Newspaper Page Text
PAGE EIGHT
DOUGHTON OUTLINES
VIEWS ON TAX PLANS
(Continued ‘P_r; Page One)
President’'s message.
Doughton said he regarded the
corporation tax proposal as . ‘‘fun
damentally sound,” adding:
“There is no tax under heaven
‘but what somebody is going to
&)bje(-t to on grounds it will de
troy some business,”
' The corporate levies, he ‘con
tinued, would give ' the govern
ment money it is entitled to with
ont working undue hardships on
corporations.
YOUTH KILLED
BLACKSBURG, 8. C. — (P —
Robert Bishop, 23, of Chester, was
killed and Leonard Smith, 24, of
Gaffney, hurt when an automobile
craghed through a bridge rail and
dropped 60 feet to railroad tracks
near here Wednesday. i
Find
Out
From Your Doctor
if the “Pain” Remedy
You Take Is Safe.
Don’t Entrust Your
Own or Your Family’s
Well - Being to Unknown
Preparations
BEFORE you take any Fregara
tion you don’t know all about,
for the relief of headaches; or the
pains of rheumatism, neuritis or
neuralgia, ask your doctor what he
thinks about 1t —in comparison
with Genuine Bayer Aspirin.
We say this because, before the
discovery of Bayer Aspirin, most
so-called “pain’ remedies were ad
vised against by physicians as being
bad for the stomach; or, often, for
the heart. And the discovery of
Baver Aspirin largely changed
medical practice.
Countless thousands of people
who have taken Bayer A‘slpirin year
in and out without ill effect, have
proved thal the medical findings
about its safety were correct.
Remember this: Genuine Bayer
Aspirin ils rated among the faslest
methods yet discovered for the relief
of headaches and all common pains
... and safe for the average person
to take regularly.
You can get real Bayer Aspirin at
any drug store — simply by never
asking for it by the name “aspirin”
alone, but always saying BAYER
ASPIRIN when you buy.
Bayer Aspirin
Extra Nitrogen in
“ARCADIAN" with an
extra cash value as
high as 887 perton
R
L 3 "
e
R H
L. B L
b 3 £
& ~ .
ST
&
ey
e :
et 1 )
el
B &F-.-
0 B g
G ey NN € s
,‘.,S.‘. ; %..Q_-.'.(_‘
ey P PRSP N
C ] T
" & f;‘»’,
When Southern farmers buy
Nitrate of Soda they wont
Nitrogen, the “growth element”,
ond they want all they can ge!
for their money.
The Department of Agriculture
end Immigration of Virginia,
ofter official tests, reports that
ARCADIAN, THE AMERICAN NITRATE
OF SODA contains extra nitrogen
over the 16% guaranteed with
on extra cosh valve running
as high as 88¢ per ton.
This is good news for farmers. For
Cotton, Corn and also for all other crops
ARCADIAN, THE AMERICAN
. NITRATE OF SODA
brings the former big value Big valve
i exira nitrogen. Big volue in crops.
'\“.\nwfifiv
O
“SOUTHERN i AT
FERTILZERS FOor (& soa M%)
THE SOUTHERN A ’!E ‘s‘
FARMER" T A G
SO
00l 1 -
. . . -4
ARCADIAN, THE AMERICAN
NITRATE OF SODA
FOR SALE BY
Hodgson Cotton Co.
PHONE 1080
286 OCONEE STREET
,! Fortson Upholds Right of |
' Congress to Aid Farmers|
In Debate Here Last Night |
(Continued From Page One)
introduced the speakers.
Mr. Wright declared that the
AAA ‘decision “will preserve the
ideal American government as
guaranteeing the right of the indi
vidual to have his property se
cured to him against its confisca
tion in the guise of taxation, to
be disposed of as a gift or bounty
upon some class of the citizens
who, for the time being, may hold
political supremacy. 1 cannot es
cape the honest belief that, in
prineciple, it is no less than rob
bery for a government to take
from a portion of its citizens, by
force and under the guise of tax
ation, the property for which they
have labored, and which they
have accumulated by frugality and
thrift, for the express purpose of
giving the proceeds to others who
are politically powerful,”
Congress MHas Power
The Athens jurist asserted that
congress already legislates aid for
other industries, including the
tariff for the benefit of the manu
facturer, and that its right to en
act legislation for the benefit of
the farmer upheld by the minor
ity opinion in the AAA case,
should not Le abridged.
“Other interests in the nation,
including the textile industry,”
Judge Fortson said, “have pros
pered and grown great by using
powers delegated to congress,
while agricultere has progres-i
sively declined.” *“lt would be
grotesque,” he said, "if the Con
stitution which authorized the
national government to bring
about this inequality, did not con
tain provisions which authorize
the national government to cor
rect it."” 3
Both ' speakers emphasized the
necessity of public support of
decisions once they are made, due
to the fact that ‘“under our sys
tem of government we wmust have
some final authority to determine
whether a law violates the Con
stitution.” But Judge Fortson
pointed out that the supreme
judges “have never claimed infal
libility” and they may, ‘‘as one of
themn has recently said, ‘falter and
be mistaken,’ and they have on
more occasions than one reversed
their former rulings.”
“Hence, if thelr judgment in a
case of such far-reaching import
ance as the AAA is in the opinion
of any citizen erroneous, if it
mistakingly denies to agricultural
ists benefits from the national
gevernment which the Consittu
tion permits congress to bestow,
it is both the right and duty of
that citizen to point out the
error in the hope that it may have
some effect in bringing about its
correction "
Province of Court
Judge Forotson pointed out that
“it may be well to recall that it is
not the function’ of the court in
passing upen the constitutionality
of an aect of congress to say
whether the law in question is
wise or sound or vicious or expe
dient, but merely to decide wheth
er congress has the right under
the Constitution to enact it. I say
this because there is a tendency
in many quarters to regard the
court’ as a council of elder states
men who can exercise a veto
power over any act of congress
the judges believe to be not in the
public interest.” ! .
l\ . In expounding the majority opin
icn of the court, which destroyed
the AAA, Mr. Wright declared
that up to a certain point the
opinion of the judges was a vic
tory for the present Democratic
administration of the national
government, because -the court
recognized the existence of broad
povers in the federal government
under the “general welfare” clause
es the Constitution, but that the
AAA was finally declared invalid
upoin the ground that the process
ing tax was unconstitutional,
since it took money from one
grcup and gave it to another; in
short, that it was not a tax in
the general meaning of the term.
Mr. Wright admitted that the
ma.crity cpinion espoused the
Hamiltonian view of broad powers
dor congress, yet it applied the
Madisonian states right view, “It
is impossible to reconcile,” he
said, “the final conclusions reach
ed by a majority of the court with
its: adoption of the Hamiltonian
view, for it seems to me that it
must logically follow that if the
view be adopted that congress
may tax and appropriate for the
general welfare, within its discre
tion, taxation and appropriation
[for the relief of agriculture must
be wvalid, if congress has so de
clared.”
Judge Fortson asserted that the
| processing tax in reality was
passed on to the consumer,. and
all citizens joined in its payment.
Mr. Wright maintained that
there is no analogy between the
processing tax and the manufac
turers’ tariff, inasmuch as the!
money collected from the tariff
goes into the treasury to be ex
pended upon appropriation of
congress for general governmental
purposes. He sald the majority of
‘l2 Supreme Court heid that the
precessing tax was not a tax at
lall within the meaning of the
Constitution, and therefore void.
‘ The jurist contended that the
{ minority opinion in the AAA case
is the sounder one, pointing out
that even the majority of the
{court held that under the “gen-!
| eral welfare” clause congress may |
“undoubtedly tax and spend for
‘the national =~ as distiniguished
| from the local—welfare, but only
iwheu the purpose for which the
money is appropraited is one
which congress has been given
<! express authority to achieve in
| some other clause of the Consti
étution." and that the court held
| that congress had no right to use
%its taxing ppwer to regulate agri
culture, because that authority
was reserved to the states.
+ “The Constitution,” Judge Fort-
’ son maintained, “has expressly
delegated 1o congress the substan-
HERE IS PARKING
ORDINANCE PASSED
BY CITY COUNCIL
(Continued From Page One)
shall be punished as herein pro
vided. Any other parking in the
middle of streets in this parking
area prohibited.
Section 7. No taxi cabs shall
be allowed to double park in any
event within the area herein de
fined. i
Section 8. It shall be unlawful
for any car including taxi cabs to
stop immediately behind ' cars
parked against the curb, except for
the purpose of allowing persons to
alight and enter said car. Such
stop not to be longer than one
minute.
Section 9. Ambulances, receiv
ing cases of disability or death,
may double park where necessary
within the prescribed area, only
for such period of time as is nec
essary to place said disabled or
dead person in the ambulance,
where said ambulance can not
park against the curb, because of
the curbing space being occupied
by other cars, and then only for
a period of fifteen minutes,
Section 10. Public motor busses
may double park opposite their
pliace of business, immediately be-
Lind such cars as may be against
the curb, for the purpose of re
cewving and discharging passen
gers, but in no event to exceed
fitteen minutes.
Section 11. AIl cars shall be
parked at an angle of 40 degrees
within such prescribed area.
Section 12, It shall be unlawful
for any person or persons to
place any sign upon the curbing
or sidewalk, opposite their place
of business, evidencing any claim
to exclusive privileges within such
areas, with the following excep
tions only.
. Section 13.—At places of busi
ness where large crowds are apt
to gather within any building
within such area, such as motion
picture houses, and the post
office, where hurried exit of a
mass of people might suddenly
occur, upon danger or reported
danger of fire or riot, or other
wise, and such places shall have
the right to protect parking
against the curb opposite their
abutting frontage, and opposite
the front steps of the post office,
provided such places of business
shall mark off said space in the
street in a plain and distinet man
ner with signs, such as “Don’t
Park” or words ‘of like import.
Section 14. Any violations of
the provisions of this ordinance,
which is limited to the area
herein described, shall be punished
as provided in Section 387 of the
City Code,
Section 15. These regulations
not to govern between 7 p. m. to
TR m 5
This ordinance to go into effect
on the 18th day of March, 1936,
All ordinances or parts of ordi
nances in confliect - herewith are
hereby repealed.
tive power to tax and spend for
the general welfare; this leaves
the states no rights to thwart
that power; therefore, when con
gress taxes and spends for the
general welfare of the nation it
\violates no rights reserved for the
Istates. It may be thought by
some that the general welfare
clause vests in congress more
power than congress should have
been given; but that is not the
point., If congress has been given
too much power, the court cannot
abridge that power, And it may
be respectfully suggested to those
who desire the power curtailed
that a method is provided in the
Constitution, They should advo
cate a constitutional amendment.
But it is difficult for me to un
derstand why anyone who believes
that the welfare of the nation
depends upon the well-being of
its farmers — why anyone could
wish to deprive congress of the
only power it has to place agri
culture on any equality with in
dustry and commerce,”
Should Defend Power
Georgia, particularly, Judge
Fortson said, should not advocate
taking away from congress the
right to legislate economic aid for
agriculture,
“What possible point,” he asked,
“is there for the people of Geor
gia to object to the national gov
ernment restoring to its people a
part as the wealth taken from
them through the tariff and other
instrumentalities of the national
government which, as the Civil
War demonstrated, the states
were powerless to prevent?
Federal Aid Required
“How else can the agricultural
states be placed on an equality
with the industrial states except
through instrumentalities of the
national government?”
“When congress is deprived of
the right to enact tariffs,” Judge
Fortson said, “then and not until
then will it be time to get excited
about congress destroying the in
dependence of the states by us
ing the taxing power to aid agri
culture.”
But, Judge Fortson said, while
the majority of the Supreme Court
held that the Constitution does
not grant congress power to reg
ulate agriculture, even under the
power to tax and spend for the
general welfare, in reality con
gress in. carrying out its delegat
ed powers does many things,
which the court permits, not defi
nitely mentioned in the Constitu
tion, as for instance, its power,
recognized by the Supreme Court
in the TVA decision, “to build an
electric power plant, lease lines
and sell current to the citizens of
Alabama,” under- its power over
'navigation and tdb provide for the
common defense,
Referring again to the AAA de
cision, Judge Fortson said, “it is
difficult to conceive, if the tax
clause gives congress a substan
tive power to tax and spend for
the public welfare—and, the- major
ity (of the court) concede that it
does—how any rights are reserv
ed to the states to thwart that
power.”
THE BANNER-HERALD, ATHENS, GEORGIA
FUNERAL NOTICES
DUNCAN-—The friendg and rela
tives of Mr. and Mrs, W. E.
{ Duncan, of Whitehall, Ga.; Miss
| Rosa Mae Duncan, Miss Ruby
Duncan, Miss Mavis Duncan,
‘ Miss Bettie Duncpn, Mr. and
Mrs. Earnest Duncan and Mr.
| Oscar Duncan, all of Whitehall,
are invited to attend the funeral
of Buford Warren Duncan, son of
Mr. and Mrs. W. E. Dunean,
| Friday, March 6th. at 10 a.m.,
l from Whitehall Bautist church.
Rev. W, J. Culbertson, pastor
from Whitehall \Baptist church.
officiate and interment will be in
Whitehall cemetery, Bernstein
Funern]l Home.
o it
ONE-HOUR LIMIT ON
- PARKING OF AUTOS
WILL BE RESTORED
| (Continusa From Page One)
i L
handicapped during the past year,
and as aresult. streets had not beep
kept in as good condition as they
should.
He pointed out to council that
he had made a request for thres
new truckg some time ago, to be
used to maintain streets, and said
a committee had been appointed
to investigate, and repor back to
council. The committee has neve
er made its report.
. “We have been busy for over a
year making permanent improve
ments on streets in Athens,” Mr.
Beacham said. “About February
22 of last year we finished paving
Broad street, and for seyeral mon
ths afterward, our department was
busy gupervising and aiding in lay
ing Belgian blocks on several
streets,. Now we are paving King
avenue,” Mr, Beacham azaid.
He told council the city street
department had only three trucks
at present, and one of those was
being used regularly at the water
works. He said at present the city
is having to rent trucks for haul
ing purposes on the King avenue
paving project.
Committee Appointed
Councilmen Seagraves, Bedgood
and Armstrong were appointed on
a committee with Engineer Beach
am to investigate the street situa
tion, with .power to purchase a
truck if needed.
Mr. Beacham pointed out Ito|
council, also, that to improve the
streets it would be necessary to
use top soil, and it had to be haul
ed from outside the city limits. He
said most dirt streets in the city
had been scraped so often there
wasg no top soil left on them.
A letter from a high official of
the Northwestern Life Insurance
company to itg local agent, agree
ing to pay half of the company's
delinquent taxes if the city would
absorb the other half, was read
by Clerk Jim Barrow,
The Northwestern Life Insurance
company has been operating here
for several years and prior to 1934
paid no taxes, Mayor Mell told
council. Back taxes amount 't'o[
approximately $350, and the insur
ance company agreed to pay $175.!
In the letter, the gompany con-l
tends its officials should have beén|
notified before now, of its bi'li‘k'
taxes, |
Offer Rejected
The offer was rejlected by coun
cil. 2
Council agreed to sell old tax
fifas to a holding company through
Green and Michael, local attor
neys, the company to pay the city
principal, interest and cost of the
fifas, making a large amount of
ready cash available for use in city
operation., :
It was voted to pay $l5O, the
city’'s part in bringing to ‘Athens
a person to supervise playgrounda
in Athens. The federal govern
ment is sending the wupervisor and
will pay all other costs,
A permit issued to Britt Chand
ler to operate a dance hall at his
place of business on Clayton street,
was revoked last night. Council
granted Chandler permission .to
hold dances at his place of busi
ness at the February meeting, but
Chief of Police E, Weldon Wood
said it was almost impossible for
police to handle the crowds quiet
ly, and counecil immediately re
voked the permit, \
Budget Adopted
A budget for 1936, limiting the
expenditures of all departments to
the lowest possible figures, was
adopted unanimously by councik
Councilman Bedgood moved . the
budget be adopted. It 1s hot a bal
anced budget, as urged by Mayor
Meéll at the last meeting™
A tax ordinance for 1936 waa
adopted, with only a few changes.
It was voted to tax retail wine
dealers $25 per year, and wholesale
dealers SIOO per year. The state
law provides that only wines pro
duced from Georgia-grown fruits
and berries can be sold in the state,
City Attorney Rucker told council
when he was asked if it was legal
to sell wine produced in any other
state.
Dealers selling wine other than!
that produced from fruits and
berries grown inside the state, are
violating the law, Mr. Rucker said.
In considering enterprises that
are subject to a Special tax, the
matter of “Cash Night” at the
Palace The. ‘er was brought up,
but before iraposing a tax, a rul
ing or. the legality of “Cash
Night” was requested by City At
torney Lamar Rucker, who de
}clued that such enterprises are in
violation of the lottery laws. Coun
cil then voted to request Soliei
tor General Henry West to have
“Cash Night” discontinued.
Alderman Bedgood said he had
talked to Mr. West, who said
there is now pending in the Court
of Appeals a case carried up from
another Georgia city involving the
legality of “Cash Night” enter
prises and he thought it would be
well to await the outcome of this
iitigation before taking any ac
tion. o
Manager Robertson, of the Pal
ace, was out of the city Wednes
' day and could not be reached for
a statement regarding the action
of city councils EE oy
DANIEL PERSONALLY
ASKS STATE BONDS;
. HAMILTON REFUSES
(Continuea rrom Page One)
from his office, Hamilton depos
ited the bonds and other cash be
longing to the state in Atlanta
banks and in the Federal Reserve
Bank. He left deposit slips in a
‘vault, on which the lock was set
]f()r a maximum of 80 hours.
Daniel demanded delivery of the
lproperty “instanter.”
“I'll let you know later,” Hamil
ton told him.
“Does that mean I don't get
them instanter?” Daniel asked.
“It does.”
Hamilton said no effort was
made to seize the papers, adding
{ the bonds were locked in a wvault
! where they could not be reached.
“I have no intention of turning
the money over to Mr. Daniel,” he
said. : ‘ 3
' I.egal action to Trecover the
bonds and other property held by
| Hamilton was regarded by observ
erg as the next move by the Tal:
madge forces. . . - AR g
‘Meanwhile, a group of state sen«
ators met at a downtown hoggl,&fi
the suggestion of Senator Allen
Chappell of Americus to discuss
either a self-convened ‘session op
’the legislature or some oOther
means by which the state’'s finan-.
cial problem could be solved.
Several senators signed a peti
tion urging the call and others af
fixed their signatureg as the meet
ing progressed amid discuasions of
impeachment.
I The concensus, however, appear:
€5 “Wene PROUD of this o
.' oen Lk Hi L. | |t‘
EAI;iE TOEg:AS : Re e ~§'?s..:z;::»::fséizs:éff:;'}ff;,;;:?"'i':-. ‘er‘ ‘;'v | i A y
It’s Our Annual March Selling—An Opportunity
to Buy GOOD Furniture, without Straining Your
Pocketbook! Below We lllustrate and Describe
Only a Few of the Remarkable Values You May
Expect to Find at STERCHI'S!
)\ Jke LIVING ROOM /7
2-Piece Moderne Living Room Suite!
Suite of unusually large propor
tions, with deep, downy, spring
filled cushions, Upholstered in ma
terials that are long-wearing and
pleasing to look at.
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-] Suite!
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’ - ‘ Y 6-drawer vanity, and heavy.
-,r - semi-poster bed. :
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This is one of the handsom- 50
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at anywhere nuar the price.
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Decidedly Moderne - - It’s Underpriced!
Furniture experts wil most cer
tainly agree that thig three-piece
suite, including the bed, the chest
and vanity is offered at far less ®
than today's market value. Fin
ished in lovely Oriental Walnut, A
thrilling : offer at....iciiiidoetond
FREE
DELIVERY
ANYWHERE!
ed that the first step in the pro-
gram of the meeting should be a
request to the governor to call the
session for action only on a gener
al appropriations bill.
Senator John Jones of Waynes
boro said he would sign the peti
ton but “I think it is useless and
nugatory since the governor has
already said ‘there ain’t going to be
no extra session.’
“I would like to go on record
here and now for impeachment of
Governor Talmadge. The people of
my county want him impeached.”
Senator Lamar Rucker of Athens,
fiery eritic of the Talmadge admin
istration, advised “a course of
moderation. As a lawyer I have
studied the situation and Governor
Talmadge cannot legally spend a
cent of the money he has been
spending since the firat of Janu
ary.
“On the other hand, I think the
legislature cannot convene itself in
extra. session to pass legislation
except at the call of the governor.”
Duscussing power of the legisla
ture ot impeach, Rucker said “it
stands to reason that a defendant
in a trial should not be expected
k’g'call his own trial”
- Rucker urged that memberg of
the legislature, house and senate,
put themselves on record urging
the governor to call an extra ses
g,isgo'n for the sole prpose of enacting
an appropriation bim, ;
.~ Sénator J. M. Simmons of Bain
‘bridge presided.
}w Senators present were:
'~ R, E. Cannon of Claywon, Z. P,
Almon of Franklin, I. O. Ragan, of
Hawkinsville, G, E. Millican of At
lanta, James H. Clark of Ringgold,
$69->0
THE SOUTH’S LARGEST HOMEFURNISHERS
C. TED CROWE, Manager
Trial of R. J. Bond
Starts Here Today;
To Go to Jury Seon
Trial of Roy J. Bond, supex‘in-i
tendent of Winterville schoo!s.l
charged with assault and battery,
was started in city court this!
morning and the jury was expect-l
ed to recelve the case late this}
afternoon, [
Mr. Bond is charged with whip-,
ping young Edward Nelson, n. N
student at Winterville school, tors,
severely. Tt 1g charged by the
boy’s parents, Mr. and Mrs. Ed- |
wa»d Nelson, sr., thav thelr son was l
whipped with a large paddle, and
that he was so badly injured he|
has been in a nervoug state ever
since, ‘
Young Nelson was whipped for
fighting on the school yard, some
time ago. Professor Bond claims
he did not whip the boy too sever
ely. He is represented by 'Tom
Gray and Wolver Smith with Soli-
C. R. Vaugh of Comnyers, H. Dixon
Smith of Columbus, George Du
pree of Gordon, William A, Hart of
Newnan, I'rank ‘A. Dennis of Eat
onton, W. W. Larson, jr, of Dub
lin, L, C. Rucker of Athens, John
J. Jones of Waynesboro, Allen
Chappell of Americus and J. M.
Simmons of Bainbridge,
March is the month to
make your City Tax Re
turns.
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e Y iEE R e 8 b ol
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5 oy "/:‘w""'“"‘:&x‘&“ o
Al e $ 95
@ S L 2 N S .
If you're looking for something that's really comfortable and
cheap in price, this chair and ottoman will certainly fill the bill
and please you, and it only $14.95!
OCCASIONAL
CHAIRS - /SN
= L=
$4.95 |-
ARE SPECIAL! "| '\
The trim - appearing “GUEST” ] '»‘;l\‘lj‘ >
CHAIRS are the kind usually sold 2
at nearly twice our price! Chaoice ' A.
of upholstery. _
See These New
CHAISE LONGUES
52 < —;.:.:__-‘_:_“ Y '
w\‘ -“‘.:'3‘:;., :
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- A quality piece of furniture, at a
price you will find low indeed. In
a choice of coverings,
THURSDAY, MARCH 5, 1936,
citor Stephen Upson, of city court,
and Joe Webb, prosecuting.
| FEEL FINE
Mothers read this:
~
AC.ONSTIPATED child is so easily
straightened out, it’s a pitg{ more
mothers don’t know the remedy. 7
A liquid laxative is the answer,
mothers. The answer to all your
worries over constipation. A liquid
can be measured. The dose can be
exactly suited to any age or need.
Just reduce the dose each time, until
the bowels are movin% of their own
accord and need no help. <
This treatment will succeed with
ang child and with any adult. :
octors use liquid laxatives. Hospi=
tals use the liquid form. If it is best
for their use, it is best for home use.
And todag, there are fully a millien
families that will have no other kind
in the house.
. The liglmd laxative generally used
is Dr. Caldwell’s Syrup Pepsin. It is
a doctor’s prescription, now so widely
kn&wn that you can get it all ready
for"use at any drugsfore.
PHONE 787
351 East Clayton
Street