The Charlotte Observer from Charlotte, North Carolina • 5

am PAGE FIVE THE CHARLOTTE OBSERVER The Foremost Newspaper of The Two Carolinas- THURSDAY NOVEMBER 10 1938 SANITONE SERVICE A iVien's SUITS CAMERA 01s1 SCRAP TOBACCO TAX RULED LEGAL' 4ERAtini liouNAL LUCKY HOBBYISTSwTho The fif four places young in nh oKt bb be Ri 0t sc ki nHilt i the picture Bryant FOJR EL 1 i 1 11 ENE5 OPINION' I Miss Eleanor Sanderson Richard Wingate Charles Parsons Blakeley Ki- wanis boys' and girls' work chairman and Cora Belle Wells Parsons hoilds a radio given him as a sweepstakes es awar Mr Bryant The woodwork display ay 1 in the foreground won the top award in the show 1 1 IONIIPINE A 1 Correctly Cleaned Carefully Pressed CHARLOTTE LAUNDRY Inc Curb Service-116 East 2nd St Dial 3-5191 Kannapolis Group Confesses Abducting and Robbing Man Near A Act Requires Firms to Pay $1000 Annual Fee 19 Cases Are Decided SECTION ONE 11111IMMIMMENIIEW SECTION ONE I 11'1 1 I i r' st LA "-4 IIN---- -i 5 11 14 i AN AMAZING DISCOVERY! Special in The Obxerrer CONCORD Nov of Police Ira Chapman said this afternoon that Jack Motley 19 Carl Eller 27 James Helms 25 and Robert Tarleton 19 all of Kannapolis 'had confessed to the holdup and robbery of Ralph Overcash in Kannapolis last night and that the department would charge the four with highway robbery larceny and kidnaping Shortly after 7 o'clock Overcash resident of Kannapolis drove up in front of the YMCA Just after he had got out of his car and started insicre the two strangers accosted him and forced him into the back: seat of his car One of the men' held his hand in his pocket and indicated to Overcash that he had a gun Overcash said they drove the car around the mill and picked up two more strangers Then they drove out to Buffalo Creek where they forced Overcash from the car Overcash said the men searched him took his cigarettes and drove off toward Enochville Overcash luckily had left his pocketbook and other valuables with a friend at a service station before starting tiv the 4 ink Altilk i I 4 i i St Ikke'' 11 40 ki's '1 i400 iSt INN i 0 Ina 'I 0 I) it tonk 1 1 (45 '446 4 3 fj tV7- () kft I (1 morale i a A la 'A isra IN NM 1 I li 00041 'it PEE DEE RIIIER TAKES 2 LIIIE Austin's EYE LIFTS White masks saturated with a cooling mentholated solution soothing and 'calming on your eyes after busy hurried days Use one for an "eye facial" before an important gala evening or just be fore retiring as a pleasant send-off to sleep Arthur Comp--ton above noted psysicist of the University of Chicago will deliver the 21st series of McNair lectures November 14-16 at the University of North Carolina Dr Compton won the Nobel prize in physics in 1927 He was a Guggenheim fel10w in 1926-27 and has received honorary degrees from Ohio university Yale Princeton Brown Harvard Washington university the University of California and Oxford university RALEIGH Nov constitutionality of a State tax on the sale of scrap tobacco was upheld today by the North Carolina Supreme Court in a ruling on a test case brought by the Ficklen Tobacco company against A Maxwell commissioner of revenue The tax enacted by the 1937 General Assembly requires firms which purchase scrap tobacco to pay a $1000 annual license fee for each county in which they operate Associate Justice lieriot Clarkson who wrote the opinion held that the tax was not "discriminatory unreasonable prohibitory or vague" "If the amount of the tax is such as to render it onerous" he wrote "the primary recourse of the taxpayer is to the legislative forum1 the power of this court to deal with such matters is exceptional and unusual rather than general and or dinary" Justice Clarkson pointed out that a tax on scrap tobacco enacted by the 1935 General Assembly was declared unconstitutional but on grounds of vagueness and uncertainty" "The act here considered is free of the fatal shortcomings of the prior act" he added OTHER OPINIONS The court handed down 19 opinions nearly all of a routine nature In a Randolph county case the court held that Robertson Jr fil-ing station operator and the Sinclair Refining company were not responsible for the death of Rex Ellis who burned to death May 15 1937 Ellis a 17-year-old boy bought a soft drink at the station and re mained "loitering in and around the premises for some time prank-jug and playing" the court said in upholding a non-suit allowed by Superior Court Judge Frank Armstrong Conceding that Ellis maintained the status of a customer after purchasing the soft drink "We cannot conceive that the defendants owed him any duty to keep the small storage room in which he was injured free of a motor or banana used in its business" the opinionl by Associate Justice Barnhill said i IN AIR-SEALED JAR A Grnerous Supply '200 TOILETRIES SHOP-FIRST FLOOR to! miso MAIL AND PHONE ORDERS FILLED NERO 11EI DEANE ENTERS HOSPITAL FOR NEEH0 11E15 RECUPERATION RALEIGH No (iP) ERICE was received here toe that Deane of Rockingham one of the principals in the Eighth district LPgion Post to Make Annual Democratic primary dispute is a patient at the James Walker Me- Pilgrimage to Pinewood morial hospital in Wilmington Deane a friend here: Cemetery Sunday 1 fought for Burgin (W a Burgin of Lexington Democratic nominee Nvho was elected to Congress The annual pilgrimage to Pine-from the Eighth district) after the wood cemetery in memory of their referees gave it to him as hard as comrades who fell in the World I fought him I have gone con- war vill be made Sunday aftertrary to my doctors advice for the non at 3:30 o'clock by members last two weeks but I am now con- of the Col Charles Young post of fined to a hospital" 5the American Legion Charlotte's The annual pilgrimage to Pinewood cemetery in memory of their comrades who fell in the World war yin be made Sunday after-non at 3:30 o'clock by members of the Col Charles Young post of the American Legion Charlotte's DHEOASATEITEANLTEROSR NEC 8 1 11E" RECUPERATION LE RA Ic lid here 1o I 7 PLAN EIIIIIcEI 1ANTI-JEWISH DISORDERS FLARE AS VOM RATH DIES BERLIN Nov disorders broke out in Munich shortly after midnight today as news reached there frorn Paris of the death of Ernst Von Rath legation secretary who was shot Monday by a young Polish' Jew 1 Groups of Nazi veterans were assembled in Munich for the continued celebration of the 15th anniversary of the November 8 1923 beer hall putsch of Adolf Hitler They broke the windows and doors of about a doznn Jewish shops Firemen and police quickly the crowds Man and Woman Perish Near Marion After Boat Capsizes Find One Body IVEY'S --11--- ul-N t30: 43 Df 11K 0 'A ::::::4:: 0 N'a' :::::::::::4:::: STORE HOURS: 9 4o 4o 40 negro post The veterans will assemble at Legion headquarters 420 1-2 East Second street for the march to bl (I CHARLOTTE SHIVERS IN FIRST COLD SNAP Sperial to The Observer MARION Nov 9--The body of Ben Cribb 54 who was drowned late Monday afternoon in Little Pee Dee river was found yesterday about 250 yards from where the boat turned over The body of his companion Miss Leitha Holden had not been found late today The accident occurred on Little 1Pee Dee river two miles north of Gallivant's Ferry and 12 miles south of Marion Reports are that Cribb and Miss Holden were on the lorry side of the river when they decided to cross the river to get fish from a cabin on the Marion side the boat which was a "one man dugout" was not large enough for Iwo passengers and it capsized it was stated The body of Cribb was found by Deputies Lacy Edwards and Roscoe Gore and others A coroner's inquest held yesterday afternoon over the body of Cribb resulted in a verdict of accidental death by drowning Mr Cribb was from Hurry county and Miss Holden was formerly of Aynor but recently of Marion 5 1Deputies Lacy Edwards and hos- coe Gore and others coroner's inquest held yester- day afternoon over the body of Cribb resulted in a verdict of ac- cidental death by drowning Mr Cribb was from Hurry county and Miss Holden was formerly of Aynor but recently of Marion 5 TO GIVE Tep-son (above) glamorous Metropoli tan Opera company prima donna rio'' will give a concert in the third Artists' cowse ntimber tonight at I Winthrop college Rock Hill With the lowest temperature forthe cemetery The post's drum and i the day at 35 degrees at 7 ambugle corps will lead the proces- on yesterday and the highest at 54 de- All veterans are invited to grees at 3:15 pm Charlotte shiv-Ii'lln at the cemetery will Servcie ered through the chilliest day since! April 10 it was reported last night include music by the Rockingham by the local weather bureau CCC quartet and an address by The average temperature for the Uhlman Alexander Charlotte M- I day struck 44 degrees Charlotteans tonic)' and World war veteran at last decided that winter had come for at least a day if not toCENTRAL HIGH CLASSES PLAN FOR VISITORS DAY stay and many women looked to their furs and men to their overcoats Plans for the Visitor's rin nt CCC quartet and an address by Uhlman Alexander Charlotte attoniey and World war veteran CENTRAL HIGH CLASSES stay ana many women mokea to PLAN FOR VISITORS DAY their furs and men to their coats Plans for the Visitor's day at SON-SUIT REVERSED A non-suit granted in Johnston superior court by Judge Harris in the ease of Lillie Morris against Johnson was reversed The case was for damages in the death of Oscar Morris who oeatn or uscar Morris wno '46711 ''4-10'11 VW" 3 I '1eco4Stk oodtri BOTII FOR 39 Regularly $27e50 EACH r7L-9lii1741L 4000-40-67140 4V1 Ilk A'rkt "040000 'At 040401 -j''4' '''''l 04- i 4' 4- N11 roaPast744 -1 '1--A 7 '14 i rliitatAtizAs: A017- 015 40e7 l'nthAgr'' 0 Jr 440---g 4 ki It 00 4 fo 1 00 1100: --11r 0 sp 4 A 14el 0 0010 1 ig mo4 4-' pr 11 iii A poorwooe rtir 1 i 1 1- ettii gl oio 01 1004 tt i '0 vEto 00000011 ii: addlin II 4 eq FOR 0 li IP I-I i BOT I iii 3 1 ii 1: I 1 1' i 0' I 1 1 1 1 1 1 39 Regularly lii 1 '1 i' 11 $27e50 EACH ---111111PIPM i over-A 41 Central High school today have MINISTER AND SISTER been made by members of the civic committee Elsie Mosely is chair HURT IN CAR ACCIDENT the visual education commit tee is McAlister Carson chairman CHESTER Nov 9--Rev the history department under Roy Brown Presbyterian minister the direction of Miss Cornelia Fore of Sardinia and his sister Mrs1Miss Jessie Rankin and Miss Eliza-part in the event are the 0 i Killough II Patrick of White Oak1)eth Ramsey of A the woodmen of the world I suffered painful bnt not serious A program of illustrated talks on the Knights of Pythias the Junior injuries near Jonesville in an auto-the history of Charlotte and Meek-Order and the Loyal order of the mobile accident today while on lenburg county from pre-Revolu-1 Moose They hope to establish way to join some other rela- tionary days through the World better spirit of fraternalism in the tives to go to Lexington Ky to 'war will be presented in the high 1 county and to make the banquet on be at the bedside their father Ischool auditorium during the fourth Armistice day an annual event it Arthur Pomeroy Brown who died Iguidance period by members of the was announced 'today Alpha Theta Chi history club ktP zfroN str4rkwo i 4 --fmiooihAk III Three of Many Popular Styles In IVEY'S BUDGET SHOE SHOP (Downstairs) $500 z' HEADS Marshall Brown dean of Presbyterian college Clinton recently was elected president of the Faculty club an organization which fosters intellectual research at the college ow "Father of Western American 4 is the title bestowed upon Thomas Nuttall in a monument in (St Louis in honor of his descriptions of plant life in the Louisiana 'Territory over a century ago vas run over by a car alleged to have been driven by Johnson's daughter Evidence purported to show that the car was being driven "probably 60 or 70 miles Am hour just like the wind" the opinion said adding: "Evidene of speed is prima facie evidence of negligence" The court reversed a Currituck county case in which Midgett was awarded damages of $1- 500 for alleged false arrest by Thomas Basnight assistant fisheries commissioner According to testimony Basnight illegally searched a boat owned by Midgett and accused the plaintiff of stealing fish A Currituck jury had held that the Great American Indemnity company by which Basnight was bonded should pay $1000 of the $1500 Chief Justice Walter Stacy however ruled that scope of the bond did not obligate the in- demnity company for false arrest claims OPINIONS LISTED The list of opinions follows: Midgett vs Nelson Currituck reversed Polansky vs Pangle Buncombe affirmed Lithograph corporation vs Clark Rutherford new trial Croce vs Groce Yadkin error Morris vs Johnson Johnston reversed Henley vs Holt Lee new trial Ficklen Tobacco company vs Maxwell Jitt affirmed Smith vs Turnage-Winslow Inc Pitt affirmed Draughon et al vs Warren et als Sampson affirmed Kluttz vs Allison et al Montgomery affirmed Sawyer vs Cox Randolph affirmed Murphy vs Taylor et als Lenoir affirmed Hill et al vs Colic et al Lenoir affirmed Ellis vs Sinclair Refining company Randolph affirmed Chambers vs Byers et als Iredell reversed Chambers Ns Byers et als Ire-dell reversed Edwards vs Whitehead Randolph no error Smith vs Supply company Wake no error Lassiter vs Steil Wake new trial Duke vs Scarboro Wake no error 12 SALE! our Own 'Queen Charlotte') 11MEMMIMUMMMME General utility Shoe with a walking heel Black kid with pin hole vamp and flap Sizes 5 AA to 10 AAA $500 DICKINSON 4 4 oot A SELECT SECRETARIAL SCHOOL Sect Training All Commercial SubJects Machines Day Eve Scsstons Individual Instruction 1101 INDEPENDENCE BLDG INNERSPRING MATTRESS AND BOXSPRING Both For $3900 l1EMMEMEMMI FALSE TEETH $500 4 :4 I moomom I (Choice of Twin or Full Bed Size) That Loosen Need Not Embarrass Many wearers of false teeth have stir'fered real embarrassment because their plate dropped shpped or wabbled at -just the wrong time Do not IINT fear of this happening in you Just sprinkle a little FASTEETII the a7c1- line (non-acidi powder on your plates Holds false teeth more firmly so they feel more comfortable Does not sour Checks "plate odor" (denture breath) Get FASTEETH at any drug store Semi-dress Shoe in a pump variation Leather Tan calf with grosgrain ribbon trim Sizes 5 AA to 9 AAA $500 Superbly comfortable! Custom-built throughout by the makers of the famous "Spring Air" Mattress Contains a scientifically constructed inner-spring unit Covered with damask panel ticking and with hand-made quilted border WAR DEPARTMENT Office of the Con' structing Quartermaster Fort Bragg 'Sc Sealed proposals in triplicate will be 'received until 2:00 ysT Novein' ber 14 1938 and then publicly opened for the construction and completion of one (11 375 Men Barracks iless excavation) at Fort Bragg Plans and specifications will he furnished upon application to the Constructing Quartermaster sort Bragg and depoit at that office of certified check in Amount of $1500 made payable to "'Treasurer of IL $500 The "Queen Charlotte" sold exclusively by IVEY'S sells regularly for $2750 each (mattress or boxspring) In this Special Sale you can make a clear saving of $1600 you can buy BOTH for only $3900! FRATERNAL MEET SET FOR FRIDAY Several Groups to Gather in County Extension Building at 7:15 O'Clock V'40to 1 1 Last call to sell homes people want to settle before Inter Use Want Ads Spectator sports Oxford In Leather Tan calf with eyelet trimming Sizes 5 AA to 9 AAA $500 PAY $5 00 DOWN And Balance Monthly MATTRESS SHOP-FOURTH FLOOR BUDGET SHOP alfFUL IRELlfrgi 'it 7 FACE WOO Several fraternal bodies of Char-lone have made plans for a banquet to be held in the county extension building at 7:15 o'clock Friday evening for the purpose of forming an inter-fraternal council Mercer Blankenship is in charge of arrangements for the event and the Glenwood Women's Conununity club will scrve the dinner Tickets may be obtained from Mr Blankenship Mrs W' James at the courty courthouse or at the Law building Among the organjzations taking IVEY'S IVEY'S A touch of Resinol soothes the "bitey" soreness as its active meth Cation aids nattire's healing Resinol Soap is ideal for sore tender skin rat sample wrile Resinol 52 Ratio Md STORE 'TOURS: 9 TO A :40 STORE HOURS: 9 TO 5:40 BEJS IN 012 A A 011410i T1141 vy.