davidaulloa/AmericanStories huggingface dataset:
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03
LEWIS SLAYER


CONTINUED from page /
the plea.
The case was referred to the pro-
baton department by Judge Stein.
He will be sentenced next week,
Hale. who was employed by Lew
is at the office OF the Goodwill AM
bassador. 5417 Hastings street
shot Lewis November IL. The edit
or died November II. In Receiving
hospital.
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03
CHARMING

CONTINUED from Page
Louise Briscoe Of Chicago. Mrs.
Joyce White, Mrs. Lee, Mrs. LOOMS
and Miss Mary Penick. Mrs. Pearl
Penick. Mrs. Harris Is Delta from
Chicago.
Deltas who came smartly dressed
and wearing corsages OF golden
baby buns and roses held together
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03
Able WALLACE
(Cortinued from Page s.
ahead and take IL up.

ab'- 49, t.&' - tI@
: els the condition natural
tina, causes my Mid 70 think very
strongly q G II. and feel as though
7 have heavy heart when DO,
should ignore him these
thoughts,
Ans: There Isn't anything
wrong you just met again and
naturally you would give. him some
thought. Stop Worrying and II he
seems Interested you might sc-
knowledge -ame. You Will not feel
this way very long for someone
else will come between you
y does MY lex sweetie love
ne more ;1an M husband,
Ans: No. he doesn't II Your
husband gets wind 81 your making
friends you Will be minus good
husband. Live true ~ your has
hand or call II quits for You won't
ever he happy II you Insist on ha,.
Ing both.
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03
SENATOR DICCS


(Continsed from Page -
Will aac-y, 4. We have a cut Of
your plc.Gre that could be used
nth eech " your articles.
In expectation 0, an early reply,
~, Us repeat hearty cong.atula-
lions ana new success on your re-
e.ee,ion
Very sincerely yours.
". Tedleiow Kusho~ki
S-epaia So~lnski
Ec.'ors
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03

Dental Lab. man wanted. First
class and experienced. Personal In.
ter,kw or write Dental Laboratory.
s52 y Warren. Detroit. Mich. ....
The Detroit tribune. (Detroit, Mich.) 1935-1966, 1938-12-03

ton OF the new church. Magnolia
Simms Is church reporter.
Included among last weekend
visitors In Inkster were Mr.. and
Mrs. Elan and daughter who were
guests at the home OF Mr.. and Mrs.
William Maxfield. 1852 Farnum
street, Middle Belt.
Mrs. A. b. Morrison OF 35la
Hickory street has returned from
a two week stay In Greenville. S
G. visiting her mother-in-law and
sister.
Second Baptist Church
The Second Baptist congregation
, enjoyed a powerful service Sun.
day morning. The pastor Rev. o
Il. Jones delivered great sermon
Subject. 1.-The Weeping Sewer and
joyful Reaper" Pisa. 1926: 6 He said
There is not much Joy In sowing
in most cases he who soweth, SOW
eth In weeping. Joy comes after
sorrow and II you have no crosse,
you need not look for a crown
Under the cross OF Christianity
you will obtain a crown"
One was added to the church.
In the afternoon. the choir rem
dered a special program. Rev. w
l.. Douglas. the assistant pastor
delivered very interesting ser
mon. Subject Perseverance.
Text Rom. S:35-39.
The night service was also up
lifting. A few remarks were made
by the pastor. Reports for month
from the auxiliaries were also
made. Many visitors were present
Miss Christine Whitner, church
reporter.
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

Bertha Hackgarth 10 III Wa
terbury Building and Loan
Association, Inc.
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16
Courts to Arbrate Controller Claim for Legal Expense

SsSl; Practice Book, p. aOS, Sec
ton co."
I am therefore Of the opinion
that your honorable board can
not legally recommend the pay
ment OF the claim OF Mr., Rowland
for counsel fees, but believe that
legal costs are q proper claim
against the city because IL Is n
matter In which the city had an
interest and because II Is discre-
tionary with the court 10 allow
such costs,
wish TO inform your honorable
board that had O conference
with Richardson Bronson, attor-
ney for Mr., Rowland, and we have
agreed that the best way TO de-
termine, whether or not the City
Of waterbury Is legally Indebted
to Mr.. Rowland for the counsel
fees incurred by him In the mat
ter heretofore referred TO, would
be 10 have Mr., Rowland bring an
action to the superior court and
have the question submitted 10 o
Judge OF such court on On agreed
stipulation Of facts. II the court
renders Judgment for Mr., Row.
land, then the city must pay the
Judgment. II the court decides
that the city Is not liable for the
counsel fees In the case OF Rowland
vs.. Hayes, then I have agreed TO
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16


appointment Of employees IN the
comptroller's ONCE.
I'm the case Of IEotchkiss VS.,
plunkett heretofore referred TO,
which involves employment OF
counsel to defend an injunction
brought against employees Of
board of education. the court held
school districts are quasi corpor-
atoms OF o public nature, with
limited powers, strictly defined BY
statute, and they have no right 10
raise money BY assessment and
appropriate the same 10 purposes
not within the scope Of those
powers,
I'm order 10 justify expenditure
Of money BY O municipal corpora
ton In the idemnity. OF one or any
Of It's otilcers for q loss incurred
In the discharge OF their offioial
duty, three things must appear
First, the otfieer must have been
acting In q matter In which the
corporation had en- interest Sec
ond, he must have been acting In
discharge Of o duty imposed or
authorized by law, And third, he
must have been acting In good
faith. II the cause OF action set
forth In the complaint Of the At
waters against Carmalt, O'Brien,
Adler and Hewlett comes within
these conditions, then II would be
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

lawful for the school district 70
assume the defense.
~ wish to call 10 the attention
Of your honorable board, that uil-
der the charter the corporation
counsel Is the legal adviser Of the
city and Is the only person vested
with the power to employ extra
counsel for the city, with permits
sion from the mayor.
1.-THE suit OF Rowland VS.. Hayes,
upon which the claim Of Mr..
Rowland Is based, was an action
asking for q deolaratory judg-
Inent.
In the case Of the West Haven
Bank and Trust Company vs..
David ]. Mccoy, executor, OF ais,
reported In lit Connecticut 489,
on page 400, the court held, Err.
ror Is claimed In the refusal OF
the trial court to allow counsel
fees, The complaint does have
some OF the aspects OF an action
OF interpleader, but II contains
no claim for judgment that the
parties interplead, See Practice
Book, P, sos, Form 100, 1t does
ask for q declaratory Judgment
and we must treat II as an action
therefor. Neither the statutes
nor the rules provide for an allow
ance Of counsel fees IN such ac-
tions. General Statutes, section
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

payment, the expenses Mr.. Row.
land sustained as q result Of said
trial.
The facts are we'll known, so
that 1t Is not necessary to re-
peat them In detail, except to
state that the supreme court, In
It's Interpretation OF the charter
concerning this question, stated
the charter does not expressly
grant to the mayor or the con-
troller the power to appoint em-
ployes In the controllers office.
but that the implied power of
appointment is vested in the con-
troller. but that the power of de-
termining the compensation and
removal Of such employees for
cause, Is vested in the mayor.
When the controller brought the
action above referred to. he was
not a city official, although he
was elected to the office of con-
troller and would assume the 'du-
ties of the controller the follow
ing January. I am advised that
Mr.. Rowland did not obtain, nor
did he request the permission from
your honorable board, or from the
board of aldermen, to hire coun-
sci, to test whether he as con-
troller, or the mayor, had the
power to hire employees in the
controllers Office, nor was there
any vote passed by either board
authorizing him to employ such
counsel.
II mention these facts because
Mr.. Rowland has stated, in his
communication to your honorable
board, that he was advised that
the case Of Hotchkiss VS.. Plunkett,
so Conn. 234 substantiates that a
public ofiicial may be reimbursed
for this type Of expense, and that
this would justify your board In
recommending the reimbursement
which he was obliged TO make In
determining his power under the
charter.
II do not agree with Mr.. Row
land, or his adviser. that the case
Of Hotchkiss VS.. Piunkett hereto
fore referred to. suhstantiates the
contention OF Mr.. Rowland. that
your honorable board could legally
recommend that he be reimbursed
for the legal expenses he incurred
In order 10 determine his power Of
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

Bronson q Epson, with protest He
attacked the opinion and repudiated
an agreement between the corpor-
alton counsel and his lawyer, Rich
Rrdson Bronson. which was that the
matter should be taken 10 court for
adjudication.
No Approval
The corporation counsel, IN a
long opinion, cited that Mr.. Row.
land was not public ofiieial when
he went TO court to obtain the
decinratory judgment against Mayor
Frank Hayes last year by which he
sought determination OF whether he
could Dust II employees IN the once
OF the former controller, appoint
his own stan, He pointed out that
the corporation counsel Is the only
person who can hire legal services
for the city, and further that Mr.,
Rowland had not sought approval
Of bis court action from the board
OF finance or the board OF aldermen.
He held that Mr.. Rowland could
not legally be paid by board OF
finance approval, In his opinion, al
though he cited that he might be
wrong"
For this reason Corporation
Counsel O'Connor told the board, he
had conferred with Attorney Bron.
son, Mr.. Rowland's attorney, and
the latter had agreed that the best
method would be 10 take the matter
10 q Judge.
II haven't made any agreement
with Mr.. Bronson yet" the con.
troller protested. II want 10 state
that q greater portion OF the fee
was incurred In 1898 when I was q
public ofiieial and when this thing
was appealed. That caued the great
or part OF this debt. I'd like 10
know how the board members feel
about the equity OF this thingq"
Commissioner John II. 0oss: IN
fortunately equity doesn't make the
point at law. The corporation coun-
sci Is our legal counsel. The sug-
gested method OF procedure has been
worked out with your counsel. There
seems TO be conflict between equity
and law and you ought to talk this
over with your counsel.
Rowland: This is q pretty difficult
matter. You ask public official TO
go out and incur expense.
No Argument
0oss: There's no use In arguing
about II. You asked my opinion and
gave II to you. ] sympathize with
you but don't see what other course
you have unless you want to go to
the general assembly and get q
special act passed TO pay your
counsel fees.
Rowland: How about you Harleyp
(To Commissioner Harley W.
Tripp)).
Trip: How much would 1t cost
TO 60 to court? 1t seems to- me
that this would relieve the board
Of responsibility.
O'Connor: Because the controller
might feel that I was preiudiced, I
talked the matter over with Mr..
Bronson and agreed to waive the
costs to which I'm entitled, If my
opinion Is upheld, to show my faith
in the matter.
GoSs: How much?
Rowland: That means I have to
go out and hire an attorney.
Trip: How much?
Rowland: Not over 5000.
Commissioner Major w. Judge:
If the bill is reasonable, this part
should be paid. But owing to your
failure to come before this board
for approval there seems some ques-
ton about 1t.
Rowland: I didn't know it was.
going to be appealed.
O'Connor: In similar case in the
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16
CITY PREP ARES
BUDGET FOR 80.
All Departments Ordered
to Submit Estimates By
October |

City departments must present
their first estimates In preparation
for setting up Of the 1899 budget BY
the first Of October, Commissioner
John II, Goss told the board OF
finance at yesterdays meeting, And,
saying that 0riffenhagen a. Asso-
ciates had been hired at a $4,000
pre-month fee for this purpose pri-
marily, Commissioner doss moved
that another $4,000 be set up to
care for the october cost Of the
financial STAFF now engaged In an
economy program In cooperation
with the board and city apartments,
This was passed and departments
will be notified by City Clerk John
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

waive any costs that / am per-
sonally entitled to under the
charter,
Very truly yours,
Charles O'Connor,
Corporation Counsel
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16
Corporation Counsel
Rules Rowland Should
Pay Legal Expenses
Finance Board Sympathetic With Controller, But Hold
Action Taken Without Approval Com.
ments Made at Yesterdays Meeting

West Haven Bank q Trust COM
pany, the supreme court ruled
against such payment recently. Tn
acting In good faith, waving costs,
It appears that Mr.. Rowland Is
not satisfied.
Rowland: Naturally notl
Expected Payment
Judge: Tn In favor Of having
you reimbursed but I believe the
corporation counsel Is very fair and
Is giving an unprecedented ruling on
our position In the matter. Did you
expect 10 be paid by the city when
you started the nction9
Rowtand ! don't feel that I have
to be apologize about this. did
It as q public ofiloial. The court
action was taken In the interest of
the taxpayers and citizens. I have
an efficient STAFF and we've effected
economies.
The controller continued heatedly
TO protest after this questioning OF
three OF the Republican board men,
bers have developed that the board
favored adjudication OF the matter
In court, looked favorably on pos
sible payment OF this court fee. He
and the corporation counsel APP
peared about TO be involved In argu-
ment. The controller also snarled at
Commissioner Judge about what
Rowland termed criticism"
Then, apologetlcally, he remarked:
Thought I'd Just get your views on
the matter.
or To Convention
A few minutes later, Controller
Rowland asked the mayor II he
might be excused
Going out OF town." he told his
spokesman, James p. Purcell. "You
take care OF the sheets warrants
payable sheets).
Then he left for the Republican
state convention OF New Haven.
Next" suggested Mayor Hayes,
and the meeting continued without
Mr., Rowland,
Corporation Counsel o'Connor's
ruling follows In full;
Oentlemens-~
The communication OF sher.
wood L. Rowland, city controller,
addressed 10 your honorable board,
requesting that he be reimbursed
for attorney and legal fees In
Cured by him In order 10 obtain
On Interpretation OF the charter,
as 10 whether he, as city eontrol-
Ter, or the mayor had the power
OF appointment OF employees In the
controllers office. which your hon.
orable board has referred 10 mo for
On opinion, has been received.
wish first to state that the
charges for the legal services and
court costs incurred by Mr.. Row.
land as O result OF the trial In the
superior court and the appeal TO
the supreme court In the case OF
Sherwood L. Rowland Va Frank
Hayes, are reasonable,
The only question that confronts
your honorable board Is whether
your board can legally approve for
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

Controller serwood L. Rowland
polled some Of the Republican
membership OF the board OF finance
yesterday and found sympathy. But
he found too, criticism II his action
In understanding litigation over his
rights TO hire and fire In the con-
troller's ONCE before assuming that
ofilce and without approval OF eth
er the board OF finance Of the
board OF aldermen.
Thus, he received the opinion Of
Corporation Counsel Charles s. o.
Conner, as requested by the board,
questioning legality Of payment OF
81 ,S20.25 fees TO Bronson, Lewis,
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16

p. Fitzmauriee that they should pre-
pare their estimates.
In this connection, the board re.
ceived q communication from the
board OF aldermen requesting an OUT
line, or tentative budget estimate
not later than November 10. The
charter requires that the aldermen
shall have the budget by December
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16
Late Realty
News
warranty Deed

warranty Deed
Waterbury Building and Loan
Association, Inc, 10 Bertha
Hackbarth, property on middle
sex street,
Raymond II. Gaylord 20 Will
lam and Mildred Hoovel, prop
erty on Gaylord drive.
The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1938-09-16
BUILDING
PERMITS

The following permits have
been issued by the office Of
Building inspector Patrick Car
lin:
Jessie Fisk LathrOp, 10 erect
n garage at 81 Melrose avenue,
$500.
Fannie Margolls, 10 make store
front alterations at saS North
MalM- street, $500,
John Hartnett and others, 10
erect vcranda and make interior
alterations at 80 Lounsbury
street, $500.
Frances CastelanO, 20 erect one
family dwelling on Douglas ave-
nue., $500.
william Wynn, 10 erect one
family dwelling on Grace ave.
nue., $4,000,
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
BOND REMINDING PLAN
APPROVED BY BOARD OF
COMMISSIONERS MON.
Continued from Page One)

Continued from Page One)
first two years, $75,OOO.OO for the
next five years, $85,OOOOO for the
next five years, $95,OO0.OO for the
next five and $1O0,0OO.OO for the re-
naming time.
The present tax levy, with val
uation of around $4,OOO,OO0.OO and a
tax rate of $1.40, is a little over
100000. In 1920, the county at
torneys explain, the tax levy was
$103,000.00 and the average for the
years 1926 through 1882 was over
$2O0,000.O0. During those years the
total valuation ran approximately
$12,0OO,0O0.OO. Since 1882 the av-
erage levy has been about $780,
100000.
Under the plan the levy for the
first IL years probably would not
have to exceed 100000 unless ad-
ditional operating expenses were
added and for the entire 80 years.
the amount would not exceed $780,
10000.
The plan also provides that at the
option Of the board of commission
ers the county will have the right
to purch base bonds any time during
the 81 years at the lowest market
price and provides for tenders to be
made by bond holders at the lowest
price they will accept and that no
money shall be used to pay any
bonds until all offers to sell bonds
at lower price have been made.
This provision, the commissioners
state, is one of the best features of
the plan and will protect the county
against paying and more for bonds
than the market price or from pay
ing to any holder any more than
some one else is willing to accept
for bonds.
All bonds purchased at a price
less than par will be retired and
the county thus save the difference.
The plan provides for the estab-
lishment of a special depository of
the funds to be paid on bonds
each year and that this money can
not be used for any other purpose.
According to the local Govern
ment Commission, in 1888 there
were 81 counties in the state which
were IN default in the payment of
principal or interest or both. Since
that time large majority of them
have refinanced their debts.
1t is estimated that it takes at
least three to six months to get a
refunding plan through.
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
john R. Coward
Placed Under Bond
Trial Set For Feb. 20. Several
Things Taken From Night
Officer Ashley.

Tuesday John R. Coward, of
Nathan's Creek, was placed under a
bond Of 5000 on charges of holding
an officer and interfering with an
arrest. Trial was set for Febru-
airy %.
The case was the outgrowth of
a. rather unusual incident which
took place here about ! o'clock
Sunday morning in which two we'll
known Coward men, F. L. and John
r., took Night Officer Ashley's
blackjack, fashlight and his cap
away from him and carried them
home with them.
According to the officer, f. L.
Coward was placed under arrest in
the street in front of the First Ma
tional Bank for public drunkard-
ness. Ashley stated that he and
F. L. had started towards jail when
suddenly John r. Coward, who was
nearby, grabbed and pinned his
arms behind him and L. P. took
took his blackjack, baShlight and
the cap and the two got away from
him. He said that he then went up
TO Patrolman Thomas home and got
him to 60 with him to search for
the two men, but they were un-
able to find them
An uncle of the two men is said
to have returned Ashley's posses
sions Sunday afternoon and then
Tuesday John r. came to town and
told friends that he was merely
trying to stop scuffle between of
ficer Ashley and his brother and to
prevent any shooting. Another
warrant has been issued for F. L.,
but it is reported that he has re-
turned to the midwest where he
has been living. Neither of them
have ever been in any trouble in
the past, it is said.
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
HUSK GIRL HONORED
AT LEES-McRAE COLLEGE

Banner Elk, N. c. Feb, z, ,(Spe-
ciaD Mary Hartsog, senior from
Husk, was named on the Lees-Mc-
Rae College honor roll for the scho-
lastic work of the second quarter
and first semester, according to Leo
K. Pritchett, dean and registrar of
the College.
Miss Hartsog is vice-president of
the Christian Association and of
Phi Theta Kappa, honorary scho-
larship fraternity; secretary of the
Student Council, and member of
the Glee Club. Home Economics
Club, and Sullivanian Sorority
She is graduate of Lansing high
school, where she was president of
the senior clsss and s1lutatorian.
She is the daughtcr of Mr.. and
Mrs. c. E. Hartsog, Of Husk.
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
Poultry Raisers
To Meet Feb. d
Instructive Meeting To Be Held
AT Wilkes. Courthouse. Ashe
Is Invited.

A number Of poultry raisersN in
Ashe county are planning to attend
the one-day poultry school that will
be held at the courthouse in Wilkes
boro on Monday, February 21st,
which will be conducted by C. F.
Parrish, extension poultryman at
State College, County Agent c. J.
Rich stated this week.
"An interesting and instructive
program will be given at this pou-
try clinic and every one is invited
to attend" Mr.. Rich said.
The program scheduled is as fol-
lows:
1000 to 1890 Getting off on the
right foot with poultry, G. F. Par
rish.
1920 to Market needs of
North Carolina, T. T. Brown.
100 to 11:30-Some reasons why
chickens die, r. S. Dearstyne.
1870 to 1900 Suggested breed
ing program and some results OBJ
tanned, c. J.. Maupin.
1900 to 1:0O-Lunch.
LOO to 2:O0-Round table discus
sion.
200 to Disease clinic and
demonstrations in egg grading.
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
School
Selected Students
For Tournament

Lansing, Feb. 7.-Lansing high
school will send ten students to
take part in the Language and For
ensic Tournament which will be
held at A. S. T. c., Monday, Feb.
IA. The tournament is being spon-
sored by the Appalachian High
School Association.
The following students were Sc
lected from the high school to par
ticipate in the events of the day:
Competitive English Tests: 9th
grade-James Roe and Madge Kill
by; 9th grade-Durphy Sexton and
Josephine Weaver; 10th grade
Paul Chapel and Mary Campbell;
18th grade-Edith Sturgill.
Defamation Contest: Clifford
Koontz of the 18th grade.
Interpretive Reading Contest:
Pauline Virginia Weaver of the 9th
grade and Mary Shepherd of the
18th grade.
The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1938-02-10
JEFFERSON ALL-STARS
DEFEAT N. WILKESBORO

Last Friday night, before a large
crowd, the Jefferson Al-Stars de-
feated the North Wilkesboro All
Stars at North Wikesboro, by a
score of 1920, thereby avenging a
previous defeat.
Penny Gaines and Joe johnson,
forwards, paced the winners, with
eight points apiece. Playing a. ster-
Ing defensive game, the lads from
Jefferson held a decisive lead
throughout the entire contest. Out
standing on the defense was Lewis.
With Johnson's deadly long shots
and Gaines accurate pivot shots.
the Jeffersonites were never, in
danger and scored convincing
win. The players for Jefferson were
johnson and Gaines, Forwards.
Eller, Center, and Walters and
Lewis, guards.