davidaulloa/AmericanStories huggingface dataset:
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27
ADMINISTRATIVE NOTICE

Having qualified as the admin
atratriX Of the estate Of Jack Levi,
deceased, this is to notify all per-
sons having claims against said
estate to present them to the un-
dersigned on or before Oct. %,
1885, or this notice will be plead
ed in bar of recovery. All per-
sons indebted to said estate will
make settlement with the under
signed n once.
This October %, 1884.
EVA G.. LEVI,
fO-23-Tues. 6tp. Admnx.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27

sons having claims against said
estate to present them to the un-
dersigned on or before Novembez
Is, 1885, or this notice will be
pleaded in bar OF recovery. Al
persons indebted to said estate
will make settlement at once witt
the undersigned. This November
10, 1884.
Mrs. James NJ. Leverett,
11-13-Tues. -6tp AdmnX.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27

much better.
Mr.. G.. Laughter was q recent
caller in this community from
Fletcher.
Mrs. Mary Z. Garen recently
killed a nice hog.
Mr.. and Mrs. Fred Common Of
Balfour, spent the weekend with
Mr.. and Mrs. B. P. Common.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27
NO BUYER FOR FAMED CABIN

BRANSON, No, Nov. 81. (UP)
A cabin at CARRIER, the last home
Of "Old Matt" and "Aunt Mollie"
of Shepherd of the Hills fame,
has gone begging" When offer
ed for sale to pay delinquent tax
es, the property found no buyer.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27

the northwest corner Of lot NO.
as, said stake standing south 60
degrees IS minutes west 200 feet
from the west margin OF State
street: and runs thence with Bly,
the street south co degrees Is
minutes; thence south 20 degrees
as minutes east 12l feet to the
north margin of q l0-foot alley;
thence with said alley north GO
degrees Is minutes east 80 feet
to the southwest corner Of lot
No. IS; thence north 20 degrees
as minutes l2l feet to the Be
GINNING.
Notice given this 18th day Of
November. 1884.
Thos. H. Franks, Trustee.
11-l3-Tues-4tp
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27
Answers to Previous Questions

Answers to Previous Questions
WHEN the S. S. Bremen ar
" rived in New York harbor,
the Mayflower, a non-rigid
blimp,. landed on it's deck,
picked up Paul W. Litehfeld, a
passenger, and then took. off.
The Gwynn's Falls bridge,
known as Carrollton Viaduct,
was opened Dec. p, 1929. The
bridge is still in use, support
ing doubie-track line. Suther-
lands patent covered an insu-
lated car construction with ice
bunkers at each end.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27
|WHOmgb FIR5To
IN AMERICA +"
BY Joseph Nathan Kane
| Author of Famous First Facts

When did a dirigible first
land on a steamship?
What was the first stone
arch railroad bridge?
Who received the first re-
frigerating car patent?
Answers in next issue.
The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-11-27
ADMINISTRATORS NOTICE

Having qualified as administrix
of the estate Of Fred J. Leverett,
deceased, this is to notify all per-
The Washington times., 1934-05-26
LEGAL NEWS---COURT RULINGS
D. C.. Supreme Court
Recent Decision
GOVERNMENT CONTRACTS UN.

GOVERNMENT CONTRACTS UN.
DER NATIONAL INDUSTRIAL
RECOVERY ACT.
EXECUTIVE ORDERs-LOWEST
RESPONSIBLE BIDDERS.
REVISED STATUTES SECTION
37os. EXECUTIVE ORDER NO.
6646.
NATIONAL RECOVERY ACT,
SECTION 10 (a) Title / Of the
Act.
A requirement that a bidder
furnish a certificate Of com"
pliGnes with the National Indus
trial Recovery Act by the cup
plisr Of the motor cars sought
to be sold to the Government
cannot be said to Be arbitrary
or cGpricious. May 20, 1884.
Equity Nos. 571ss and 57193.
The Northwest Motor Company
filed suit for injunction against
Secretaries Henry A. Wallace
(Agriculture) and Harold L. 1ckes
0nterior) to restrain them from
rejecting bids submitted for the
furnishing of automotive equip
ment for the said departments, be-
cause Of plaintiffs alleged failure
to obtain from the Ford Motor
Company certificate that it is
complying and will continue to
comply with each code of fair
competition which relates to the
articles, materials or supplies to
be furnished under the plaintiffs
bids; and to restrain
the said defendants from award.
ing said contracts to the Chevrolet
Motor Company.
The Washington times., 1934-05-26
Up on Motion

These causes came on for hear
ing before Mr.. Justice Daniel W.
O'Donoghue, upon motions for
preliminary injunctions and to
dismiss the actions.
The plaintiff contended that the
threatened action Of the Secre'
tarieS in rejecting the plaintiffs
bid submitted for furnishing auto
motive equipment for the Depart.
ment Of Agriculture is illegal. The
court has power and jurisdiction
to enjoin an illegal act or
threatened illegal act Of a Gov.
ernment official. Noble VS.. Union
River Logging Co., lat U. s. 165,
Garfield, ex rel U. S. VS.. Goldshy,
211 U. S. 261, Philadelphia Co. VS..
Stimson, 223 U. S. 605)
In the absence Of express
statutory authority an executive
or administrative officer may not
fix a limitation upon the class Of
bidders receiving advertisements
for proposals for purchases and
contracts for supplies for depart
mentS of the Government in such
a manner as to arbitrarily ex-
clude a certain class from the
right to bid. (Section 5, Title II,
u. S. C. A., 28 Op. Atty. Gen. 247,
% Op. Atty. Gen. 384J
Statutory authority "to reject
any and all bids" does not con-
fer the right to arbitrarily or
capriciously reject any bid. (2s
Op. Atty. Gen. Ss4. Scott VS.. U.
S.. A Court Of Claims 524.)
The National Industrial Re
covery Act does not in terms ap.
ply to the United States. No
act Of Congress is applicable to
the United States, unless the act
so provides. The President is
without power, in the absence of
statutory authority, to make said
act applicable to transactions
with the United States. dollar
Savings Bank v. U. S., 10 Wall.
80; U. S. v. Francis j. Heron, 20
Wall. 275. Guarantee Title &
Trust Co. v. Title Guaranty &
Surety Co., 224 U. S. 1922
The Washington times., 1934-05-26
NAT. SUPPLY CO.
Loss IS CUT

Continuing the improvement be.
gun in the third quarter last year,
the National Supply Company,
manufacturers and distributors Of
oil pipe and drilling equipment,
shows net operating income before
depreciation for the first quarter
this year Of $242,291. In the same
quarter of 1888, 1892 and 1881 the
company operated at heavy losses.
It's business, however, is. still sub.
norma, the first quarter return.
ing final net loss after all deduc.
tions Of $355,771, which is far less
than the losses in the same period
in the past three years.
At the end of March this year
the accumulated dividends on the
s per cent preferred stock Of
Spang, Chalfant & Co., subsidiary.
amounted to $12 share on 129,.
$40 shares, while on the 7 per cent
preferred Of National Supply the
arrears were $l7.50 a share on
166,l56 shares.
Report Of National Supply Com
pany of Delaware and subsidiaries,
including Spang, Chalfant & Co.,
Inc, for quarter ended March 81,
1884, shows consolidated net loss
of $355,771 after taxes, deprecia-
ton, interest and guaranteed divi-
dendS on National Superior Com.
pany preferred stock, but before
dividends on Spang, Chalfant &
Co. preferred stock which were not
declared, comparing with net loss
of $l,009,321 in first quarter Of
1888.
For IL months ended March 81,
1894. consolidated net loss was
$2,l62,410 after above deductions,
compared with net loss Of $685.
1919 in preceding IL months.
Current assets as Of March 81.
1884, including $4,361,851 cash.
amounted to $27,725,199 and cur
rent liabilities were $1.398,003.
This compares with cash Of
$4.860,233, current assets of $28..
790,456 and current liabilities Of
$1.153,705 on March 81, 1888.
Total assets as Of March 81,
last, were $58.764,738, comparing
with $65,769,565 on March 81,
1888, and earned surplus was
$3.257,703. against $5.586,315. In
ventories amounted to $15,896,769,
as compared with $l6,764,367 on
March 81, 1893. Capital stock
consists of 166,156 shares (par
$1,000 Of Z per cent cumulative
preferred and 382,591 shares (par
$3.50 of common.
The Washington times., 1934-05-26
Limit of Power

The President is without power,
in the absence of specific legisia.
ton, to nullify decisions Of the
Supreme Court of the United
States, or existing statutes.
Executive Order No. 6646, dated
March IA, 1894, attempts to null.
lily decisions Of the Supreme
Court Of the United States hold
ing that general language in an
act does not apply to the Govern
ment, by directing that the Ma
tional Recovery Act-and codes
promulgated hereunder - shall
apply to the Government.
If such a chain Of decisions can
be nullified by Executive Order,
then all decisions Of our constitu-
tional courts can be so nullified,
and it would follow that our
courts are no longer subject to
the Constitution but to the au-
thority Of the President of the
United States.
Executive Order No. 6646, dated
The Washington times., 1934-05-26
Sugar Trading Lags
.Dl1rinq I71actiUe Week

The sugar trade spent another
week waiting for a Washington
announcement that would clear
UP many uncertainties regarding
the Costigan.Jones sugar bill,
Consequently trading was at a
low ebb and prices moved in a
narrow range. The weeks trad.
ing resulted in a net gain of /
point.
In the raw market duty frees
early in the week sold down to
2.7S, off 5, and held at that fig
ure with the exception Of two lots
to Southern refiners at 2.78 and
2.S0. A sale Of Cubas, the first
in three weeks. was reported made
to an operator at 1.43, off 4. AS
the week ended. buyers and sell.
ers were nominally S points apart
at 2.7S'2.80. Philippine shipments
for the first half Of May contin.
ued heavy, totaling 53,937 tons.
The Washington times., 1934-05-26
U. s. Contentious

The Government, in its motion
to dismiss, contended:
(l) The bill Of complaint fails
to allege any facts showing any
legal injury to the plaintiff
threatened, or otherwise, on the
basis of which it may maintain
this suit.
(2) The bill of complaint fails
to allege facts sufficient to en-
title the plaintiff to the relief
prayed for or to any relief In
equity.
90 The facts alleged in the bill
Of complaint show that this is
a suit against the United States
and the United. States has not
consented to be sued.
This suit is, in fact, a suit
against the United States. and for
that reason cannot be maintained
without its consent. wells v
Roper, a App. D. c. 276: 246
U. S. 335. Naganab v. Hitch
cock, IS App. D. c. 200, 2o2 US
473. United States ex rel. Gold
berg v. Daniels, 231 U. S. 2l8
Louisiana v. McAdoo. 234 U. s.
627. Belnap v. Schnild, 161 U. s.
10. Oregon v. Hitchcock, 2O2 us.
90. Turner v. United States, 248
U. s. 354. Morrison v. Work, 266
U. s. 48l. Johnston Coal & Coke
Co. v. Wilson, so F. cad 55D.
Compare: Minnesota v. Hitch
cock, 1875 U. s. 373.
The exercise Of discretion in
volved in the award Of contract
by a Government officer is not
renewable by the court. louisiana
VS.. McAdoo, 234 U. S. 627. United
States ex rel. Dunlop vs.. Black,
1913 U. S. 40, 48D
Plaintiff has no legal right
which Is alleged to be infringed
or to be threatened with infringe
ment.
The Washington times., 1934-05-26
For U. s. Protection

A. The statutory requirements
of advertising for Government
contracts are for the protection
Of the United States and not
those dealing with it. (American
Smelling and Refining Company
VS.. United States, 259 U. S. rs
7S. United States, VS.. New York
and Porto Rico Steamship Com.
pany, 239 U. S. 49,
B. In order to maintain this
suit, plaintiff must show that it
has legal right which it is seeking
to protect. (Starring VS.. Frazier
Fed. Supp. 220. See Herbring
VS.. Lee, $50 U. S. IL. Compare
Traux VS.. Raich, 239 U. S. 33. Com
pare rockingham VS.. Mellon, So
App. D. c. At; 262 U. S. 447)
c. An unsuccessful bidder has
no legal right to be awarded a
contract under any circumstances,
Levinson VS.. United States, 256
U. S. 1913. B. F. Cummins VS.. Bur
linson, 40 App. D. C. 500-508
United States Wood Preserving
Company VS.. Sandmaker, 1856 Fed
671, 684-645. Sell also Champion
Coated Paper Company VS.. Joint
Committee on Printing of Con.
gress, AZ App. D. C. 14D.
D. This is especially true where
as in the present case, the plain
tiff's bid did not satisfy the condi-
tions and specifications required
by the advertisement for bids with
respect to the filing of a certifi-
cate of compliance by the Ford
Motor Company.
The bill Of complaint fails to
make out any case on the merits
A. The Government, acting in
its proprietary capacity, may i'm
pose regulations which it might
not he authorized to prescribe
It's government capacity.
ellis VS.. United States, 206 U.
S. 246. See also Atkin VS.. Kansas,
191 U. S. 207. Helm VS.. Mccall,
293 U. s. ITS. Crane VS.. New York,
239 U. S. 1876; Compare Truax VS.
Raich, 239 U. 49,
B. The Executive Order Of the
President No. 6646 is a valid eXer.
else of the authority delegated to
the President by Section 10 (a) Of
the National Industrial Recovery
Act to prescribe rules and regula'
tionS to carry out the purposes of
Title | Of that Act.
The Washington times., 1934-05-26
METAL MARKETS

NEW YORK. May IS G.N.s).-cop-
per buying abroad was in small vol
ume today, due partly to the whit
Suntide holiday: Trade was insuffi'
cient to establish quotation, but
nominal price was in the region of
yeSterday's S.l25 to s.l75 cents q pound
c.i.f. Hamburg, Havre and London.
In the domestic market sales con-
tinued small with Blue-EaEle copper
unchanged at $3.50 cents a pound de.
livered to the end of August.
Holders of secondhand metal and
scrap are finding code interpretations
hamperinC. Scrap prices have dropped
full cent in the last few days.
The consumption outlook for the metal
as whole is not particularly bright,
as steel manufacturers evidently ex-
pect a sharp decline in production.
Lead sales are continuing in good
volume. Since the price reduction to
cents a pound New York and 3S5
cents st. Louis. the market has been
more active than at any time this
year. April statistics show a reduc.
ton in output.
Zinc sales are negligible with pro-
ducers still holding at 4.S5 cents a
pound East st. Louis. The quotation
10 purely nominal
The Washington times., 1934-05-26
UP
FOR PAPERS
IN YEAR

Newspapers obtained 4S.6 per
cent Of the advertisers dollar in
1888, compared with 4e.4 per
cent in both 1892 and 1881, &C.
cording to figures compiled by
the bureau of advertising, Amer
lean Newspaper Publishers ASso'
citation. Magazines last year OBJ.
tanned 31.5 per cent Of the total
expenditures, against 1873 per cent
in 1892 and 37.7 per cent in 1881.
Radio chain broadcasting received
l0.7 per cent, against 11.3 per
cent in 1882 and 81 per cent IN
1881.
OF advertising expenditures in
1888 Of 35l companies, $1l3,440s'
900 was in newspapers, SIS, $685.
626 was in magazines and $22.'
368, ,298 was in radio broadcaSting.
Railroad companies for which
figures are available, show the
highest percentage Of expendi'
lures in newspapers, amounting
to 95.7 per cent. Ten clothing
and shoe companies spent 900
per cent of their total advertising
budgets in newspapers and 81
per cent in magazines. Publishers
spent 90.3 per cent in newspapers
and 81 per cent in magazines.
Eleven tobacco companies spent
SOL per cent Of their advertising
appropriations in newspapers, 1872
per cent in magazines and IT per
cent in radio.
Twelve automobile companies
last year spent $13,050,0O in
newspapers, $6,220,s67 in maga.
zines and $1,549,21S on radio time.
Thirty.three oil companies spent
$l1,275,000 in newspapers, $l,l65,.
289 in magazines and $2,e02, ,494
in radio.
Forty'eight druggists Sundries
companies spent $3.50, 900 in
newspapers, $2,slS,S39 in maga.
zines and $2.419,s 1903 in radio.
Thirty toilet goods companies
spent $6,290,000 in newspapers,
$7,S05,694 in magazines and 49,.
627 1893 in radio.
Fifty-nine food companies spent
$l6,570,000 in newspapers, $l2,.
664,585 in magazines and $6,66l,.
3S6 in radio. The eleven tobacco
companies spent $22,645, 900 in
newspapers, $3,458,O72 in maya
zines and $2,188,298 in radio.
While pointing out that figures
from one year to the next are
not exactly comparable, due to
changes in the companies studied
and in the number of figures
available, the bureaus survey as
serts that there is a marked
strengthening of the newspapers
position in 1888 when pictured in
contrast to the estimates for
1882"
OF 80 trade groups listed in
the bureaus study, newspapers
are found to be the preferred
medium in 26. IN 1882, however,
Of 80 trade groups listed, news.
papers were the preferred medium
in only 10.
The Washington times., 1934-05-26
Too Many Johnsons On Job
So Court Takes Hand

showed that he was at work. At
least some one using his work
card was on the job.
Investigators were assigned to
the case and found Matthew
working under Eppie's name.
Matthew was arrested on a
charge Of false pretenSeS. In
court he protested that he hadn't
meant to do wrong. He just
thought that maybe the EVA
people had mixed up his first
name, because the card had come
to his new address and he didn't
know that another Johnson had
lived there before.
Judge Gus A. Schuldt ruled
that since Matthew had done the
work he should be allowed to keen
the money. and took his personal
bond on the charge,
The Washington times., 1934-05-26

sought to be sold to the Govern
ment cannot be said to be arbi-
trary or capriciouS.
Mr.. Justice O'Donoghue in an
oral opinion from the bench de-
MED the motion for preliminary
Injunction and dismiss the bill IN
each case.
Declaring that Henry Ford Is
"thwarting the National Recovery
Act and defying the Government
to enforce it against his COM
pany," Justice O'Donoghue said,
"The National Recovery Act is an
emergency act, granting wide,
sweeping powers to the Executive.
It would seem unreasonable that
the President should be compelled
to contract with any company, no
matter how wealthy or how power
full. If that company is thwarting
the recovery act and defying the
Government to enforce 1t. It Is
not reasonable that the Govern
ment should be required to deal
with any company blocking this
great act of national recovery"
Plaintiff was represented by
MesSrS. Joseph I. Sherier and F.
Hunter Creech and Hammond e.
Chaffetz appeared for the Govern
ments ....sy,
The Washington times., 1934-05-26
BrGziL's Coffee Crop
To Be l5,523,OOO Baqs

Brazil's 1934-35 coffee crop is
estimated at 15,523,000 bags -
about half of the current crop Of
29,SS0,0 according to advices to
New York Coffee and Sugar Elk.
change.
In addition, it is estimated that
on July / this year there will be
2,000,0e bags still on Sac Paulo
plantations of the current crop,
100000 retained by planters in the
State Of MinaS GeraeS and ap.
proximately 100000 bags Of the
present Sac Paulo crop that has
been dispatched from plantations
but which will not reach Santos
for export by July !. Totaling
the above gives an "exportable
crop" for July /, 1884, to June 30,
1885, Of 20,223, 900 bags.
The Washington times., 1934-05-26

Too many Johnsons certainly
did make a lot Of confusion, but
everything was ironed out in
Police Court yesterday.
It seems that Eppie johnson,
colored, lived in the 400 block Of
Cunningham Ct. s. W. He regis
tered with the Emergency Works
Administration for q job. Thsll
he moved.
And into his old address moved
Matthew Johnson, also coloredD
Matthew had also registered with
the EVA.
Along came card to Eppie to
report to work. Matthew took
the card and worked three weeks,
drawing some $2S in salary.
Meanwhile Eppie. worried at nc
work, went to find out how
eome." Checking the records
The Washington times., 1934-05-26
Low Bid Not All

C. Nothing in Revised Statutes,
Section 3709, requires an executive
officer Of the Government to
award q contract to the lowest bid
der, regardless Of all other consid.
erations; there is no prohibition,
express or implied, preventing the
head Of . Government Depart
nent in entering into a contract
to purchase supplies, from impos-
ing such conditions as may seem
to him desirable to insure that the
supplies purchased are manufac.
tured in compliance with peril
nent statutes, particularly with
the National Industrial Recovery
Act.
D. Requirement in the instant
case that the bidder furnish a GER
tificate Of compliance with the
National Industrial Recovery Act
by the supplier Of the motor cars
The Washington times., 1934-05-26
Principal Produce Markets

spring lambs. good and choice. s1O.5O o
"Not extreme limit Of grade.
pound sacks. Round Whites, U. 8. No.
IL, mostly u.So@ 1.so; Green Noun
sSS'PG.nd No. IL. s.. sacks Ru'''' SuF0ank'' T. s.
spinach-No carlOt arrivals. no cars
on track. Supplies moderate, demand
light. market weak. Virginia. bushsl
strawbsrriss-No CARROT arrivalG no
cars on track. Supplies liberal, demand
moderate, market weak. North arolina,
s?Iquart crates. various varieties. best,
sweet Potatoes-Ne oarlot arrivals: no
mand moderate, market steady. North
Carolina. bushSl baskets. Puerto Ricans.
best. 11.s5.
Tomatoes - Two Texas arrived: .
broken and : unbroksn cars on track.
ripes and turning. wrapped, SKIS and
larger, best. S2@2.50.
Mixed Vegetables-One Florida.
Texas arrived; unbroken cars on track.
rived; 1 unbroken car. on track. sup
plies moderate: demand moderate; mar
ket steady. Florida. bushel hampers,
round stringless, 75c@&1,
Lima BeanS-Supplies moderate; de-
mard light; market steady. Florida.
higher.
Eggplant-Suppliss moderate; demand
moderate; market steady. Florida IL
bushel crates, S1.50Q2.
mand light; market weak. Florida,
oushel baskets. large size. best mostly
around $500:
The Washington times., 1934-05-26
Primary to Settle
N. C.. Sales Tax Fate

= RALEIGH, N. c., May 26 I.N.SO
Result Of the forthcoming Demo-
cratic primary on June 2 will de.
termine the fate of North Caro-.
lina's 8 per cent sales tax with re-
peal of the measure or its reten-
ton for another two years form
ing the issue upon which most leg.
islative races are being run.
The tax, as high as any similar
levy in any state in the country, is
being widely opposed despite the
fact that it Is credited by State Of
ficialS with salvation of the COM
monwealth's credit and institutions,
The Washington times., 1934-05-26
CLOTH MARKET QUIET

NEW YORK, May oS GN.sD.
SnatS S0aF yarn arm. clorns maEkets S experienced
prices for leading constructions showing
little change.
Most buyers continued to display lit
talk of mail order inquiry toward the
close Of the week. the market was ex-
tremely dull.
The majority Of buyers appeared to
take the position that there was little
necessity Of covering at this time on any
except spot needs. since there was moth
ing in the present situation making for
higher prices
The Washington times., 1934-05-26

March IA, 1894, attempts to null
lily Section 3709, R. S. ~. S. A.
c. 1900, respecting Government
purchases. If an act Of Congress
can be so nullified, it can be done
with all acts of Congress and
Congress Is subject to the author
ity Of the President of the United
States.
The National Industrial Recov'
cry Act does not confer upon the
Secretaries power to reject plain
tiff's bids on the ground that il
did not furnish the certificate OF
the Ford Motor Company de
manded by the defendant. (Na
tional Industrial Recovery Act
approved June 16, 1889
The Washington times., 1934-05-26
GOOD CROP OUTLOOK

FORT COLLINS, Colo. G.N.sO.
Barring drouth, Eastern Colorado
farmers should harvest the best
crop in years this fall. A booklet
recently published by the State
agricultural college here shows an
increased acreage in dry beans,
alfalfa. pod peas, potatoes. onions,
winter wheat, cabbage, tomatoes,
lettuce, rye and broom corn.