The Greensboro patriot [August 25, 1921]

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PUBLISHED EVERY MONDAY AND THURSDAY.
ESTABLCS^ 1821.
SST!
GREENSBORO, N. C. THURSDAY, AUGUST 25. 1921.
SIX DIVORCES GRANTED ON
FIRST DM OF COURT HEBE
SlMBER OF OTHER CASES DIS-POSED
OF IX GUILFOBJD SU-PERIOR
COURT.
Six suits for absolute divorce
proved successful Monday In Gull-tord
Superior court, which was con-vened
Monday morning for'a--one-week
term for the disposition • of
civil actions, with Judge James L.
Webb, of Shelby, presiding.
The cases in which absolute di-voces
were granted were as follows:
Jennie Leazer vs. Chloe Leaser,
Bernice Reams vs. Lawrence Reams,
Maggie Messer vs. Bruce Messer, A.
L. Wright vs. Dora Wright, Ethel
fchutgai vs. Von O. Shutgart, and
Edward 'tatliff vs. Lute Ratlin".
All the i.tigants are white people.
In h s su't against J. H. Fergu-son,
H. W. Wright was awarded
$95 by the jury. The proceedings
had been started in magistrate's
court for ejection and rent due Mr.
Wright. The defendant vacated
the property before the case came
to trial before the magistrate, it
was stated, so the only question left
lor the jury to determine in Super-ior
court was the amount "of rent
due the plaintiff.
Estelle C. Pretlow and Rcbert
Cunningham, who entered proceed-ings
against Clerk of Court Mason
W. Gant, established their Identity
to the satisfaction of the jury and
received $124. Some time ago a
small sum had been paid into the
clerk's office for the heirs of the
late James Riankin. Controversy as
to the heirs arose, but the matter
was determined in Superior court
Monday.
Damages in the sum of $682.90
were awarded by the jury to the R.
K. 'Motor Company, of Greensboro,
:.::cl $210.90 .to the Braender Tire
End Rubber Company, of New Jer-sey.
This litigation concerned a
contract for rubber tires.
Yesterday V .C. Sergeant was suc-cessful
in his. suit ageiaat.. Cera
Cooper, the jury returning a vefdici
awarding him rent money in the
Mini of $55.
In the case of the Guernsey-
Wessbrook Company against the
Guilford Lumber Company, involv-ing
an alleged breach of contract,
the plaintiff was awarded $100 dam-ages.
J. A. Smith was awarded*! '$150
damages in his suit against Walker
D. Hines. director general of rail-roads.
The plaintiff alleged that a
shipment of cattle was injured while
in the hands of the railroads.
VOL.100. NO., €8
IS HELD UNCONSTITUTIONAL
JUDGE BOYD -PERMANENTLY RE-STRAINS
MR. BAILEY FROM
• COLLECTING PENALTY.
J- W. Bailey, collector of internal
revenue, is permanently restrained
from collecting an assessment levied
against the Vivian mills, of Oherry-ville,
for alleged violation of the
child labor law, under a decision
reached here Monday by Judge
James E. Boyd in Federal court.
In Ms decision Judge Boyd holds
that the act of Congress providing
for the imposition of a levy of ten
per cent upon the net profits of a
company or firm employing child la-bor
in the manufacture of tts pro-ducts
it unconstitutional. In pass-ing
that act, according to the jurist.
Congress tried to "exercise powers
which are not delegated to the
United States by the constitution
but are reserved to the states re-spectively."
The section ^declared unconstitu-tional
Is a substitute for that part of
the original Owen-Keating federal
act which prohibited goods . manu-factured
by child labor from inter-
State shipment. Before the substi-tute
was effected Judge Boyd, about
two years ago in the case of John-son
vs. Atherton mills, declared the
Owen-Keating act unconstitutional.
That decision was upheld by the
United States Supreme court.
About six weeks ago a temporary
restraining order was issued in the
Vivian mills case by Judge Boyd.
who on Monday made the restrain-ing
order permanent. It is expect-ed
that officials of the federal reve-nue
service will appeal from Judge
Boyd's decision and that the litiga-tion
will be carried up to the United
States Supreme court for final set-tlement.
HTATE AND COUNTY MAY
UNITE IN HEALTH WORK.
MRS. MARY J. WHARTON
DIES IX HOSPITAL HERE.
Mrs. Mary J. Wharton. aged 81, ,
died in a local hospital at 10.30 yes- j
terday morning after an extended
illness. She was the widow of the j
late Jesse R. Wharton. who served
for Some years as Guilfordi county ;
superintendent of public instruction j
and who was one of the leading cit-izens
of the county. Mrs. Wharton, !
who was a lady of fine character
and accomplishments. :iad many de-voted
friends to whom the news of
ber passing brings sorrow.
Surviving Mrs. Wharton are three j
sons, R. H. Wharton, of this city, |
*no is Guilford county register of i
deertis; H. W. Wharton. of Greens-boro,
and Rev. T. A. Wharton, of
Sherman, Texas. Until a few years
aao Mrs. Wharton ha* lived in
Greensboro, but more recently she
bad resided near McLeansville.
The funeral services were coh-oncted
at 11 o'clock this morning
1,1 the Church by the Side of the
Road by the raster, Rev. Wade C.
: with, and interment followed in
<;r»°ne Hill cemetery. The pall-
Arcordlng to seemingly well au-thenticated
reports, the county com-missioners
at their next meeting in
September will consider the sug-gestion
that affiliation be effected
between the Guilford county health
department and the state board of
health.
Under the proposed plan material
financial assistance would be ex-tended
to the county health agen-cies
by the state health department,
it is pointed out. Many other coun>
ties find such a plan very satisfac-tory.
It is generally agreed that
highly efficient work is being pe.1
formed along health lines in Guil-ford
under the supervision of Dr.
W. M. Jones, county health officer,
who is assisted by Mrs. Dorothy
Hayden, Red Cross and . county
health nurse. However, substantial
expansion of the county's facilities
for health work would be made pos-sible
if the county and state should
join hands in the undertaking, ac-cording
to some observers. Even
greater progress in the prevention
and eradication of diseases could
then be made.Nt is suggested.
TKn™* L4B°R ACT F0RTBER L,IIfiATI0H °™ mm MmAS HEAD lT0BACCfl MMtMT ■*
COLONEL T. H. VANDERFORD
PLACED ON RETIRED LIST.
bearers were A. M. Scales, J. M.
Hendrts, A. W. McAlister. H. E.
Walker, John Thacker and R. G.
Vaughn.-. •
Col. T. H. Vanderford, of Salis-bury,
internal revenue agent for the
Greensboro division, has been placed ;
upon the retired list with pay, hav- I
ing reached the age of 70, it is an- j
nounced. For many years Colonel
Vanderford was chief of the Greens-boro
division, embracing the state
of 'North Carolina. More recently]
he was director of the federal pro- j
hibi-tion forces in this state, with
headquarters in Salisbury. On July
26 R. A. Kohloss, of Salisbury, suc-ceeded
the colonel in thta capacity.
Colonel Vanderford is generally
recognized as one of the most effi-cient
and popular men who ever
served in the internal revenue de-partment
of the government.
FISHER PROPERTY IN CITY
JUDGE WEBB ISSUES ORDER
RESTRAINING FISHERS FROM
SELLING PART OF LANDS.
Another chapter in the long and
somewhat perplexing history of the
North Elm street realty located be-tween
East Market and Church
streets and known as the Fish-er
property was written Monday
when Judge James L. Webb, of
Shelby, presiding over Guilford Su-perior
court, issued, an order re-straining
R. G. Vaughn, trustee,
and Isabelle Fisher, William R. G.
Fisher, Olivia Maud Fisher, Milli-ce
»t Rosa Fisher and their attor-neys
or agents from selling that
property, which had been sold in
part to W. D. Meyer. Under that
order the above named persons are
directed to appear be.ore Judge
Wehb on September 5 to show cause
why the order of restraint and in-junction
should not be continued to
the hearing.
The temporary injunction was
granted after W. D. Meyer submit-ted
an affidavit in which it is claim-eld
that the title to the property in
question is not clear, and that R. G.
Vaughn and the Fisher family did
not possess the right to sell it to
J. F. Trompson, John E. Sbckwell,
George .s>. Stansbury ,and J. E.
Faulkner, who in turn sold part of
it to Mr. Meyer.
It is alleged in the affidavit sub-mitted'
by Mr. Meyer that in June.
1919, the Fisher family represented
to J. F. Thompson and associates
that they had clear title to the prop-erty
on North Elm street, the buy-er*
paying part cash and part on a
time basis. In August, 1919, Mr.
Thompson and his associates con-tracted
to sell part of the property
to W. D. Meyer for $21,080, of
which $8,380 was paid in cash and
the remainder. $ 1 2,70 0.was covered
by notes secured by a deed of trust.
Subsequently, according to the
affidavit, Mr. Thompson and his as-sociates
contracted to sell another
part of the property to L.-M.
Humphrey, but the latter was advis-ed
that the title was not clear and
he declined to carry out his contract
of purchase. Suit was then brought
by Mr. Thompson and his associates
against L. 'M. Humphey, and finally
in the North Carolina Supreme courj
it was determined that the .Fisher
family di'.l not have clear title to
the lands. Mr. Meyer then instituted
civil action against Mr. Thompson
and his associates, alleging that
the title to the property is not
clear, and he sought to have his
cash payment refunded to him.
That case is now pending. It is al-leged
that Mr. Vaughn, acting as
trustee, advertised a sale of the
property for which Mr. iMeyer had
contracted. In applying for the in-junction
iMr. Meyer is endeavoring
to prevent the public sale.
TEMPORARY RECEIVER
FOR LOCAL COMPANY.
Addition to Y. M. C. A. Force.
Ray J. Tysor, of Asheboro. has
seen employed by the Greensboro
^oung Men's Christian Association
u> assist Secretary Harry G. Shop
ln the Physical culture department.
•,r- Tysor is a graduate of Trinity
College, Durham, and. during his
senior year at Trinity served as as-sistant
physioal director of the
"nrham v. M. a A. He will be-g!
D his work here on September 1.
Rotarians Are Entertained.
At "Kelwood," his hunting lodge,
seven miles southeast of the- city,
Joseph J. Stone on Tuesday night
entertained the members of the
Greensboro Rotary club. Bruns-wick
stew, cider, ginger cakes and
other delectable commodities were
served, picnic style. The guests
presented a Agring rod to tMr. Stone.
A number ©rshort talks- were .made.
Judge James L. Webb, of Shelby,
presiding over Guilford Superior
court, on Monday appointed T. R.
Wall, of this city, temporary receiv-er
for Bagley and Alderman, Inc., a
multigraphipg and printing com-pany
located on South Elm street.
Decision to place the business in the
bands of a temporary receivership !
followed the filing of a complaint by I
R. B. Falls, who states that he owns |
one-third of the capital stock of the
company.
Mr. Falls alleges that the com-pany
has become insolvent, that it!
cannot meet its obligations and j
continue business. The receiver |
has authority to "continue the bu3- j
iness and report his proceedings to ;
this court." It also was "ordered
that notice be issued to the defend- j
ant to appear before the judge . of I
this court at the court house Satur-day,
August 27, at 9.30 A. M. and
show cause, if any he can, why this .
receivership shall not be made per-manent."
OF TAR HEEL REPUBLICANS
C. A. REYNOLDS REPORTED TO
BE SLATED AS NEW STATE
CHAIRMAN.
Frank A. Linney, of Boone, whose
appointment as United States dis-trict
attorney for the western dis-trict
of North Carolina finally was
confirmed recently, has resigned as
chairman of the Republican state
executive committee. The resigna-tion
was contained in a letter "Which
Secretary Gllliam Grissom, of the
state executive committee, received
here Tuesday. f
It is expected that a successor to
Mr. Linney will be chosen at the
next meeting of the state executive
committee, which will probably be
held in Greensboro some time In
September. In accordance with
the traditional custom of North Car-olina
Republicans, Mr. Linney's suc-cessor
already has been virtually
chosen if seemingly credible reporfs
are to be believed.
The one name appearing upon the
"slate" for the chairmanship, ac-cording
to current reports. Is that
of C. A. Reynolds, of Winston-Sa-lem,
former lieutenant governor.
At the meeting of the committee
the formality of declaring Mr. Rey-nolds
the party's choice for the post
of state chairman will be duly stag-ed,
it is expected.
Former Senator Marion Butler,
of. Elliott, might have another can-didate
for the state chairmanship.
But it appears that the Morehead
machine is determined' to elevate
Mr. Reynolds to that place, so the
matter is generally regarded as set-tled
in advance.
Mr. Linney has served continu-ously
as state chairman since 1914.
During that period he was once a
candidate for governor—in 1916
when T. W. Bickett defeated him.
The letter of resignation is an
extremely lengthy one, embodying
numerous assertions as to the al-
•i»Red accomplishments of the Re-publicans
and attacks upon the
present system of state government.
He alleges that he "made no com-promise
or surrender" before the
senate committee which held up his
nomination as district attorney for
a number of weeks.
Mr. Linney expects to take up his
residence in Charlotte. He has ap-pointed
Thomas J. Harkins, of Ashe-ville,
and Charles A. Jonas, of Lin-colnton,
assistant district attorneys.
WEST MARKET STREET IS
SEEKING AIDE TO PASTOR.
\
Within the next few weeks inves-tigations
will be made by a special
committee from West Market Street
Methodist church with a view to
procurement of an assistant to the
pastor. Rev. J. H. Barnhardt, D. D.,
under the provisions of a motion
adopted at a meeting of the board
of stewards (Monday night. Whether
the assistant should be a preacher
or a layman proved an absorbing
question at the board meeting,
those favoring a layman finally
proving to have a majority of two
votes.
However, the motion as adopted
was amended so as to provide for
the inclusion of Dr. Barnhardt and
Rev. A. W. Plyler, the presiding
elder, on the committee, and their
views will be obtained before defi-nite
recommendations are submit-ted
to the board by the committee
It is generally understood that the
question as to whether the place
will be filled by a lay worker or a
minister remains undetermined.
Definite action will be taken not
later than the next annual Western
North Carolina Methodist Confer-ence,
which will be held in High
Point in October, it is expected. It
was unanimously agreed that as a
result of the great increase in the
growth of the church the pastor
should have an assistant.
OPEN SEPTEMBER 20TB
DIRECTORS EXPECT SATISFAC-TORY
SEASON AT? TWO NEW
WAREHOUSES HERE.
The Greensboro tobacco market
will, open on September 20, it was
announced at a meeting" of market
officials Tuesday morning in the of-fices
of the Chamber of Commerce.
On that day a number of other mar-kets
in the central portion of the
state, including Winston-Salem, Me-bane
and Durham, will begin oper-ations.
At the meeting Tuesday the ex-ecutive
committee of the board of
directors or the Greensboro tobacco
market expressed satisfaction with
the progress being made in the con-struction
of two new tobacco ware-houses
here. They confidently ex-pect
that the work on these modern
brick structures will be completed
not later than September 15.
Details concerning the manage-ment
of the two warehouses have
not yet been settled; in fact, the di-rectors
are now in quest of capable
managers. The directors will lease
the houses to the managers, who
will have sole charge of operation,
it is stated.
Numerous improvements were
discussed at the committee meeting.
The space in front of the two ware-houses,
which are located about a
block; .west of North Greene street,
near Bellemeade, will .be hard-sur-faced
and kept open for parking,
the directors announce. The direc-tors
have agreed to have that work
done by the county; the land will
be deeded to the county with the
understanding that it always will be
kept open. Tentative plans are jje-ing
developed with a view to the ex-tension
of Library place northward
so as to provide additional access to
the warehouses.
Directors express the conviction
that the coming season will prove a
most satisfactory one.
TO TRY B. D. OAKES IN
GRAHAM IN NOVEMBER.
In accordance with a decision
reached at Graham on Monday by
Judge Frank Daniels and Solicitor
S. IM. Gattis, B. D. Oakes, former
Greensboro patrolman, will be tried
at the November term of Alamance,
Superior court In Graham for the
murder of Tommie Robertson.
Judge Daniels will preside at that
term of court, which will begin on
November 28.
Tommie Robertson was killed
near Reidsville on May 4 while be-ing
pursued by a car driven by Clyde
Cobb, of Greensboro, in which Mr.
Oakes was a passenger. Robertson
was one of three men in an automo-bile
from which the shot which re-sulted
in the killing of Patrolman
W. T. McCuiston, of the Greensboro
force, was fired. The local officers
were planning to search the car on
East .Washington street, having been
Informed that it contained liquor.
Carl Talley. one of the three men In
the car which was under suspicion,
effected bis escape, but Lewis Ed-wards,
the other member of the
trio, was captured subsequently ant1
is being held in the Guilford jail
pending his trial at the October
term of Guilford Superior court up-on
the charge of murdering Patrol-man
McCuiston. A true bill of mur-der
in the second degree has been
returned-against Mr. Oakes by the
Rockingham county grand jury.
ONE NEGRO BEING HELD
FOR SHOOTING ANOTHER.
Stokesdale Men Held.
Probable cause was found yester-day
by Judge D. H. Collins in the
c»se against Dennip Ise'.ey and
George Iseley. of Stotkesdnle,
charged with manufacturing whis-key.
Bond wag fixed at $500 each,
and the men will be -tr'ed at the Oc-tober
terra of Cut'.fo.d Superior
court.
Hazelwood Child Dies.
Betty Kate Hazelwood, six months
old daughter of Mr. and Mrs. J. R.
Harelwood, of Summerfleld, died
Monday at the home of her parents.
The funeral was he'd at 2 o'clock
Tuesday aftenrotn at the Summer-field
Methodist church. Rev. A. C.
C mady o*Rci*titlg, and the remains
we.-e lutef-Vel in the ciurch ceme-tery,
fe-
Sam Wallington. a negro, is be-ing
held in the city Jail, charged
wfth shooting another negro, Thom-as
Henry Campbell, at thecorner of
Market and DOivie streets Monday
night. .Campbert is a patient at the
Wesley Long hospital, where his in-juries
are reported to be serious.
One of tjie five -bullets which struck
hfan penetrated the lungs and phy-sicians
fear that pneumonia will
develop. The negro woman about
whom the two had their encounter
has not been" located.
L. D. MENDENHALL HEADS
JUNIOR ORDER IN STATE
'WILMINGTON CHOSEN AS PLACE
OF NEXT ANNUAL MEETING
—CONVENTION CLOSES.
Following the installation of new
officers and selection of Wilmington
as the place of the next annual
meeting, the 31st annual conven-tion
of the state council, Junior Or-der
United American Meehaniis,
came to a close this morning in the
county court house. L. D. Menden-hall,
of Greensboro, was elected
state councilor, succeeding D. W.
Cobb, of Goldaboro, who served as
head of the order in North Caro-lina
during the past year.
Other officers for the ensuing year
were elected as follows: Frank R.
McNinch. Charlotte, vice councilor;
Gurney P. Hood, Elizabeth City,
treasurer; A. A. Apple, Burlington,
conductor; J. C. White, High Point,
warden; W. H. Speas, inside senti-nel;
J. J. Nelson, Morganton, out-side
sentinel; Rev. C. A. G. Thomas,
Mt. Holly, chaplain. The officers
were installed this morning, while,
the next annual meeting place was-selected
last night. Retiring Coun-cilor
Cobb was presented! with an
emblem of his office as junior past
councilor and with a handsome sil-ver
set as a token of appreciation
of his services.
The first session was held Tues-day
afternoon. When State Coun-cilor
Cobb called the meeting to or-der
there were more than 500
Juniors in attendance. City Attor-ney
Charles A. Hines welcomed the
visitors to Greensboro, figuratively
turning the keys of the municipality
over to them. On behalf o! the
Greensboro Juniors an address of
welcome was delivered to the visit-ing
delegates by. H. L. Kooctz.
Prank R. McNinch, former mayor of
Charlotte, responded happily to the
welcoming addresses, and he was
followed by Dr. Charles E. Brewer,
president of Meredith College, Ral-eigh,
who delivered a -n*ost interest-ing
address. Vocal selections by a
local . quartet, composed of E. R.
Brewer, Ernest Boyles, C. E. Sloan
and Walter Summers, constituted
an enjoyable feature of the Tuesday
afternoon session.
Thirteen new councils hava been
formed in North Carolina since the
last state meeting, Sam F. Vance,
of Winston-Salem, reported Tues-day
afternoon. They were establish-ed
at Mocksville, Spindale, Maiden,
Rosemary, New Hill, Kings Moun-tain,
Marion, Oakboro. Clinton,
Leeaburg, Forest City, Henderson
and Eutola.
The finances of the order In this
state are in most healthy condition,
the report of the secretary showed.
Cash touting $204,028.29 is in the
hands of treasurers or trustees of
local- councils. Mr. Vance reported,
and the total assets of the organi-zation
in this state are in excess of
half a million dollars. Other fig-ures
for the years were reported .s
follows: Paid out In sick benefits,
$51,042.70; paid out in death
claims, $161,323.35; funeral assess-ments,
$313,673.26.
Yesterday afternocn the visitors
were guests of Greensboro Courcil
No. 13 at a watermelon feast at
Guiirqrd Battle Ground. Hundreds
made the trip to and from that his-toric
spot by automobile truck. In-cidentally,
Greensboro Council No.
13, which has been entertaining the
Juniors of the state, has more than
S00 members and: has attained *
most enviable reputation among the
councils of North Carolina.
Invitations for the next state
council were extended by Wilson,
Winston-Salem and Charlotte as
well as Wilmington, the successful
bidder.
In accordance with a revolution
presented by Frank R. McNinch it
Was unanimously decided to invest
the state councilor with authority
to appoint a-press representative
for a period of one year.
Visitls* in Missouri.
Mrs. Mary Hobbs. of the Ala-mance
church secMon, and son. E.
D. Hobbs. of Q-eeasboro. left this
morning for Monroe City. Mo.,
whe-e they will visit, the former's
daughter and Mr. Hobbs' sister,
Hx%'. Christopher Field. «
Bank Force on Ootinr.
Tuesday afternoon employes of
the American Exchange National
Bank, of this city, enjoyed a picnic
at Trailer's mill. Brunswick stew,
prepared by a brunswipk stew a»
pert, Frank Shsnr, was the chief
item on' the picnic dinner. Short
Ulks w«r« made by R. 8. Vaushn.
president of the bask, and others.
\
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