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Bee, The (Newspaper) - January 5, 1922, Danville, Virginia ,012 DanvUle Register Delivered Daily Before Breakfast WKI) FEUJHJABY, NO. VA.. THURSDAY AFTERNOON. JANUARY 5. 1922 PEICE: nchburg's City rdinance Invalid Mapp Act Written Into City Statutes Declared to Be Unconstitutional by Judge Christian Dan- ville Also Has Such a Law. LYNCHBURG, Jan. to a decision handed down by Judge Frank. P. Christian in Corporation Court the city prohibition act, run- ning parallel to the Mapp prohibition enforcement act, is invalid. Judge Christian found the act void because the city is limited by its char- ter in the penalties that it may in- flict, and being unable to inflict pen- alties as severe as those provided by the State law, any city act must be held as in conflict with the State act, and therefore unconstitutional. The present city act provides for penalties equal in severity to those provided by the State act, and is therefore unconstitutional on that count alone, as the city exceeded the powers granted in its charter enact- ing the ordinance. The judge preceded the rendering of his decision in the test case, which was brought by Fred Jamerson. charged with violation of the city pro- hibition lav.-, by a succinct lecture on law enforcement and the responsibil- itv of the citizen in the matter of backing up courts and police officers in apprehending and securing convic- tions against those known to be vio- lators of the law. He said: ".Law isn't enforced because peo- ple won't give evidence." declared Judge Christian, in speaking to the grand jury on law enforcement. It (Continued on Page Five.) Second Nicholas Charge Is Dropped Mike Nicholas, Who was on Tuesday evening convicted of an attempted criminal attack on Miss Minnie Rud- der, will not be tried for shooting the girl. The State has- taken a .nolle prossequi in the case as was intimat- ed might be the case yesterdav The commonwealth's attorney, however, agreed to abstain from pushing the second charge against the Greek af- ter he had secured'an'understanding by counsel for the defense that no appeal would be taken from the three- year term imposed for the allcgcil attack. The appeal was withdrawn yesterday evening and Nicholas -nas brought out of jail and sentenced to servo his term. He is now ready to be taken to the State institution to begin It. The Corporation Court was en- raged today in trying the few cases which remain to 'be heard. There are some Mapp act cases and larceny charges to be disposed of as well as cases appealed from the lower court. It is expected that court will adjourn before the end of the week. More Testimony As To Hangings (By The Associated Press.) "WASHINGTON, Jan. before the Senate committee, investi- gating soldiers' hangings in France, Herbert L. Cadenhead. of Mississip- pi said he saw ten or twelve hangings but did rot know whether the men -A-ere tried. He said that one hanged was a 1'eutenant, charged with at- tacking a girl, aged seven. Negro Facing Bad Charge Shot From Ambush In Shoulder Sol Douglas, a negro who was ar- rested near Schoollleld on Christmas night, after, it is alleged, he had at- tempted a criminal attack on Mrs. Percy Sigman, was seriously wound- ed a few nights ago when he was shot from ambush. .Douglas was held for the grand jury but the circumstances in the ease were such that Magistrate R S. Fitts allowed a bail bond or which was later given by the accused and who was consequently released from jail to await inquest by the Pittsylvania srand jury. Douglas was, walking near his home, it is al- leged when he was shot by some per- son unknown who was in hiding, me Hurt in Hold-up One Killed. Fifty Bodies Are Recovered From Wrecked Vessel Other Ships Damaged and Houses on Shore Col- bullet struck him in penetrated the shoulder blade shoulder and joint shattering the was taken to a 's hospital where the injury was treat- ed He uas discharged but has since been" taken back as the injury has proved to be more complicated than was at first thought. It is said that Douglas may not fully recover the use of the arm. The negro is said to have definite information as tQ who shot him but from last reports he had not revealed the name to the county authorities. Upheld By Court WASHINGTON, Jan. "Honest and Faithful Board." other- wiseknown :.s the "Plucking Board which operates at the of the secretary of war under the army reorganization act in weeding out army officers who have become rnis- flts" or disabled for Cither retire- ment or discharge, was upheld jes- "rSayby the District of Columbia Court of Appeals with regard to findings bv which the board retired Col John W. French and discharged Creary. e court's decision serves to frake the "Honest and Faithful Board" a final court of ap- peals for army officers who are dis- satisfied with the findings of the reg- ular boards-junless the officers choose to appeal dircetlj the President, a course which the (By Associated Press.) CHICAGO, Jan. Soffef, president of the Maywood State bank, was 'shot and killed and Louis Sween- ey, suburb chief of police, and Arthur Benson, bank messenger, were wound- ed when five- bandits robbed them of the pay roll of the American Can company. The bqndits opened hre without warning. Madison Turkeys Sell For During Christmas Holidays ClIAULOTTESYUJLE, Va., Jan. 4. than was realized from the sale of turkeys in Madison county dunrig the Christmas holidays. ith some raising turkeys was their principal undertaking, but with the majority it was a side istue to provide "pin money." One merchant stated he had Handl- ed tukeys a geat many yeas but had never Known them to be -as large and fat. Ordinarily about 30 could be put in a barrel, but the present season he found it a hard task to squeeze 20 in. Mrs. S; N. Walker Dies At Chase City NCWK was received herf this morn- ing of the death in Chase City at about 7 o'clock today of Mrs. Eliza- beth Walker, well known in Danville by reason of her frequent Many Killed In Explosion visits' and native of Pittsylvania county. She was a sister of John E. Hushes and Col. W. T. Hughes, of this city "While she had been in de- clining health for the past 10 years she was not periouslv ill until six weeks ago when she was seized with a stroke of paralysis. Since that time her condition had been quite critical. Mrs. "Walker was 55 years of age. She was a daughter of the late John Edward Hughes, of Prince Ed- ward county, and Mrs. Elizabeth Clarke of Hinesville. She was born in Pittsylvania and spent her girlhood there, being married to S. N. Walker at Which time she moved ,to Chase City where she had since lived and been widely esteemed and beloved. She is survived by a step- son, Robert Walker, of Tarboro, N. C., a sister. Mrs. J. R. Prudeii. of Chase City and three brothers, A. C. Hughes, of Sanford, N. C.; J. E. Hughes and W. T. Hughes, both of Danville, also "a first cousin, G. K. Hxighes and "several nephews and nieces. The funeral will be held some time tomorrow afternoon at Chase City. Colonel and Mrs, "W. T. Hughes left the city this afternoon for Chase City. tecrecy Marks Penrose's Funeral Only Immediate Family At- I Burial Even Re- porters Barred Under- akers Acted As the Pall Bearers. Three Smallpox City Health Officer R. IV. Garnett today three cases of small- pox adults. All of the cases (By The Associated Press.) PHILADELPHIA, Jan. tor Penrose's funeral was held this morning With great secrecy. No in- ilujilco, formation was given out of the fun- j tne houses lo give warning of the eral and reporters were barred from j disease. ;.re in the northside. One of them in -the vicinity of Washington street the outsKirtf of the city, another it on Henry and the third on Moffett streets. Dr. Garnett reports that all of the cases are so mild that the pa- tients are not confined to beds but are held -n quarantine in thfir cards having been placed on the cemetery- The tody was brought the announcement. Dr. Oar- to the hearse by undertakers and emphasized the necessity of vac- sistants and four automobiles consti- j cination by adults, stating that this tuted procession, only the immediate ls tne rrw known preventive measure family attending. Private funerals one wmch will prevent contrac- family attending are said to be the family tradition. o Egyptian Official Wounded by Bullet (By The Associated Press.) CAIRO. Egypt. Jan. .ey. Controller of the Government Crimes Department, was seriously wounded by an assassin's revolver shot He returned the fire and pur- sued the assailant, believed to be a student. and one tion of the disease. The Slfte law require that all city school shall be vaccinated and because this has been thorough- Iv done among the children there is danger of the malady spreading among the children. Dr. Garnett said further that within the next week or two city nurses would begin go- ing through the schools examining the children for, vaccination marks. This 5s usually done at this time of year when small-pox is most preva- lent. to LU tile JU i.v.a Appellate court now declares is the only way in which relief can be had. In its lengthy decision, the Ap- J.i.3 At-, 4. nellate court recognizes the fact that no court can interfere with the ad- ministrative functions of the Presi dent in his capacity as commander in chief of the army of the Lmted -tates, and states ploinly that it is not at all necessary for the dent to review the work of the "Hon- est and Faithful unless he pleases. Moreover, the court held, the President can delegate any of his administrative functions to the secretary of war without impairing the legality of the actions ot the lat- ter in exercising these _ Tnt IpFnion'lJenieS tHBrfflOr-Tirtfp- ertv right sare involved, in the re- fusal of the secretary or war_ to the orders retiring Cornel and discharging Colonel The' Question, as the Ap- pellate court looked at it was whether or not the power of the vacate French Creary. of war President in the matter and his dele- gation of this power to the secretary was administrative or -judic- opinion holds that it is solely admimsnative, and the decisions of Chief Justice Walter I. McCoy and Dissociate Justice Frederick L.. biu- dons of the District Supreme court, signing a decree fo ra writ of man- damus, directing the secretary of war to vacate the orders for reui.rir.ent and discharge are reversed, and tne cases remanded to the lower court for disposition in a manner not in- consistent with the decision of the Appellate court. Robert Hairston is Held For Shooting Henry County Man Lodged in Martinsvffle Barker in Hospital, Makes Statement About Affray. Miners Appeal to Harding For Aid tfrite Letter Saying; Men Have Worked Only Months During Year As Mines Are Idle. The Associated WASHINGTON. Jan. .r- cinia coal miners who say thvir fam- starving have f-ars in the JLuther Gravelly, for murder, 35 'ays Treaty Will Meet With Defeat (By The Jan- JT. Dail is quoted the Cen- trril as saylns that thf tresuj- vill bo- by at least two votes. ians and Baptists, will the vlnoi teams playing. Both these tcanys, .-.re stronger and pJayjnsr better bail Autoist-Gets Year In Jail and Fine BALTIMORE, Jan. 4. "One year in jail, and the only reason I'm not giving you a stiffer sentence is be- cause one year is legal limit. I never heard of a grosser violation of this section of the traffic ordinance. Magistrate Edward Staylor told James Suter. 23 years old. 1622 Lit- tle Walsh street, in the Traffic yesteraai morning. Suter, while under the influenc'; of liquor, it was charged, injured Mr. and Mrs. A. U Reuter. 419 East Chase, street, and George Latham, 2917 Overland avemnr. Sunday, after driving his car on the sidew.ilk and curbing nea rthe Fallsway and Monu- ment and Centre streets. Witnesses alleged that he intentionally tried to run them down and that he acted in the manner of a crazy man. o Eagle Seizes Bird Killed by Hunter ELIZABETH CITY. X. C.. -Ian. 4. Cap'ain Tom Hayman. one of the old huntsmen and gunners, of this city. while down the river on Monday in quest of game, shot a bird in the marsh at ShantiHic Bay. As the bird fell to the CTOund. it was seized .it S f- (Special to The Bee.) AIARTlXSVJJjOS, Va., Jan. 3. Barker, accused of was arrested near -last night and was put In 'all today. The condition of the -in- jured man continues to improve. David Barker today gave out a statement relative to the" shooting, the first which has been given by any of the principals in the case. Barker said that on Tuesday night Robert Barker appeare dat his house and said that he had come to Davis Barker's brother. "I ed him to go home, seeing thttt he was drinking, although he wa's not drunk. He then called me out into the yard and I asked him not to any trouble. Robert Barker .then told me "I'll kill you" and as I turn- "d tu go into the house he shot me the ball lodging below my collar- bone. 1 then fell down and he shot me asain on the ground, the ball en- tering my thigh above the knee." Both of the bullets have'been ex- tracted and Barker is considered to he out of danger. Luther Graveley, a negro, was con- victed of killing Peyton Hairston, also colored. The two men were attending a corn shucking party near Learner- wood about six weeks ago when, the two engaged in a quarrel which had a tragic sequel when Graveley seized a shot gun and'blew away a portion of the other negro's head. Elderly Negro Is Arrested in Almagro Ben Williams, an elderly stoutly built negro was arrested this morn- ing at about o'clock in Alma- gro upon complaint reaching police headquarters from several sources that he was acting queerly. Police Sergeant J. H. Martin and Officers Talley and Reynolds answered the 'call and brought me negro to the courthouse where he was charged with a concealed weapon f n Thft- Stork Busy Bird In Danville 1920 A summary of the -vital stat'stics for Danviiie, showing the number of deaths and births in the city during the year just closed is being compiled by the city health officer. These fig- ures show that during 1921 there were 341 deaths in Danville and G3S births. The- number of deaths was larger than that during the yar 1920 when 324 were officially recorded The number of births, however1, shows a substantial increase, or 71 more! than in 1920 when 567 persons were j born Dr. Garnett believes that the better systematizatlon in recording all of the births is responsible for the in- crease, al.so the increase in popula- tion in Danville during the year. An analysis of the deaths shows that JJ2 males perished, 12P white females, 59 colored males and 51 colored females. Heart diseases caused the death of 35 people, kid- ney complaints 24, pneumonia 2.6, tuberculosis 21 (three more than m the previous appoplexy 25, while the deaths by violence nuiu- bered 11. In the year just passed 205 white male children were born, 242. white females, 72 colored mates and 53 col- ored females. ---------------o--------------- Tunstall Teachers Meet Next Saturday There will be a meeting of the teachers of Tunstall District at the Srhoolfield public school at 30 a. m., on Saturday. A practical and inter- esting program will be in readiness, and as matters of great importance to the district will be discussed it is hoped that all teachers can attend. The programme will include an ad- dress bv Superintendent George A. Jordan, one by Mrs. F. C. Beverly and another by Rev. Henry Wade Bose. D. D.. as well as numerous practical talks on school wirk. The sessions will continue through the afternoon. Measles at Hinesville An epidemic of measles is reported in the Hinesville vicinity of Pittsyl- vania. The outbreak is sufficiently serious to curtail seriously the public Bandits Escape With 000 Pay Boll, After Slay- ing Bank Head and Shoot- ing Two Othejs. school attendance at that point. (By The Associated Press.) ATHENS, Jan. have been recovered from.' the fireek torpedo boat -destroyer, Leon, an- chored in Piraeus harbor, which was wrecked by a torpedo explosion. The explosion "damaged nearby and Caused houses ashore to collapstf, killing the inhabitants. No Autos Sold Here Under Mapp Act At the trial 'of recent liquor case, the question wstti, raised as to number of .by State under the arid proceeds turned, Juaio the State ury. trder -prohibition ardent spiriisjps found In an autofl' bile the car, f f belonging: to the pe son arrested fwltn it is automatical: seized and, the event of a convic- tion should pe sold. City Sergeant P. H. Boisseau said today that no cars have been sold under the law, although many have been turned over to him through th? usual processes of the law. However, the city sergeant cannot sell seized automobiles unless the court Issues an order and in every .case, -sjo-Jp registered, It "has been-found tlrittftne automobiles "did not to the persons arrested and therefore could not be taken in possession. In many of the cases prior liens on the machines whOe in others.the men supposed to own Jihem were able'to-. _ show that they belonged to other peo- X- ple. Steamer With Officials Here (By The Associated NORFOLK, Jan. steamer Cristobal, bringing a congressional party of hundred from the canal zone arrived here today. Directors Approve newes who said that Williams had a large revolver. The pistol was not j found but 'in the man's pockets they found .45 calibre revolver shells and about ten dollars in money. Williams was put in' ]aal protesting that he suffered from a heart affliction. This was done only after he had been sub- ject to interrogatoVies by the police, the answers, they said, being unsatis- factory- Ford Sedan Is Damaged As It Strikes a Tree Several people living in the vicinity of the intersection of Ridge and Main streets were aroused at two o'ckicK this morning by the crash of glass. A ,Ford Sedan, occupied by several negroes which was coming down Main street, ran amuck ami while evidently proceeding at a good speed struck a tree on the curb. Both iront wncels were broken, the axle bent and the classes of the Sedan broken. Tho men dragged the car off the sidewalk and left it bes'de the curb. The iden- tity of the car owner had not been determined today as no report of the accident had been made. It was said that the accident was due to a sud- den defect in the steering gear. The car bore Virginia license Xo 52104. No Drop In Prices On Good While the sale of tobacco have been very light since the Danville market resumed on Tuesday after the Christmas holidays there has been no drop in the prices paid tor the bet- ter grades of leaf whJch are in de- mand. One of the D invillo ware- housemen this morning said that the prices were exe those inferior grade a drug on the mar ing Farmers usu Poland Will Soon Recover From War Will Be One of First tries to Reach Normal Times Overthrow of Russia Not Looked for.' they did last year. On Saturday night, si m.. the Junior teams will j AS! teams will play. le.-iinsj hc play basket 3-" worth come and give thorn the merit of your a hunsn-y bald Eagle lhat was evi- dently waiting dose by in quest of game for its own consumption. sight of the eacle though, didn't m- i _ jj capjajji Tom's aim. and on other Itarrel, and Wounded Hunter Dresses His Injury
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