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ACL TAX DECISION UPHELD BY COURT RALEIGH, March 8.— UP) —The State Supreme Court today revers ed a Buncombe County civil su perior court’s verdict awarding $5. 000 i ndamages against the City of Black Mountain to the estate of Albert Rogers, 15, who was killed on July 29, 1941 when thrown from a tractor-truck owned by the city. The plaintiff’s estate alleged that Rogers met his death “through negligence cn the part of the driv er of the truck, E. J. Ellis, while the truck was being used in main tenance wcrk on the Black Moun tain golf course owned by the city.” Chief Justice W. P. Stacy, who wrote thfe opinion, said that “con cluding that negligence on the part of the driver of the truck has been shown which resulred in the plain tiff’s intestate’s death, still the rec ord is barren of any evidence suf ficient to hold the defendant—the town cf Black Mountain—liable un der the doctrine of respondent su perior.” Justice Stacy concluded that “the driver was not about the defen dant’s business” but was on “a pleasure trip in violation of or ders.” In another opinion, the court up held a Beaufort County superior court ruling awarding the Atlantic Coast Line Railway recovery of $172.86 in ad valorem taxes alleged to have been assessed illegally by the county of Eeaufort and paid under protest. The plaintiff alleged that the county levied ad valorem taxes for the fiscal year 1942 at the rate of $1.27 on each $100 property valua tion, amounting to $19,190.10. The company protested $443.20 it paid into the county’s public welfare fund under the levy. The company charged that the public welfare fund was levied "without constitutional authority, | was not a necessary government al expense, and was not levied with ! the approval of the general as sembly.” Associate Justice Wallace Win borne, however, ruled that a por tion of the eight cents levied for the public welfare fund “is for a necessary governmental expense.” The opinions: Fred S. Ramsey, et als, vs John Ramsey, et als, Madison, new trial Roberson vs Abbitt, Martin, no error. Mrs. Joseph A. Neal vs Wacho via Bank and Trust Co., and Jo seph A. Neal vs Wachovia Bank and Trust Co., Forsyth, reversed. I -V FATALLY BURNED MORGANTON, March 8—GP)— Twelve-month-old Gerald Yelton, son of Mr. and Mrs. A. C. Yelton of Rt. 1, Morganton, was fatally burned when a washtub of boiling water overturned on him. -i Religious Forces Said Important In Winning And Securing Peace GOLDSBORO, March 8.— Ml — Former Governor Clyde R. Hoey, a candidate for the U. S. Senate, said fcere tonight that the religious forces of the world can and will play an important role in winning and securing, “in the long future,” a lasting peace. Hoey delivered a non . political address at a meeting of the men’s Presbyterian Club. He asserted that the church has been passing through a critical pe riod. “In some branches of the church the spirit of pacifism de veloped into alarming proportions and reached the point where some devotees were willing to say that America should never fight, under any circumstances.” Declaring that “America and her Allies are fighting a defensive war,” Hoey said that “it is nec essary for us now and then to be come aggressive and to carry the war to lands of the offending na tions in order to make a peace and security for the future.” COMBAT PAY BOOST WASHINGTON, March 8—(A5)— A out which would provide a 50 per cent increase in pay for per sonnel of the armed forces who are engaged in combat was in troduced today by Representative Weiss (D-Pai. Files of the Red Cross show the -rgar.ization halped 2,500,000 ser vicemen and their families through home service in 1943. BEACHED WHALES BEGIN TO DECAY CHARLESTON, S. C., March 8. —UP)—The 5 beached whales on nearby Bull’s Island have ceased to attract the eyes of the curious and appear now as if they wilj. be in the public nose for a while. The huge blackfish mammals were stranded on the beach after an exceptionally high tide last week. All was happiness at first. The Coast Guard, which has a sta tion on the island, was delighted with its find. Local scientists wane intensely interested. The wildlife refuge men stationed at the island had nature playing right into their hands. Fertilizer men in the vicini ty were intrigued with the idea of nrnfi+o from the sea’s 21ft. Now it’s different, for the whales have begun to decay—and the Coast Guard admits it’s sick of the whole affair. The scientists have looked and measured and taken notes and left. The wildlife refuge men are busily looking for takers of the large carcasses. But the fertilizer men say they’ve washed their hands of the plan to salvage the whales. Bull’s Island is inhabited by only one family, who live several miles from the beach where the whales are. But the Coast Guard mounted beach patrol has a post nearby. So the Coast Guard is primarily in terested in getting rid of the mon sters. The Coast Guard said today there seemed but two recourses: (1) Dig a pit and bury the whales; (2) Haul the bodies to sea and cut them loose. The latter seemed more feasible, Coast Guardsmen said, since it would not be possible to dig a deep pit in the water-pillowed sand. They said the floating whales would not cause a navigational hazard, and though a few of them might drift back on the island well, a few couldn’t smell as bad as €5. The Coast Guard emphasized, however, that it had not accepted responsibility for solving the prob lem. -V 7 Community Hospital Nurses Are Graduated The commencement exercises at St. Stephen A. M. E. Church at 8 o’clock Wednesday night, brought to a close the graduation exercises of the Nurses’ Training school of the Community hospital. Seven nurses received their diplomas which were presented by W. D. McCaig, chairman of the Board of Managers. Dr. L. W. Upperman was the principle speaker and urged the graduates to go forward in their profession. He stated that all prog ress in the world had been caused by man’s dissatisfaction with his condition. Fitting andi timely remarks were made by Dr. F. W. Avant and Mc Caig. Pins were awarded by S. Taylor, superintendant of nurses. The graduates were B. Fair, D. Evans, H. Holmes, V. Jackson, F. Johnson, I. McNeil, and M. Wright. V. Jackson was the recipient of a scholarship of $200 to study pedia. tries at Columbia University. This scholarship was presented by Dr. S. James Gray, member of the medical staff of Community hospi tal. Railway Mail Group Is Labor Organization, New York Court Rules ALBANY, N. Y., March 8—(/P)— The appellate division, third de partment, reversing unanimously a supreme court decision, held today the railway mail associa tion is a labor organization and is bound by state laws against racial discrimination. The association, made up of railway postal clerks, “comes clearly within the statutory defi nition of a labor union,” the high er court ruled. Claiming it is beneficial insur ance society, not organized for the ourpose of collective bargain ing, the association contended it had a right to limit membership to persons of the Caucasian race, or a native American Indian. The association, the appellate division said, has been a member of the American Federation of Labor since 1917 and “takes cred it for having secured many ma terial benefits financially and in working conditions.” -V Musical Vesper Service To Be Held At First Christian Church Here A Musical Vesper service will be held at the First Christian ahurch, South Third and Ann streets, Sunday at 5:30 p. m., as a part of the special series oi sacred musical programs each Sunday during March, it was an nounced Wednesday. The feature of the service Sun day afternoon will be the Norft Carolina Shipyard Glee Club, which will render a number oi selections including favorite ole hymns of the church. The Glee club is under the direction o: Arthur John and is noted for its outstanding performances ovei WMFD each Thursday at 7:3C p. m. Geoffrey O’Hara’s composition, “The Living God,” will be sung by Miss Azalene Southerland, so prano soloist and choir director oi the church. Mrs. Louis E. Keith will be or ganist for the entire program. The public is invited. ITALIAN GROUND FIGHTING QUIET ALLIED HEADQUARTERS, Naples, March 8— Ufi —German forces opposing the Allied beach head below Rome were reported today to be regrouping their strong resources of men and ar mor possibly in ppreparation for a fourth major drive against a se lected point in the Allied defenses. A headquarters spokesman said the Germans “appear to be on the watch for any opening in our for ward positions.” It was two weeks ago today that the Nazis launch ed their third costly assault on the beachhead and saw their total casualties in that area mount to 24,000. Lowland mud and mountain snows held ground fighting to a minimum throughout Italy yester day while Allied heavy and me dium bombers blasted the Toulon naval base in southern France and railroad yards and airdromes at Florence and Rome. Photographs showed hits on a munitions factory at Toulon, and several warships anchored there were thought to ave been dam aged. The Allies flew 1,300 sor ties in all and lost five planes while destroying an equal number of enemy craft. While.no change in ground posi tions was registered either around the beachhead or in the Cassino sector, opposing troops engaged in many fierce machine-gun and mortar duels. It was disclosed that New Zealand artillery had gone in to action south of Cassino. ^bob .An Allied headquarters cnr^ mque, stressing the stalem*> ground fighting, said “heavl 1,1 in the mountains and deer, ^ m the valleys have made a?™"11"1 ments difficult.” m°ve. WALKOUT ENDS HENDERSON, March a A walkout involving ly 325 CIO unionVr^ Harriet Cotton Mills here e ih* this afternoon and operation"^ f sumed with the night shiTa/e' I o’clock. ai 6 I EASYto make with DUFF'S HOT MUFFIN MIX HOMEMADE nut bread—so easy a child 1 co:' make it—so good that grandma herself never baked any better. Direc tions on box. on the FLAVOR SAVER parade WHEN IT RAINS IT POURS GET ALL THE COFFEE PLEASURE FOR WHICH YOU ARE PAYING! Yes, change now to A&P Coffee..< the coffee that is America’s favorite year after year. That’s because A&P Coffee is the pick of plantations... because it’s sold in the roaster-fresh bean to protect the full, rich flavor <. . and because it’s ground only when you buy—and then Custom Ground to "fit” your very own coffeepot! Every pound is guaran teed to give you finer, fresher flavor> in every cup. Pre-ground coffee,1 days or weeks old, cannot possibly give you this real coffee flavor. ^There’s a blend of A&P Coffee j to suit your taste. 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