight business of the Sea board has grown to such an ex tent that considerable improve ments have been made at the local freight yards to cope with the sit uation. A switch engine is kept on duty all of the time to shift care here and on the main line between Waco and Moores boro. Car load shipments arrive dally and often these cars have to be shifted for convenient unloading, thus this en gine is constantly placing cars on the various sidetracks that are pro vided on the local yard. A new siding that hold eleven cars lias been built on the north side of the main track which is called the “team track" because it lies along the hard surface road and is convenient for trucks and wagons to drive alongside the cars tor loading and unloading. A pass track has also been com S. A. McMurry And Enos Beam In Race; Makes 3 Candidates Charter Changed, May Have Run-off In City Election Representative Mull Gets City Charter ( haute By 1/erlsta ture. Salaries Set. Shelby may hare a double header city election this sprint In view of the fact that the bill to rhante the Shelby city charter was Introduced and passed in the closing days of the letislature by Representa Odus M. Mull. At his office here today Mr. Mull stated that the charter bill was passed and that one provision In the blU was that the wtnnlnt candidate for may or be required to hare a major ity vote. In that three candi dates are already announced for mayor it may mean that the two high candidates In the May election here will have to enter a run-off race for the winner to receire a majority vote. Other Chanfes. Mr. Mull did not have an exact copy of the bill as passed upon his desk this morning, but he declared that the bill passed was a con densed bill from the two proposed bills forwarded him at Raleigh. The date of holding the election remains the same—the first Monday in May Instead of the first Tuesday as was proposed in one of the charter change bills. Mayor's Salary. As to the mayor's salary the re vised charter says that in case the mayor gives full time, or practical ly full time to city affairs that his salary is to be fixed by the board of aldermen according to the amount of time he gives, except that the salary shall not exceed 12,500 per year.* No provision is made in the revision as to a city manager or assistant to the mayor provided the mayor does not wish to give full time to the Job, for, Mr. Mull says, that such a case is cov ered by the general state laws giv ing the aldermen the power to em ploy an office manager or assist ant when there is not a full-time $10 For Aldermen. The revised charter also states that the members of the city board are to receive $10 monthly for their services. Colton Ginning Final Report Is Issued The government report on the final glnnlngs for the 1828 crop was issued at 10 o'clock and showed the yield to be 14,269,313 bales against 19,956,043 for 1927. The census de partment estimate for the 1928 crop was 14,373,000 bales. In a few days the final gin re port for Cleveland county which this year stepped into front rank as a cotton producing county In North Carolina will be Issued and then the guesses will be gone over and the one who came nearest, will be given the $5 cash prize offered by The Star. p.'eted that will hold a train of seventy-five cars, thus enabling long trains to pass each other at the local station. Agent H. A. Harris is gratified over the increase In business here and has been urging these im provements through in order to facilitate the handling of the heavy fertilizer shipments at this season i of the year. Committee Here Working Now On Appeal Of City Light Rate Fight For Lower Light And Power Rates Continues With Mer chant Committee. The committee named last week to confer with the city aldermen about lowering the light and power rates in Shelby, or changing the method of figuring the rate, is now assembling facts and figures to support their appeal which will be made at an early date before the board. ft,:', E. E Scott, chairman of the * committee of merchants leading the I movement to lower the rates, stated last night that he has written about 12 other North Carolina towns and cities to secure information as to their rates and scale along with other information. Practically all of the municipalities he has written have answered and at another meeting of the committee to be held this week the facts will be assem bled for presentation to the alder men. Cotton Man And Theatre Proprietor Offer Aa Opponent* To Mayor Dorsey. Shelby now has three raniMdafes for mayor In the May etty election with the announcement lebtf made today of Mr. Sim A. McMurry, well known cotton man. and Enas U Beam, local theatre proprietor. Although there haa been eon* siderable talk of other candidates opposing Mayor W. N. Dorsey, who announced for reelection several weeks back, the two announcements coming In today are the first in the field since the Dorsey an nouncement. Platform Of Service. Neither of the two new candidates outlines a platform . upon which their campaigns lor the office will be based other titan saying that if elected they will render the best and most Impartial service possible to the citlscns and taxpayers of the city. Both men have been urged con sistently of recent days by their friends to enter the rtce and it seems that if the decision to an nounce came to botti of them yes terday with one not aware that the other intended to run. The Me Murry announcement reached The Star early yesterday morning and was followed., in the afternoon by the Beam announcement. Mr. McMurry, who is a native born citizen of Shelby, is .a son of Mr. J. J, McMurry, one of the county's most highly respectec' citizens. He to a successful business man and poptgar throughout tilt town. For years he haa been con nected with the McMurry cotton firm here, operating textile plant* and purchasing cotton. Mr. Beam, is a son of the late Mr. Elsie M. Beam, and alone with his brother, Zeb, owns ami operates the Princess theatre, one of Shelby’s two leading movie houses. He also is Interested in the operation of the Lyric theatre and has theatre in terests outside of the city. In ad dition to his theatrical interests Mr. Beam is the owner of very valuable business property in Shelby. Other Races Likely. The arrival of several spring days seems to have revived political ac tivities about Shelby. Several oth er local cltisena are still being talk ed by their friends as candidates for mayor, and ona or two of them, it Is understood, sue sUU consider ing announcing. Meantime there is renewed in terest in the four aldermanlc seats. Only one candidte, Mr. Ah Jack son. who is in Ward Two has an nounced, while one of the present board. Mr. Rochel 7. Hendrick, has stated that be will not be a can didate again. Although they have not said so it is likely, according to general report, that the three other members of the present board. Messrs. John Schenck, Jr.. J. 7. Ledford and A. V. Hamrick, may seek redaction. Among the other candidates who are being talked for aldermen are Dr. R. M. Oidney and Mr. Boyce Dellinger, both of whom Uve in Ward One. Just how many of the talked-of candidates, both for mayor and the board, will announce later is a mat ter that will be settled by time only. However, In political circles It is not believed that there will be as many candidates for mayor this time as there was two years ago when six entered the fidd. There is d prob ability, though, that at least one other candidate will enter, making It a four cornered race. j Auto Supply Firm To Open Here Soon Moore and Stewart who operate a wholesale auto repair and ac cessory store in Gastonia, have rented one of the store rooms Ip the Gardner building on W. War rent street where they will open about April l, a store for the sale of automobile parts and accessories. The store will sell mainly at whole sale to garages throughout this sec tion. The store is being put in con dition now to receive the stock which will be shipped ln> right away. Mr. B. W. Dickson has come to Shelby to manage the new store. ,