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x Delay Is 'No' Vote
Mayor Roy L. Harrell won't
v have the opportunity, after all, to
cast the tie-breaker on a rezoning
application which was before the
' Tbwn Council on May 12. We bet he
Two authorities on municipal
law have expressed separate
opinions that the mayor’s decision
to delay his vote, following a 3-3
deadlock among councilman, is in
effect a denial.
Mayor Harrell further delayed
development of prime commercial
property adjacent to U.S. 17 by
pass at Highway 32 without a re
corded vote. This is an exer
cise in practical politics for
which he is famous.
The “literal language” of the
General ./ Statutes of North
Carolina do not require the mayor
to vote, but as Francis Rasberry,
staff attorney for the N.C. League
* of Municipalities, states: “simply
> (gives) the opportunity, in his
discretion, to vote if he so
The mayor’s decision to delay
his vote, knowing that in effect it
would be considered a negative
vote, is out of character. During
his tenure he has fielded matters
of equal difficulty with finesse.
But not this time!
In the past when the going got
tough the mayor got tougher. If he
is accused of his action equaling a
“cop out” on this rezoning matter
then only he can defend his action.
For, it is difficult to conceive that
he didn’t do his homework and go
into it without blinders.
Involve Older People
f This is Senior Citizens Week
siong the Public Parade and it is a
good time to reflect on those who
Mazed the trial for those who
enjoy a better life.
Renewed emphasis is being
placed on activities for those who
are considered Senior Citizens.
Well, it should be. We have closeted
them, taken them for granted, and
failed to adequately express
’ heartfelt- -appreciation fer - their a
contribution to society, for far too
As research, science, education,
etc., contribute to extended
longevity; the same is attempting
to curb our population;< the
American people need to not only
respect but activate the talents of
our elderly people.
This country has put soi many
“automatics” on the citizenry that
regulations have replaced good
f horse sense. Only, when we
recognize our Senior Citizens as an
asset rather than a liability will
they be judged and treated in a
manner in which they deserve, not
have to demand.
Senior Citizens are rapidly
becoming a group not to be
ignored. They need to be con
sulted, for they can draw on the
school of hard knocks which could
prove to be the salvation of this
“The Graying of America” was
the subject of a feature article in a
news magazine not long ago.
While there are some “kids”
among the elderly, most of us
could benefit from their ex
periences. The “youngsters of
„ Continued On Page 4
Judge Exum To Address Graduating Seniors
MC. Supreme Court Justice
James G. Exum, Jr., of Raleigh,
will )»e keynote speaker at
graduation exercises at Chowan
Academy on June 2. the exercises
J«dg» Exum will be introduced
Dr. J. Edwin Byrum, Jr.
WINSTON-SALEM - Dr. J.
Edwin Byrum Jr.*, formerly of
Edenton, has been promoted to
assistant professor of emergency
medicine and assistant professor
of medicine at the Bowman Gray
School of Medicine.
His promotion, effective July 1,
was announced by Dr. Richard
Janeway, dean of the medical
Dr. Byrum is the son of Mr. and
Mrs. J.E. Byrum, West Queen
Street Extended, Edenton.
He was appointed to the
Bowman Gray faculty in 1974 after
completing residency training at
N.C. Baptist Hospital.
I A graduate of Wake Forest
University, he received the M:D.
degree from the Bowman Gray
School of Medicine.
It will be business as usual for
most people in Edenton and
Chowan County on Memorial Day,
which is Monday.
Memorial Day is not one of the
business holidays recommended
by the Merchants Committee of
Edenton Chamber of Commerce.
However, Peoples Bank & Trust
N.A., and Edenton Savings & Loan
Association will be closed.
Also, the U.S. Post Office and
the Chowan County Courthouse
will be closed for the holiday.
Town offices will remain open.
But, for many it will be a long
weekend and 17 persons could lose
their lives in traffic accidents in
the state, according to the N.C.
State Motor Club.
The state will count its toll over
a 78-hour period from 6 P.M.
Friday until midnight Monday.
’ Last year 19 persons were killed in
mishaps on Tar Heel highways.
“We want to remind all drivers
that the speed limit is 55 miles per
■ hour,” stated a motor club of
ficial. “Persons who exceed that
limit are asking for trouble.”
Due to graduation exercises
being held at Chowan High School
on Monday, June 6, the Edenton-
Chowan Board of Education will
change its regular meeting to June
Chairman Eugene Jordan will
by Cyndi Phillips, class secretary.
The bacclaureate service will be
at 8 P.M. Sunday at St. Mary’s
Rpiqmpal Church in GatesviUe.
Ven. Webster L. Simons, Jr., will
be the preacher. Mr. Simons is
director of the Coalition 16 Project
Ven. Webster L. Simons, Jr
Zoning Issue Tailed Os Adoption’
Mayor Roy L. Harrell’s .l
. to break a 3-3 vote of Town Coun o
on an application to rezone t
portion of the Ward Property o» "1
Highway 32 for a shopping center
in effect resulted in denial.
This is brought out in legal
opinions rendered by attorneys at
the Institute of Government in
Chapel Hill and the N.C. League of
Mayor Harrell told councilmen
he wanted to wait until the N.C.
Supreme Court ruled on questions
surrounding another parcel across
the highway. He said he would call
a meeting of the council and cast
his vote at a later date.
Both opinions are that this
THE CHOWAN HERALD
Volume XLIII.—No. 21.
I V It
PRESENTED DEC* AWARDS - Melvin Lane, cenler
president of the Holmes DECA chapter, is shown with Bob Partin,
Janet Harrell and John Ddwd following last week’s Bosses’ Night
banquet at National Guard Armory. The other picture shows
Approximately 350 people filled
the Jaycee Community Building
Monday night for Aces Athletic
Association Spring Sports Award
Banquet honoring athletes from
John A. Holmes High School who
participated in baseball, baket
ball, wrestling, tennis, track, and
Guest speaker for the banquet
was Albert Long, Jr., of Hap
penings, Inc., in Durham, a comic,
rapid-fire speaker who said his
philosophy was to “tell it like it is,
shoot from the hip, don’t be a
phony and be honest.”
He challenged the attending
athletes to resist apathy, im
morality, and self-centeredness;
to appreciate life and do
everything to be the best but
remember that no man is in
Some 18 athletes were presented
trophies for outstanding par
ticipation in a number of sports.
Johnnie White was recipient of
the varsity basketball Most
Valuable Player Award and the
Efficiency Award. Daryl Joyner
was named Most Improved.
Continued On Page 4
which is headquartered in
Mary Florence Berryman is
valedictorian of the Class of 1977.
the salutatorian is Cindy Marlene
Bass, they are also president and
vice president, respectively, of
-their class, they will both speak at
the graduation exercises.
P. L. Winslow, Jr., headmaster,
will present the class and
diplomas will be awarded by Cecil
E. Winslow, chairman of the board
Marshals are: Raymond
Chappell, chief; Pam Berryman,
Amanda Bunch, Dawn Dozier,
Jamie Holler and Fran Hollo well.
Jennifer Perry and Harris
Vaughan are mascots.
Judge Exum was a Superior
Court jurist in Greensboro when
be Was ducted an associate justice
of fee N.C. Supreme Court, a
portion he assumed in January,
IV7b Continued On Page 4
Cannot be done and the owners
, lust now wait six months before
* iplying for a change in the zone.
X) attempts have already been
1e to get it rezoned.
% <3, was rezoned at one time but
C. Court of Appeals held that
, pplication had not been
properly advertised within the
requirements of the town or
J. S. Ferrell, assistant director
at the Institute of Government,
said no legislative body with which
he is familiar allows a member to
delay his vote until a later date.
The Town of Edenton charter
allows the mayor to vote only in
the case of a tie.
Edenton, North Carolina, Thursday, May 26, 1977
DECA Awards Presented
Janet Harrell, Bob Partin and
John A. Mitchener, Jr., were
recipients of top awards presented
last Wednesday night by the
Holmes Chapter of Distributive
Education Clubs of America.
A steady, soaking rain began
falling in Edenton and Chowan
County about 6:30 A.M. Tuesday.
It was the first general rain for the
area in several weeks and farmers
were becoming concerned about
Pete Thompson, county ex
tension chairman, said Monday
the local area is not as dry as
many other sections of the state.
“We are not hurting as bas as
some other communities but we
could use a good, soaking rain,’’ he
For Better Roads
The development of a strong
highway program for the
Albemarle Area, which might
result in promotion of road im
provements west of the Chowan
River, moved a step closer
Tuesday night during a meeting at
Angler’s Cove Restaurant in
While emphasis in the past has
been placed on U.S. 17, it was
agreed that reeardless of what
county a highway is located in it is
important for Northeastern North
Carolina residents to push for a
better road into Raleigh.
J. Gilliam Wood of Edenton,
Chowan County’s representative
on the 10-county Albemarle Area
Highway Committee, said
regardless of how much “we love
17 we need to get behind a better
road to Raleigh, even if it begins in
Wood was one of seven county
representatives at the meeting. He
is a former State Highway
L. F. Am burn, Jr., also of
Edenton and past president of the
sponsoring Albemarle Area
Development Association, urged
the committee to present a
“united front” to the State
Department of Transportation,
with more emphasis on need than
Continued On Page 4
Ferrell said in his opinion that
the courts would hold such a rule
(of allowing a delayed vote) to be
in violation of “generally accepted
principles of parliamentary
procedure.” and thus beyond the
power of a city or town to adopt
such a rule.
In view of this, he added that it is
his opinion that the zoning or
dinance amendment “failed of
adoption; that the mayor may not
vote on the amendment at a future
time; and that any further con
sideration of the subject would
require that the full procedure for
adoption or amendment of zoning
ordinance be followed anew.”
Francis Rasberry, staff at
r S ■ * ■ ■ -1 M m ” kT
li i i MPw i uisi.
II 1 [M
W mm l M
m 4 ' Iml
John A. Mitchener, Jr., with Joyce Belch after he was named
recipient of the first Boss of the Year award presented by the
Mis 6 Harrell and Partin were
named students of the year while
Mitchener won the first Boss of the
Year Award on the basis of an
essay written by Joyce Belch, a
DECA student who works at
John Dowd, DECA advisor,
presented the awards to Miss
Harrell and Partin. He cited their
outstanding achievements in
various areas during the year.
Oscar White, Sr., presented a
special gift to Dowd.
DECA students provided the
entertainment for several hundred
who attended the Bosses’ Night
banquet at the National Guard
Melvin Lane, chapter president,
was master of ceremonies.
Other officers are: Carroll
Skinner, vice president, Miss
Harrell, secretary; Pam Griffin,
treasurer; and Joyce Belch,
District award winners
recognized included: Miss
Harrell, Anne Bissette, Ken
Kinion, Lou Anne Bunch and Allen
State individual awards were
won by Cathy Dean, Partin, Ricky
Mize, Miss Bissette, Kinion, Miss
Harrell, Nick Kane, Lane, Anna
Deßlois, Oscar White, Worrell and
The local group won the Rose’s
Three Diamond Chapter Award
and was voted the Most Civic
Minded Club in the state. Partin
was also recognized for his design
of the state conference program.
Aquarium Could Re-Open
Rep. Walter B. Jones of the First
Congressional District is working
to get the marine aquarium at
Edenton Fish Hatchery reac
tivated. The U.S. Fish and Wild
life Service has estimated that it
will cost $30,000 to do necessary
maintenance work and staff the
Rep. Jones this week informed
The Chowan Herald that while he
was not successful in getting the
item hi the report of the Interior
Subcommittee on Appropriations,
the language of the appropriation
would be modified to direct the
U.S. Fish and Wild-life Service to
tomey for the N.C. League of
Municipalities, expressed the
opinion that the mayor is not
required to vote in the event of a
tie, but “is simply given the op
portunity, in his discretion, to vote'
if he so desires.”
“...in the particular situation
confronting the council, the failure
of the mayor to vote and thus
break the tie would result in the
disapproval of the application for
He added: “Consequently, the
practical effect of the 3-3 deadlock
would be exactly the same as if the
measure had been voted upon and
turned down by a majority of the
Continued On Page 4
Single Copies 15 Cents.
To Coach Here
Jimmy Addison, former head
football coach of the Edenton
Aces, will be returning to Edenton
succeeding Dave Holton who
recently resigned to take a head
coach position at Pinecrest High
School in Southern Pines
The announcement was made
Monday by Holmes High School
Principal Bruce McGraw.
Addison, who left Edenton prior
to the 1976 season for a head
coaching job at 4-A West Forsyth
High School, led the Aces to three
consecutive winning seasons in
cluding a conference title and two
shots in the state playoffs. He
compiled a 28-4 record here.
Supt. John Dunn commented,
“We are pleased to have Jimmy
returning. He did an outstanding
job during the three years he was
at the helm of our football
Judge John T. Chaffin reduced
the bond of Robert Biggs, Route 1,
Edenton, but found probable cause
in the case where the defendant is
charged with felonious assault on
Sitting in Chowan County
District Court on Tuesday, Judge
Chaffin reduced the bond for Biggs
Also, probable cause was found
in several cases were Spencer Ray
Autry and Stephen Bruce Goids
berry were charged with
breaking, entering and larceny.
allocate necessary money from
appropriated funds to be used in
reactivating and operating the
“It is my hope that this language
will remain iq the appropriations
bill as it follows the usual
legislative procedures,” he added.
The - Edenton aquarium was
closed several years ago due to the
lack of funds. Since that time
several aquariums have reopened
and Rep. Jones has been
spearheading a program to
reactivate the (meat