The Cullman Banner from Cullman, Alabama • Page 1

In the Heart of Alabama's Richest Agricultural District THE CUL YOUR NEWSPAPER BANNER We Believe In Cullman County Volume 1--No. 45 CULLMAN, ALABAMA, FRIDAY, MAY 20, 1938 5c Per Copy SCOTTSBORO CASE UP BEFORE HIGH COURT Expensive Case Arises Once More After Eight Years of Tiresome Strife GRAVES LIKELY TO COMMUTE SENTENCE OF NEGRO DOOMED TO EXECUTION Cullman To Connect On New Water Works System Thursday New Agriculture Commissioner Entering its eighth year 'of bitter snd expensive litigation, the Scottsboro Case was before the Alabama Supreme Court for the fourth time this week with prospects that it will again be carried to the United States Supreme Court and may be remanded back to Decatur for another trial. Alabamians, weary and disgusted after years of the sordid affair, were assured last year that the case was to be finally settled. Four of the eight Negro defendants were freed of the old rape charges, and it was -understood that an agreemen had been reached regarding the other four. Apparently, however, the com promise efforts have not been successful, for the International Labor Defense was to send O.

K. Fraenke of New York, to Montgomery to defend the four Negroes again this inr Gelt. When Samuel Liebowitz, chie: of the defense council, left Decatur last Fall with the four freed Ne groes he was reported as saying that he was through with the case In New York, however, after the Negroes had appeared on the stage to tell of their experiences in Alabama, it was reported that the ILD had "just begun to fight" and would not quit as long as a single one of tne Negroes remained in an Alabama jail It was believed that the Alabama Court may sustain the sentences already meted out to the four older Negroes, but under terms of an agreement said to have been made between Liebowitz and the attorney-general's office, Gov. Graves is expected to commute the death sentence of Clarence Norris to life imprisonment. Norris is tne only one of the Negroes facing a death penalty.

Andy Wright is under a sentence of 99 years and Charlie Weems has been sentenced to 75 years. Heywood Patterson, a fourth defendant, is under a 75-year sentence which has already been affirmed by the U. S. Supreme Court. Ozie Poweii, the fifth Negro, is serving a 20-year sentence for slashing a sheriffs deputy, and this sentence is not being contested.

ONLY ONE STATE RACE TO BE DECIDED IN RUN-OFF Two runners-up in the May 3 primary this week had followed the example of Rep. Chauncey Sparks and conceded Democratic nominations for the offices of Commissioner of Agriculture and Industries and Secretary of State. Haygood Paterson, sheriff of Montgomery County, became the nominee for agriculture commissioner when J. T. High, ousted fam agent director, withdrew from the nin-off.

Withdrawal of Dave Binnirgham gave the secretary of state nomination to John Brandon. In a statement High said: "On May the people of Alabama spoke in the Democratic primary and in so doing gave Mr. Haygood Paterson a decided lead over me as runner-up for state commissioner of agriculture and industries. "To continue the race would bring about further confusion among the people of Alabama, especially among our farm people. therefore, withdraw and pledge my support in a program of service 1o the farm people and in a program which will bring together the leadership of agriculture and industry on points of interest to bom these 1 extend my congratulations to Mr.

Paterson and his friends. I am deeply gratful to my many loyal friends over the stale for all their effort: in my behalf. There was never a more faithful and loyal group of friends. 1 shall never forget The only race to be contested will be that for Position No. 2 on the Alabama Public Service Commission.

The incumbent Clint Harrison, received 106,351 votes; Arthur Heustess receiver 81-938; while Ihe third man, W. C. Givhan received 57,056. has announced that he will continue to run against Harrison, and Givhan is reputed to be supporting him. However, Givhan has publicly denied thai be is supporting either of the candidates.

WOMEN SEIZE UMELIGHT IN LAW ENFORCEMENT Alaoama now has a woman sheriff--the first and only one of her Haygcod Paterson, Sheriff of Montgomery County, became the Democratic nominee for Commissioner of Agriculture and Industries this week when J. T. High his oppontent in the runoff conceded. Cullman's new $200,000 water works system will formally be put into effect Thursday, May 27th, it was announced today after a conference between George Stiefel- meyer, chairman of the Water Works Board, and the engineers in charge of construction. Congratulations are in order for the efficient manner in which the entire construction has been carried on both by R.

J. Reid Construction Company of Birmingham, who was awarded the contract for laying the pipe and installing pumps; Chicago Bridge Company for their building of the Reservoir in the City Limits; and to P. S. Duckworth for his part in construction of the caretaker's home on the Mulberry River. According to Mr.

Stiefelmeyer, the pipes will be tried out on Tuesday, and two days will be required to "tune up" the motors, and to clean the pipes of all mud and silt. The telephone line which is to connect the City Plant with the Caretaker's house has as yet not been completed, but will be all set for the opening next Thursday. Under the terms of the contract, Reid Construction Company were allowed 180 working days in which to complete the entire project, and it has been less than five months since the contract was signed. When the plan was first introduced several years ago to pipe water into Cullman from the Mulberry River, it was laughed at by many--but constant effort and community interest brought the plan before the public, brought out the bond issue, of which almost the entire $200,000 was subscribed in Cullman, signed the contract with R. J.

Reid Construction Company, and brought the project up to date. OBSTACLE TO INDUSTRY REMOVED The water problem in Cullman has long been one which has caused industries of all descriptions to stop any consideration of the city for location. Even large circuses have omitted Cullman because at certain times of the year the wa- ter system did not afford enough water to accommodate the elephants. But with the coming of the new system, all such obstacles to industry will be removed, and an adequate supply of water will be on hand for almost any kind of small industry which the location and materials would justify. With as many raw materials, fruits and vegetables as the section produces, it has long been a dream of many citizens for a canning industry to operate in Cullman.

Others have pointed to the fact that the butter fat produced would justify the founding of a cheese industry--while still others are anxious for cotton mills to operate here. The new water system will make all these dreams possible as far as the water problem is concerned. Ceremonies To Be Performed Although no definite plans have been made for the formal connection of the city system to the new system, it was understood that the time and place would be announced early in the week. Justice Black Makes News; Charged With Marked Inefficiency HUGHES SAYS "CONSPICUOUSLY INEPT" JUDGES GUM UP COURT MACHINERY Under Fire Concedes to Paterson J. T.

High, candidate for Commissioner of Agriculture and Industries, who won a place in the in the May 3 primary and this week announced that he conceded victory to Mr. Paterson. wind that the state has ever had. She is Mrs. W.

C. Austin, of iVctumpka. who on May 3 was nominated for sheriff of Elmore County, husband She will when his succeed her term expires next January. Mrs. Austin received a total of 250 votes, a clear majority over hree male opponents.

Four years ago her husband received only 2825. Mr. and Mrs. Austin were reared an Elmore Oun1y and lave prided themselves on being "partners" every business ven- they have tried. They sold automobiles, traded mules and ran a mercantile business before they went into politics.

This year with the amendment allow sheriffs to succeed themselves up for vote, Mr. Austin had he choice of running for re-elec- with the hope that the amendment would carry, or of backing iis wife He to back "Mother" Mrs. Austin makes no boasts of being a gun-tolin" deputy herself. But she has a firm hand, and EJmore voters arc certain that Ihe will be firmly enforced for four years. Mrs.

M. V. Smith, wrfe of the Counly sheriff, also made Two Stinsons Of Cuiiman Honored By Railroad A. F. Stinson, retiring agent, and his son W.

A. Stinson, cashier of the LN office at Cullman were honored recently by the railroad in Birmingham, when the father received a diamond pin button for 50 years of service, and the son received a 25 year button. The presentations were made by Supt. G. C.

Wendling, and Assistant Supt. J. E. Brownlie of the LN System. According to the LN Magazine, "Agent Stinson entered LN service at Bangor, Alabama as extra operator on April 1, 1888.

His first regular job was as operator at New Decatur, Ala. The next year (1905) he was made agent at Cullman and has since so served giving him a record of over 33 years as agent at that one station. Besides W. Mr. Stinson has two other sons, R.

F. and Allen, both of whom are con- nppted with the railroads, in one way or another. R. F. Stinson is chief clerk in the Southeastern Demurrage Bureau in Birmingham and Allen Stinson is a clerk for the Birmingham Southern Railroad.

A. Stinson, cashier, Cullman. first became connected with the Old Reliable as clerk in the agency at that point on September 1. 1912. Two months later he was appointed cashier and has since so served, with the exception of his World War service in the Navy, for which duty be volunteered, remaining with the sea-going forces until several months after the Armistice was signed." Banner Installs Very Finest In lob Printing Equipment Alabama Weekly Newspapers publishers of The Banner installed the most modern Chandler and Price Job Press in the Cullman plant The press feeds itself automatically, and proved to be quite a fascinating attraction to friends who visited the plant this week.

The press is the finest of its kind and is built to turn out the best in job work at a high rate of speed, and is Ihe most modern of its kind an Alabama. Automatic printing is something new for Cullman and North Alabama, and members of the Banner office or plant staff will be glad for the Banner's friends drop by for an inspection. news this week. When she went to the jail to carry supper to the Negroes, she found lhat two of the Negro prisoners had gollon out of their cells and were attempting to escape One of the Negroes seized the keys from her while the other attacked Ihe jail janitor. Mrs.

Smith grappled with the Negro, although he threatened her wilh an ice pick. While she wrestled with him. she screamed for help and -nanaged to hold him until a dt-puiy came to their aid. 'Old Timers' Provide Unique Program for Local Kiwanis Club Tuesday night was ''old timer's night" at the Cullman Kiwanis Club meeting, and members heard striking accounts of the highlights of the devlopment of Cullman. Kiwanian H.

Clay Smith was in charge of the program which included reminiscenses by Al Richter, Phil Hartung, Finis E. St. John, and Miss Dora Gray, Secretary to Mr. Smith. Mr.

Richter a colorful history of the City of Cullman, from the time he arrived here years ago when there were six feet of snow on the ground, until the present time. Most Kiwanians were aware that Al knew about as much about the history of Cullman as anyone else, but they were surprised at his gift of presenting it. Mr. St. John was at his best telling humorous stories in the inimitable manner for which he is popular throughout the stale, as he related history from the lagal point of view.

Kiwianian Hartung added his stories regarding old days when Cullman could not be recognized by her modern citizens. Miss Gray presented one of the unique points of the program by reading the first report on record of a Cullman County Commissioner's meeting, which included one phrase which authorized one man to go to Montgomery and try to get some record books free, provided he could get a pass on the railroad. Other old timers, M. L. Robertson and Asa Fuller added their stories, until at the end every Kiwianian had been thoroughly entertained with stories concerning Cullman.

Former Citizen of Cullman County Killed In Ohio Linton Young, 38, son of Mr. and Mrs. R. I. Young, formerly of Addison.

was shot and killed aerly this week on the street of Cincinnati, Ohio. of at Miss He was the Lollie Young, the Cullman City G-Men Strike In Cullman; Unearth. Illegal Use of Dope Seeming to come from nowhere, and striking suddenly, officers from the Federal Bureau of Investigation appared in Cullman early this week, made an arrest, and gave indication that a thorough investigation of the use and selling of narcotics was being carried on in the vicinity. V. E.

Owens was arrested Tuesday for violation of Ihe narcotic law, and incarcerated an the Birmingham City jail, pending bond, which was completed and approved Thursday by the Circuit Clerk. It was understood lhat the indictment against Owens was six months old, and that an investigation regarding him had been carried on for several months. Opinions differed as to the exact story of the arrest, but it seems that a government man, whose name was not revealed, had come to Cullman incognito several months ago, become acquainted wilh the suspect, and finally discovered the necessary evidence for conviction. Whether or not there were any more arrests anticipated was not revealed. brother teacher School.

Mr. Young was shot by a barber, named Tankersley, as he stepped from a Cincinnati cafe. Tankersley is now incarcerated in the Cincinnati jail awaiting trial for first degree murder. The shooting arose as a result of a quarrel between Young and Tankersley over a pay check which Young had lost while being shaved in Tankersley's barber shop, it was reported. Mr.

Young's parents now reside in Annislon. and funeral services and interment were held at Wadley, Ala. He was employed by the Railway Express Company, in Cincinnati, where he had worked for the past nine years. Surviving Mr. Young arc his parents; three brothers, Roberson, Frank, and Roy; three sisters.

Mrs. Hanscll Allison (Nonie Youn) of Baton Rouge, Mrs. Garland Hall, (Cora) of Arilon, and Miss Young of Cullman. All of the sisters have taught in Cullman County. Mr.

and Mrs. Val Woods, Mrs. W. Jones and children, Wyall and Mary Ruth, attended the eral. HUGO L.

BLACK State Convention Of Knights Of Columbus To Meet At Cullman The State Convention of the Alabama Knights of Columbus will meet at Cullman on June 5th, it was announced today by Charles W. Richards, Grand Knight of Cullman Chapter No. 1484. Members of the Catholic organization will come from all over the state for the annual affair which usually attracts hundreds of representatives. Cullman Girl Makes Beauty Section In Alabama's Corolla Miss Opal Lee, daughter of Mr.

and Mrs. Herman Lee of Cullman, was honored this week when publication of the 'University of Alabama's year book, the found her picture appearing in the favored beauty section. Miss Lee has been an outstanding student at the University during her tune there--die graduates at the end of the present term. Miss Esther Meyer Returns Home Before Receiving Diploma Mass Eslchcr Meyer, daughter of Rev. and Mrs.

Henry Meyer has interrupted her nurscs's training course come home for several month's rest. She will receive her diploma as a graduate nurse on next June Jst, at the Luth'ran Hospital of St. Louis, Mo. Special W. P.

A. Worker Spends Week In Cullman Muss Louise Blow of Parish, Alabama, special state worker for the Works Progress Administration, left early this week for Florence, later spending a week jng at Ihe Cullman office of W. P. A. Former Cullman Boy Arrested On Robbery Charge Robert Laminack, formerly of Cullman, was apprehended this week in Gadsden after he and a companion had robbed a bank in Georgia.

Laminack was out on parole after having been sentenced by a Cullman Court, to five to seven years in Alabama State Prisions for manslaughter. He was transferred from Gadsden to Birmingham, and hence to the prision in Atlanta awaiting trial. Mrs. G. C.

Burrow Dies Ai Her Home Mrs. G. C. Burrow of Cullman, Route 1. died Monday May 16th at her home.

Funeral services were conducted Wednesday by Rev. Luther Hudson at Livingston Chapel, at 2:00 o'clock. Pall Bearers were Forrest Yearwood, A. A. Griffith, H.

H. Kinney, Phillip Hartung, O. T. Kinney and Ben Hoeing. Fisher and Son were in charge.

Finis E. St John Answers James' Advertisement Finis E. St John, candidate for the State Senate from the Third District, composed of Cullman, Winston, and Blount counties formally answered Khc advertisement run by W. E. James, his opponent in the run-off.

Mr. SI John's answer may be found on page four of this issue. SUNDAY SCHOOL LESSON Beginning this week, readers ol The Banner are offered a new feature the week's Sunday School Lesson--a discussion by Harry Detiman, business manager of the First Methodist Church of Birmingham, and prominent church a throughout Alabama. Mr. Denman's discussion may be found 07 Page Three of this issue.

BY WILLIAM B. HUIE When Hugo LaFayette Black was a "damage suit" lawyer in Birmingham, there was nothing he enjoyed more than to get a defendant on the stand and make him squirm. As a unuea States Senator, nil chief delight was to get a political enemy before an investigating committee and hold him up to the ridicule of the nation. But this week the tides had turned, and Justice Black was learning how it feels to be prosecuted by experts in the art of ridicule. He was being roundly attacked, not because of his political and economic views, but because ol his reputed inefficiency as a justice of the Supreme Court of the United States.

In a widely publicized article in the current issue of Harper's Magazine, it is declared that Justice Black's "lack of legal knowledge and experience, the deficiencies in his background and training, have led him into blunders which have shocked his colleagues on the highest Court." Following publication of the article, Chief Justice Charles E. Hughes gave it his tacit approval in an address before the American Law Institute. "If our judicial machinery is to work," he said, 'we must have judges qualified by experience, training and temperament. We are fortunate in Lhe great number of such throughout the country. It is the exceplions among the judges who, with their conspicuous ineptness, do the harm." What made the attack particu- arly embarrassing to Justice Black was that it was made, not by his "old enemies," but by those who have been friendly to the New Deal.

The author of the article is Marquis W. Childs, Washington correspondent for a paper which has supported the President Another bit of galling wormwood was the contrasting of Justice BJack in an unfavorable light with the President's other Court appointee. Justice Stanley Reed. The article asserts: "Of the hundreds of cases coming before the Court in a single term only a few constitutional issues. Most of them--the run of the mine cases--are concerned with intricate points of law bearing on taxation, patents and complex business deals.

It is here lhat legal craftsmanship is of-the first importance; and it is precisely here that Justice Black, in the opinion of his colleagues, has failed. "He has been unable to carry his share of the heavy burden of wosk that falls on the Court nor do his fellow justices forsee that he will be able to carry it within any reasonable length of time." It further pointed out that Justice Black, despite his inexperience, has taken occasion to stand alone in his opinions no less then 12 times since he has been a member of the court. His dissenting opinions, it is said, have not related to the legal aspects at the cases in questions, but have been political speeches setting ouS Justice Black's economic views. The author gives the A credit for his "strong beliefs, 1 but points out that "in a complicated tax case strong beliefs are not enough. 'Large sums of money turn on such cases.

Not infrequently one lower court has decided it one way, while another has decided it another may be necessary to refer not only to American but to law. One cannot decide ihis kind of controversy by the color of the litigants' eyes or even by their political beliefs. opinion deciding such a case must be written so that it will stand up under intense scrutiny. "It comes back to Ihe matter of craftsmanship. A man with only a limited experience with the law, such as Justice Black, finds it extremely difficult to maintain (he pace of the Court So far the assigned to him have been relatively simple.

Nevertheless sev- Black, Page Four).