VOL. XXXVIi, No. 64 SHELBY, N. C. FRIDAY. MAY 10 PAGES TODAY iM>, 1931 Published Monday, Wednesday and Friday Afternoons. Hr Mkll. o«r rear. (In ad.aura) _ IZJm vtrtlur. oor rear. (In adanni _ ax.kb Late News Warmer Tonight, Today’s North Carolina Weather I Report: Fair and somewhat warm er tonight. Saturday Increasing cloudiness probably followed by lo cal thundershowers and slightly cooler in the west in the afternoon, j Dunn Fleeted. 'Montreat, May 29.—R. A. Dunn,’ Charlotte banker and capitalist, was elected moderator of the general as sembly of the Presbyterian church in the Cnltcd States at the initial business session of the general as sembly Thursday afternoon. Break ing a precedent of 16 years, Mr. Dunn, a layman, won over five other nominees, all ministers. He is the first layman to be elevated to the highest office in the gift of the church since 1914, and the fifth since its organization in 1861. Supreme Court Does Not Alter Lattimore Case Sentence Upheld In Bank Affair tppeat Taken On .fudge's Charge To Jury. High Court Rules With Judge. J. J. Lattimore. whose sentence was affirmed by Supreme court, is still in Shelby awaiting final noti fication from the Supreme court to { the clerk of Superior court before going maalelgh. RaleigsCMay 29 —J. J. Lattimore, former cashier of a Shelby bank, must serve a sentence of five to eight years in the state prtson. He was convicted at the January t$jm of Cleveland superior cdurt of mak ing false entries on the books of the Cleveland Bank and Trust company, which was consolidated last year with another bank. Represented by such able lawyers as Clyde Hoey and former Repre sentative B. T. Falls, the Shelby banker appealed to the supreme court on the ground that Superior Court Judge Clement, of Winston Salem, erroneously charged the jury. Associate Justice Ad&ms, writing the opinion for a unanimous court Wed nesday affirmed the sentence. Laying aside legal jargon, Judge Clement charged the jury that the issue could be stated simply as this question: “Did this defendant (Lat timore) knowingly make false en-j triee in the books of the bank?” ! Judge’s Charge Upheld. Exceptions were made to this charge because of its simplicity, but Associate Justice Adams also lays aside legal jargon and afirms the charge with a clear statement of the law as follows: “The instruction complained of conforms strictly to the clause which condemns the making of a false en try In a ‘book, report, statement, or record of a bank.’ In effect the clause declares the wilful making of false entries In the books and rec ords of banks by an officer, em ploye, agent or director thereof a distinct offense, without regard to the fraudulent intent which applies to the embezzlement, abstraction, and misapplication of funds,” , The reason lor enacting the •mended statute, by which- the wil ful making ol false entries is de clared to be a felony, is apparent. The natural and perhaps the un avoidable effect of making false en tries In the books and records of • bank Is to deceive the officers, to Impair the assets, and to maim, if not totally to destroy the business. A specific intent to deceive or to defraud is not essential. It is true that an act may become criminal only by reason of the intent with which It is done, but the perform ance of an act which is expressly forbidden by statute may constitute an offense in itself without regard to the question of Intent.” Lattimore was charged with mak ing two entries showing deposits totaling $11,625 in a Charlotte bank, when, in fact, no such deposits were made. City Golfers Enter Carolinas Tourney Hickory, May 29.—Pro Mac Mc Combs of the Hickory Country club, and J. E. Owens, local golf star, plan to leave Hickory. Saturday night for Myrtle Beach, S. C„ where they will enter the pro-amateur golf tournament on Monday. The two local golfers intend to get in some practise rounds on the Myrtle Beach course Sunday so as to be in top notch form for the tournament. They will compete with golfers from North and South Car olina for the pro-amateur aggregate low score prize for 18 holes. Among other golfers from this section who are expected to take Dart in the tournament are Pete and Fred Webb of Shelby. The Shel by golfing brothers recently lost a' thrilling 18-hole match to McCombs and Pro E. J. Cote on the Mimosa course at Morganton Will Give Two Auto Thieves Trial In Texas Stolen Car Brought Back Here Federal Court To Handle Case. May Bring Two Men Here Later. Harley Painter and Ralph Foust, young Shelby white men with crim inal records, will be tried in Galves ton, Texas, on the charge of steal in a new automobile from the Charles L. Eskridge garage here, it was announced today by Police Chief McBride Poston. The two were caught in Houston, Texas, some weeks ago when officers noticed they were driving a car with a North Carolina dealer's license Officers here were notified and Chief Poston immediately asked for extradition papers to bring them back. One reason for desiring them returned here was that officers had a suspicion that they might have been connected with the Cohen store robbery on the same night the car was stolen and other robberies sev eral nights previous. It was decided this week, however, after- a message from Texas, to per mit them to be tried there in Fed eral court for violating the Dyer Act by transporting a stolen car from one state to another. If they are convicted and sentenced to the Federal prison at Atlanta Texas of ficers have said they will notify lo cal officers about die length of the terms so that they may be brought j to Shelby then. The automobile was returned,! damaged very little, last night by! Charlie Magness. Mr. Eskridge and Me«rs, Z. J. Thompson and R. T. I LeGTand also returned from Hot Springs last night. Aft^r leamtng j that the stolen car had been located at Houston Mr. Eskridge sent Mag ness there from Little Rock to get it and return it here. Court Orders Willis Not To Bother Wife Was Charged With Trespassing At Fathcr-in-Law's Horae. Dockets Light. lit county court this morning Judge Maurice Weathers imposed aj six months sentence on Ode Willis,! young white man of No. 5 township, the sentence to take effect if he bothers his wife and children any more. His wife is now living with her father, George Willis, and recently it was contended Willis made a visit there after being forbidden to come. It was charged that he and several other young men came to the home disguised. The four others were freed when they could not be Iden tified. / Over 30 Cases. Including today’s sesion the coun- ] ty court has disposed of 35 cases; this week, according to the records! of Deputy Clerk Charlie Woodson.! Twenty-four of the cases were on the week-end docket Monday and the dockets have been fairly light since. HORACE CADE GREEN RECEIVES IIIS DIPLOMA! Horace Cade Green of Boiling > Springs received his diploma as a graduate from the Lee school fori Boys at Blue Ridge this week. He; was graduated with distinction.! awarded a letter in football and was a member of the Grady liter ary society. CAPIT(£Wk*^Y /rom Wa&HW4T0H to the Smoky ftewtTMHS Matw4al Rm*k - % • _ DISTANCE 6l» MIL*6 Train Service In Rutherford Change June 1 Will Give Kutherford County Better Mail And Express Service Each Day. The Seaboard railroad has an nounced, effective June 1, it will operate mixed train No. 222 from Rutherfordton, leaving at 4 p. m. and going direct to Charlotte and Monroe, connecting, as formerly with main line trains, north and south. Last January the Seaboard discontinued its regular passenger service into Rutherfordton and has had only a mixed train from Shel by there, arriving in Rutherfordton around 2 p. m. and leaving next day at XI a. m. Under the new schedule the train will arrive there at 1:35 p. m. and leave at 4 p. m. The change will give better mail, express and freight service into Rutherfordton from Charlotte, Mon roe and other points east. Miss Louise Ledford Gives Fla. Travelog Miss Louise Ledford, daughter of J. Farris Ledford, who attended Ki wanis International convention in Miami, Fla., with her father as delegates from the SheTby club, gave a most interesting and instructive travelog of Florida last night before the Kiwanis club members. She de scribed the most interesting sights in the cities visited and gave inter esting history on Florida's early set tlers. Lack of time forbade Mr. Led ford reporting on the convention proper but he hand written reports to Kiwanis members. Tear Gas Bombs Installed In Vaults Of Shelby Post Office Added Protection For* Vaults. Bomb Placed In Each Vault There. Two vaults in the Shelby post office are now protected by the latest thing in safety devices against burglary—tear gas bombs and automatic locks. So perfected are the new devices, just installed, that the most expert of safe crackers would find himself outwitted in attempting to rob the federal building. The two vaults have been so wired that any attempt to force either vault will automatically throw on two additional locks and set off the tear gas bombs, thus releasing a ftood of tear gas that would over-: come the safe crackers. One vault usually carries the of fice's $20,000 stock of stamps but the postoffice money is deposited daily in the bank Sell Two Thousand Poppies In Shelby Mrs. Reid Misenheimer, chairman of the poppy sale committee of the American Legion auxiliary, an nounced today that the poppy sale here brought in a total of $230.67. Two thousand poppies, which cost the auxiliary $44, were sold. Mrs. Misenheimer expresses her appre ciation to members of the auxiliary who helped carry out the successful sale. Miniature Golfing Course Open Monday Delayed by cool weather until re cent days the Peter Pan miniature golf course on South Washington street will hold its formal opening Monday night. June 1. Golfing wlU | be free on opening night. Robert | Elam is manager of the course. Planning Scenic Highway In N. C. Gastonia, May 29.—For the pur pose of calling to the attention of the tourists of the nation one of the most historic and beautiful highway route sin the east, leading from Washington by way of the Kings Mountain' military park to the Smoky Mountains national park west of AshrvilJe, more than one hundred of the leading business men of the Piedmont cities of Western Carolina met in Ruther fordton recently and formed an or ganization for the avowed purpose of telling the world about the scenic and historical attractions of West ern North Carolina, Similar meet ings will be held In the near future at Richmond and at Greensboro to work out final plans for making this one of the best known roads for tourists coming Into the south east. „ Present indications are that these three meetings will result in the es tablishment, of a route from Wash ington to these two parks that has been tentatively designated as the Capitol parkway. The route w*Hl be the present magnificently paved highway from the nation's capital through Richmond, historical cap i CONTINUED ON PAGE TEN ' Mrs. McDaniel j Is Buried Here j Mrs, Everett McDaniel Succumbs To Stroke of Paralysis. Church Funeral. The community was saddened Wednesday afternoon to learn of the death of Mrs. V. Everett Mc Daniel at her home on West War ren street who succumbed to a stroke of paralysis which she suf fered last Friday. The end came Wednesday afternoon at 1:20 ! o’clock after five days of anxiety and careful watching and nursing on the part of family and friends. Before marriage Mrs. McDaniel was Miss Ada Stockton, daughter of Mr. and Mrs. Joe Stockton of this county. At the age of 14 years she united herself to the Baptist church, but joined Central Method ist church with her husband under Dr. Hugh K. Boyer's pastorate here. Mr. and Mrs. McDaniel moved to Shelby from Ellenboro In December, 1917. She was a kind hearted, sym pathetic woman and a fine Chris tian character, greatly endeared by her host of friends. Surviving are her bereaved hus band, three sisters, Mrs. J. Gaff Lattimore, Mrs. M. Wilson, Mrs. John Hamrick, of this county, and one brother, Miller Stockton, of Raleigh. Funeral services were' con ducted Thursday afternoon at Cen tral Methodist church by Rev. L. B. Hayes and Dr. Zeno Wall.' There was a beautiful floral offering and many friends to pay tribute to her sweet life. Interment was in Sunset cemetery , , , Assembly Carried Out Major Part Gardner Economy Program; Tax Payers Will Benefit From Changes Fox Dog1 Helps Farmer Replant His Cotton Seed (Special to The Star.) Polkvtlle, May 28.—H, E. Wbisnant, a farmer living in the Oak Grove section near Poikville, has a fox hound that saves him many steps and is a real good fox hunter. On Tuesday afternoon Mr. Whisnant and his work hand were very busy replanting cotton when his seed gave out. He noticed his dog at the field and not wishing to stop planting as he wanted to get through that day, thought he would try his dog as a “car rier dog.” He called the dog to him, and on the back of a blank check he wrote a note asking his wife to send more seed to the field. With a string which he cut from a plowlioe he tied the note to the dog’s colar. The dog started for home with the note and in a few minutes, Mrs. Whisnant, who was on the inside heard the dog mak ing an unusual noise. She went out to see what had happened and saw the note. She took it, read it and sent the seed by one of the boys to the field. Mr. WTiisnant did not even stop planting. Negro In Prison To Await Death Chair Gaffney, May 29.—Leaving here early Tuesday morning by automo bile, John P. Moore, sentenced to death In the electric chair June 12. arrived at the state penitentiary in Columbia about 10 o'clock, a few minutes beiore Norman Blakely, 16 year-old Greenville negro, was elec trocuted for the murder of a chain gang guard. To spare Moore the shock that might have resulted if he had known what was taking place at the time, the Cherokee county negro was sent to a cell In the top tier of the main building until the electro cution was over. Penitentiary offic ials said he would be placed In the death house shortly. Moore, who was convicted here of attacking a white woman with in tent to ravish, was taken to Co lumbia and Deputy Sheriff Julian Wright, who weFe accompanied by Deputy Clerk ot Court W. B. Oorry. The negro / was uncommunicative throughout the trip, speaking ouiy when spoken to, the officers report ed. The crime for which he was con - victed occurred April 13 near Grover School Rill, Highway Change. Bet ter Banking Supervision Arc leading Act*. (By 10. B. Ilunnagan, .Star News Bureau.) Raleigh, May 29,—Governor Gard ner's program of progressive iegisla | tion and better government reach led a 100 per cent fruition, whan the revenue bill was enacted, by the legislature. Governor Gardner started out with a demand for tax reduction, reduction that would be felt tn the pockets of the taxpayers, but with out the aid of general or misnamed luxury sales tax, which would in crease the burdens on the poor. For a long time this part, of his pro gram appeared doomed, but with the revenue bill, with reduction and without sales tax, is enacted Wed nesday, it will have become a real ity, The average taxpayer will have! to pay 57 cents less on the $100 valuation, In many cases about half of his county tax bill. Many of the measures proposed by Governor Gardner would not have been enatced but for the economic stress fri the state, lie took advantage of that condition to force upon them what they would not have accepted under normal times—Improvement in government at a reduced cost. Prosperity would have prevented It; poverty has pre cipetated It. Better government at a reduced cost still will be the re I CONTINUED ON PACE TEN ) Attorney General In Talk On Education 75 Seniors To Getj Diplomas Tonight; i Announce Winners Four Students Winning Outstand ing Honors Made Public. Finals Tonight. Seventy-five young boys and girls will march on the stage at Central high school tonight for the last time. It is their graduation night, and a week's commencement activi ties will culminate tonight in the final colorful event of tlje year for Shelby high as diplomas and awards are passed out to the class of 1931. All other events of the com mencement season, including the declamation and recitation contests and fresh-soph-junior debates to day. are now a part of history. Yes terday the senior class helds its class day exercises In a very mod ern way, broadcasting from the 55th floor of the Hotel Charles building in 1950. Awards Given, The two major prize-winners— the best all-arouncf boy arid all around girl—will not be known until the final program tonight, when they are called-to the stage, but Supt. B, L. Smith today announced f6ur other winners of outstanding awards. Miss Oral Lee White won the T, W. HamrlCk spelling -medal. Matilda Jcnks on Wednesday aft ernoon won the O. Max Gardner medal as the best debater on the school’s triangular debuting teams. Clifton Parker, of the seventh grade of the Washington school, won the $5 gold prize given by H. Clay Cox, of the school board, for the best mental arithmetic in the elementary grades. Miss ’Sara Thompson won the William_Lineberger scholarship medal for the best four-year rec ord in high school. Grades two to seven in the South Shelby school won the Lee B. Weathers spelling cup. The winners of the declamation and reading contests, who will re ceive the Forrest Eskridge and John R. Dover medals, and the win ner of the fresh-soph-junior debate, who will get the R. T. LeGrand medal, will be announced tonight as those contests are being held to day. It was learned later today that Mtsa Edwinu Gidney this morning won the freshman-sophomore-jun ior debate and the LeOrand medal. Boiling^Springs Debaters Will Go To Wake Forest Wake Forest. May 29.—Prospects for a banner debating season next year at Wake Forest were strength ened this week by the present and application for admission of the en tire Boiling Springs Junior college debating squad which this year won the Junior college championship of North Carolina. The team, escorted by Rev. J. L. Jenkins, their pastor, himself an alumnus of Wake Forest, consisted of Zon Robinson. Frank Hamrick, Cart trathan and Thomas XjOng. All four of these students plan to enter Wake Forest in Sep tember. Legislators Jubilant As Longest Session Ends; No SchoolTax By ’33 Gardner Predict!, No, Tax On Land For Schools When Better Times Return. Raleigh. May 29—All is quiet again on Capitol Square. Amid festivities appropriate to the occasion, theTongest continuous ses sion in the history of the state, passed into history at exactly 9;49 p. m. Wednesday night. Shortly before Lieutenant Gover nor R. T. Fountain, presiding offi cer of the senate, and Speaker of the House Willis Smith laid down their gavels simultaneously—all was turmoil. From both houses came the plain tive, ‘'God be with yon ’till we meet again,” and there was much back slapping, hand-shakipg and a hap py flow of flowery oratory. Governor O. Max Gardner and Mrs. Gardner witnessed the clos ing ceremonies. They were accorded the privileges of the floor in the senate and the governor mounted the mais in the house to say a few | informal words. i The big doors to the house and , senate chambers were flung open. Lieutenant Governor Fountain stood behind the senate dais and on a straight line across the hall on the j other side of the capitol behind the j house dais stood Speaker Smith. Representatives and senators stood in the aisles as Speaker Smith and Mr. Fountain simultaneously ad journed their respective houses and jlaid down their gavels, officially lending 141 days of legislation. I The previous record was 136 days in 1868-69. Numerous local bills were shot through the law mill. Numer ous othersHied natural deaths. Governor Gardner briefly review ed the legislation enacted by the general assembly in his talk to the house. He predicted that in 1933 the state would support the six months schools under the terms of the Mac Lean law without any ad valorem tax whatever. While the governor and lus wife sat on the house floor. O. Max Gardner, jr., their youngest son, and Willis Smith, jr., son of the speaker of the house, stood on each side of Speaker Smith to watch proceed ings Brummitt Speaker To Seniors Hon. I). G. Brummitt Say* Kduca Uon Civilize* and Build Moral Force*. Delivering the commencement ad dress before the graduating class and school patrons of the 8helby high school here Wednesday even ing. Dennis G.' Brummitt, attorney general of North Carolina, gave four purposes of education. These four purposes were not the usual points made by commencement speakers, But were strong and convincing rea sons for the education of the youth of the state. Last year. 16.386 boys and girls were graduated from high schools, showing the favor and pop ularity education has come to have, in the last decade. City Officials Present. Mr. Brummttt was introduced in glowing terms as a friend of edu cation'. a legal authority and a lead ing state citizen, by D. Z. Newton, who served In the senate while Mr Brummitt was Speaker of the house, of representatives. On the platform were the mayor, members of the city council, city school board, and Rev. L, B. Hayes, pastor of Central Methodist, church who offered the Invocation. Purposes of Education The first purpose of an education is to enable men and women to bet ter provide the necessary material things of Ufa Fifty years ago It would have been Impossible to have such school buildings as we have today, because of the lack of edu cation. It was not, so easy then to have access to the material things of life. Creosus with all his mil lions never rode In an airplane, Henry the Eighth never had access to a telephone and beautiful Cleo patra as she sailed down the Nile never was able to whister to An thony or Caesar “blow some.ot that smoke this way." Education, there fore, means that the average man is going to demand and receive more of the comforts of life, more clothes, better homes and more nutritious food and education will be respon sible for It. Education Civilises. In his second point Mr. Brummitt pointed out that education has for , Its purpose the production of more civilized people. He recalled a sur vey recently made in the state pri son where, out of 600 men, not a one had been through high school and cited that education would have kept many of these criminals from i CONTINUED ON PAGE TEN.i Kings Mountain’s New Truck Fights First Blaze There Volunteer Fire Department Organ ized And Drills Regularly Under Instructor. (Special To The Star.) Kings, Mtn., May 29.—The local fire department was called out Thursday morning at 2 o’clock to extinguish a blase in the rear of the McGinnis building . on Mountain street. The new American LaFranca fire truck was put into active ser vice for the first time. The fire was stopped before the damage was very great. The basement was occupied by the W. H. McGinnis Tin shop. It was not known how the fire start ed. . Fire Department Organised. Since the new fire truck has bean delivered to the town of Kings Mountain, a volunteer fire depart ment has been organized, with Grady W. King as fire chief and Jinks W. Clary assistant. Other members of the new organization are: Otis Falls, M. C. Wingate, Chas. G. Dilling, H. E. Grant and Tom Fulton, Falmer Fulton Is driver of the truck. The company has had two drills daily this week with Engineer Eaves of the American LaFrance Fire Truck company as instructor. Ths town now has one of the most mod ern equipments and a company of firemen capable of putting out any fire that might break out. Champion Opens New Oil Company Here Champion Oil company is the name of a new concern which open ed this week on West. Warren street, in the building recently vacated by Beam Motor company. Mr. Clyde Champion is manager. The com pany will deal in motor oils, wash ing, greasing care and mechanical repairing. Beam Motor company has returned to Cherrvvtlle.