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Cullman Banner, The (Newspaper) - January 7, 1938, Cullman, Alabama In the Heart of Alabama's Rich- est Agricultural District THE BANNER YOUR NEWSPAPER We Believe In County Volume 26 CULLMAN, ALABAMA, FRIDAY, JANUARY 7, 1938. 5c Per Copy Supreme Court Considers Mitchell Case Hill Rolls Up 2 to 1 Margin Over Heflin In 'NewDeal Test' Cotton Tom Too 111 To Be Told Of Election Result, But Doctors Say He Will Recover BY WILLIAM B. HUIE While Cotton Tom Heflin lay in his hospital bed still blissfully igno- rant that an election has been held, Rep. Lister Hill, of Montgomery, this week prepared to desert his House seat in "Washington and become "the junior senator from Alabama." The 43-year-old Montgomery Congressman is to be appointed to the Senate by Governor Graves early next week when Mrs. Graves re- signs, following official certification of the results of last Tuesday's sur- prising election. Complete but unofficial returns from the vote showed that Mr. Hill was the winner by a majority only slightly short of two to one. The vote in Cullman County was new record for a Whereas there were almost four to one, as this county rolled up a Hill majority second on- ly to his home county of Montgom- ery. As expected, Farmer Charles Wil- liams, of Shelby county, did not figure in the race at all, receiving less than 5000 votes. Also as expected, the race set a slender vote. votes cast in the last gubernatorial race, less than voters thought enough of the senatorial struggle to go to the polls. With the race over and the 68- year-old Heflin retired to oblivion for all time, interest in Alabama now centers on three who will succeed Mr Hill in his Second Congressional District, whether or not the Democratic Executive Committee will call an- other Senatorial election in the May primaries, and how the new senator will vote on the controver- sial measures now before Congress. To choose a successor to the re- tiring congressman, Governor Graves is required by law to call a special election. Two candidates, both well known in state political circles, have already given notice that they expect to be candidates. They are State Senator J. Lamar Kelly of Conecuh county, and Geo. M. Grant of Troy. Of the two, Senator Kelly was expected to receive the backing of the Graves forces until a surprise note was injected this week. Some observers are of the opinion that Mrs. Graves will enter the lists with the backing of both the national and state Administrations. Others who have talked with the governor recently, however, are of the opinion that the Governor has higher hopes for his wife, and will run her either for governor or for the Senate against Hill in the May (See Senate on Page 4) Cullman County Elects Hill by 4 to 1 Majority Less than 2200 of Cullman coun- ty's voters went to the polls Tuesday and elected Congressman Lister Hill by a four to one majori- ty to succeed Senator Dixie Bibb Graves. Of the vote cast Mr. Hill received a majority of 1197 votes over J. Thomas Heflin of LaFayette, and as was expected, Charles W. Williams ran a very poor third, re- ceiving 118 votes. Complete unofficial tabulations shew: Hill 1616 Heflin 419 Williams 118 Little interest was shown in the county throughout the race, and it was not until the actual votes be- gan to come in that political prog- nosticators were certain of how the vote would be. Of the county's 42 boxes, the former Senator carried only two, Cold Springs and Ebene- zer. In the city of Cullman the county gave Hill, 549; Heflin, 132; Williams, 39. In the state former Senator Heflin was able to carry eight of the 67 counties, Chambers, Cherokee, Clarke, Cleburne, Henry, Lee, Pick- ens and St. Clair. Dr. N. A. Wheeler, attending phy- sician to Mr. Heflin at his home in LaFayette, announced today that the Senator had as yet not been told of his defeat Due to his serious condition, the doctor had deemed it inadvisable to allow Mr. Heflin to know anything about the date or the election for several days. The defeat marked Mr. Heflin's second attempt to come back into public life since his fight against Al Smith in the 1928 election. He was barred from the Democratic party in 1930. and consequently defeated by John H. Bankhead. Later in 1934 he was defeated by Joe Starnes for Representative from the Fifth District. COMPLETE TABULATIONS OF TUESDAY'S ELECTION But Box Heflin Hill Williams Absentee 13 44 1 1. Cullman 1 28 94 9 1. Cullman 2 10 72 2 1. Cullman 3 18 67 7 1. Cullman 4 8 M 9 1. Cullman 5 22 100 2 1. Cullman 6 25 86 6 1. Cullman 7 21 96 4 2. Good Hope 2 22 4 3. Hanceville 23 85 2 3. Hanceville 2 12 47 1 4. Garden City 9 12 2 5. Stouts Mtn. 1 13 0 6. Gamble 1 16 2 7. Arkadelphia 4 20 1 8. Anlioch 1 510 9. Cold Springs 1 82 10. Bremen 7 11 0 11. Trimble 10 46 0 92. Crane Hill 9 48 4 13. Chandler's Store 2 27 0 14. Logan 0 31 4 35. Jones Chapel 4 60 0 16. Battle Ground 1 13 0 17. West Point 6 40 4 17, Ebenezer 2 21 IS 4 18. Vinemont 1 13 42 2 18. Oden's Store 2 3 16 2 19. Gold Ridge 1 II 24 0 20. Baileyton 17 28 3 21. Joppa 9 22 2 2L New Canaan 2 1 15 0 22. Holly Pond 14 72 0 23. Berlin 7 38 0 24. Walter 8 24 13 25. Welti 2 29 0 26. Brushy Pond 6 11 2 27 White City 6 22 4 28 Fail-view 22 63 11 29 Grand View 3 30 1 30 Kelley School 7 12 1 3J Center Hill 7 12 1 32 Simcoe 12 27 5 TOTALS 419 1616 118 "Warring Labor Retards Recovery" THE PRESIDENT Roosevelt Calls for Bigger Navy; Urges Passage New Wage-Hour Bill Roosevelt Calls For "Cooperation" From Big Business; Promises Some Tax Relief BY WILLIAM B. HUIE Immediate resumption of the struggle between American Business and the Third New Deal was in prospect this week as Congress opened the New Year in regular session. Business listened hopefully to the President's 45-minutc state-of-thc- nation address to the Congress, and while it heard a suave and somewhat reassuring plea for "co-operation." it also heard a renewed demand for a wage-hour law and a flat admission that the budget will nol be balanced. The message, one of the longest the President has delivered, dealt in generalities. In discuss- ing proposed farm legislation, Air. Roosevelt disclosed that he favors the voluntary method of controlling farm production as against the compulsory methods advocated by Senator Bankhead and others. "The farmers of this he declared, "know that a balanced output can be put into effect with- out excessive cost and with the co- operation of the great majority of them. "If this balance can be created by an all-weather farm program, our farm population will soon be as- sured of relatively constant pur- chasing p9wcr. From this will flow two other practical results: The consuming public will be protected against excessive food and textile prices, and the industrial workers find a steadier demand for wares sold to the agricultural third of our people." On one point the President was most definite. He declared himself for the immediate construction of a larger and more powerful navy, and indicated that he expects to contin- ue his bold foreign policy. On the budget question, he said: "I am as anxious as any banker that the budget be brought into bal- ance as quickly as possible. But I lay do-wn certain conditions which I believe all should "The first condition is that we continue the policy of nol permit- ting any needy American who can and is wiping to to starve be- cause the Federal Government does not provide work "Th" is that the Congress and the Exorcuiivc join hands in eli- minating or curtailing any Federal activity which can be eliminated or curtailed without harming neces- sary government functions or the safety of the nation. third is to raise the pur- chasing power of the nation to the point that the taxes on this pur- chasing power will be sufficient to meet the necessary expenditures of the National Government." The President indicated that he might favor some rcvasion of the corporate lax charged u-ilh causing the current made no specific sug- gestions He c3rased with a plea for cooperation and national unity. THE WEEK OF IIATE The Presjdcnfs more or Jess con- ciliatory message came after tw-o of his lieutenants had launched the fiercest and most spiteful attacks on business since the inception of the New Deal In radio addresses on succeeding nights, Secretary of the Interior Harold Ickcs and Assistant Attor- ney-General Robert H Jackson charged business with deliberately precipitating the current recession in an effort to "liquidate the New Deal" Secretary Ickcs reached for back into the flies and brought out a book published in 1924 which nam- ed 60 American families as domi- nating the country. He charged these "60 FamOjes" engincenTig ihe recession and Cullman Theater to Make Debut Soon Plans Made to Open Within Three Weeks The CULLMAN Theater, to be Jo- caled in the new building directly behind the Cullman Motor Compa- ny, will be open 'about the last Sat- urday in it was announced today by H. V Hury, manager. "Our plans are rapidJy taking shape." Mr. Hury declared, "and we believe that everything will be ready by the last of the month." Work is being completed now on the marquis for the front of the theater, with neon streamers, and the big CULLMAN THEATER sign. The building has more than 900 scats. The Cullman theater is owned by Frank Merrill of Birmingham, own- er of the Empire theatre, the Galax and several others in Greater Bir- mingham. Mr. Hury, Ihe loca? man- ager for the Culiman theater, is a veteran an the theater business He :and Mrs Hury will reside in zm .jpartmcnl tin the second flnwr of Dismissal Is Asked For Cullman Judge; Verdict In 1O Days Testimony Is Heard In Impeachment Proceedings; Matthews Fails To Report SPECIAL TO THE BANNER MONTGOMERY. J.m ho.inng two days of testimony dur- ing more than a witnesses were presented, the Alabama Su- preme Court late lod.iy took under consideration the state's ringing de- mand that Probate Judge Homer F. Mitchell of Cullman County, be im- mediately removed from office. The high court is expected to announce its decision within the next 10 days and thus put an end to impeachment proceedings which have been pending against the Cullman official for nearly two years. The closing arguments by State's Attorney Horace C. Wilkinson and Defense Counsel Roderick Beddow were delivered in ringing, bitter tones which attracted crowds into the Capitol corridors Wilkinson described the Cullman Cullman Broadcast Attracts Statewide Attention Thursday BIRMINGHAM VISITORS PRAISE CITY the openanj; for Tint new IJhfatcr. Mr Hury said as yet he had nothing In SHE LIKES IT Mrs Hulda Wcldon lived at her home at Crane Hall 99 years last Thursday. She is still very ac- tive, carrying on a great deal of sewing, knitting and crocheting. A great host of her kin and friends were on hand Thursday to help in the celebration. CtJIXMAN COUNTY TAKES SECOND rLACE AGAIN MadJson county won the cotton production marathon ag3in, but Gunman was nol far behind. Madison produced in 1937 and Cullman ran sec-nod with dotlarcd that the "120 million" in 55.098 bales Botft were near record 'See Roosevelt, Page 4) j productions. Cullman was host today to a rep- resentative delegation from the Bir- mingham Chamber of Commerce, and cooperated in presenting to the Alabama radio audience a cross sec- tion of Cullman and its possibilities L. E. Foster, of the Birmingham Chamber, led the delegation, which was composed of Mrs. L E Fos- ter, A Key Foster, Vice-President of the Birmingham Trust and Sav- ings Co; Karl Landgrebe, Vice- President of T C I; Steadham Ack- er, manager of the Birmingham Mu- nicipal Airport; F. M Jackson, Jr., of the Perfection Mattress Co.; J. C. Hodges, of Cosby-Hodges Milling Company, Miss Jessica Ingram and Waights Taylor of the Birmingham Chamber of Commerce; Robert F Hall, distributor for Crosley prod- ucts; Harry Douce of Silver and Douce Advertising Agency; and Mr. and Mrs. W W. Walker. M. L. Robertson Interviewed During the broadcast M. L. Rob- ertson was interviewed over the radio by Mr. Landgrebe and Mr. Foster, and vital points of interest concerning Cullman were discussed. Davenport Smith was chosen win- ner of the prize for the best radio large basket of Golden Flake Products. Mr. Smith sang "Asleep in the Deep. A part of the hour was devoted to the agricultural situation in North Alabama. C. T Bailey. Cull- man County Farm Agent, conducted the discussion representatives from Auburn. Mrs M L. Robertson directed the selcclion of talenl and arrangement of the program Cullman Urged to Build Airport "Gel Ready for Air Transportation" Acker Tells Kotarians judge as "incompetent, malicious and unfit to hold public office in while Beddow defended him as a "martyr to the unscrupu- lous machinations of a political ring." Unable to present its key witness, John Matthews, former clerk in the Cullman probate office, the prose- cution confined its case against Judge Mitchell to two counts. One, that he had falsified his income tax report, and the second that he had maliciously tried to intimidate the Circuit Court by procuring a war- rant for the arrest of Circuit Judge A A. Griffith on a charge of driving a stolen automobile Several witnesses were question- ed carefully in regard to the in- come lax report filed by Judge Mitchell Misses Thclma Kmney and Margdrcl Major, Courthouse employees, were presented by the state. Miss Kinney testified that Judge Mitchell had asked _ her to make what she believed to be a fake statement about the report, and Miss Major declared that whereas her salary had actually been a week, it had been set at a monlh in the probate judge's 'ie- port. Judge Mitchell, taking in his own defense, did not deny that the report was incorrect ed. He presented two -witnesses, however, to substantiate his claim that the report had not been delib- erately falsified. Otis Hall declared from the stand that he had notarized the report but that he had neglected to swear Judge Mitchell. Miss Mary Will Estes said that she had notarized a report from the prob.itc office bear- ing Judge Mitchell's signature, but that the judge n >l been present at the time. There was much he.il'-d argument concerning Ihe "stolon automobile" charge. Judge Griffith took the stand ;it
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