November 21, 1924
LEGAl
g CAROLINA?Cherokee
>onty.
M. Sinionds, Entry Taker foi
fcerokee County:
undersigned J. M. Recce, o
ke? County, North Carolina, cn
allays clain^**) the followinj
bea r parcel of land it
ij towiyii*.', Cherokee County
af Nordn Carolina, the same be
icani and unappropriated, anc
t to entry, viz:
a James Timpson's line witl
A. Carroll lino with the Inlot
id with Jess Nick's line, conf
by estimation 10 acres.
(Signed) J. M. REESE.
f:ed this 21st day of Oct.. 1924
H CAROLINA?Cherokee
ounty.
persons are hereby notified
warrant of survey will be ls>
the said J. M. Reese, on the
lay of November, 1924. for the
described ands if there is no
filed in this office before
ite. This the 22nd day of Oc1924.
A. M. SIMONDS,
}fficio Clerk to Board of Qpun r
Commissioners. (ll-4t-r)
E OF SALE UNDER DEED
j OF TRUST
mlth having bcc made by W.
!d< in the payment of the sum
ley secured by a deed of trust
February 1st, 1924, registered
ofice of the Register of Deeds
rokce County, in Book No. 74
i 366, the undersigned, as trusill
for the purpose of satisfye
said indebtedness, offer the
ty conveyed therein at public
i, to the^lighest bidder for
t the court house door in Mur.
C., on the 9th day of Decem124,
at 11 o'clock A. M. The
cdness described above is for
irehase price of the property
N. Elliott.
property above referred to
nveyed to the undersigned trusr
the purposes aforesaid, and
d as follows:
wn as the Hitchcock property,
tt book in the Register of
office in Cherokee Gfcmnty,
Carolina, Book 1, page 23,
particularly described as folBeing
Lot. No. 61. Reference
by made to the above plat for
liar description of the meets
>unds, being a portion of the
cild at public auction July 6th,
Lot 50 feet front and 200 feet
November 7th, 1924.
L. E. BAYLESS, Trustee,
dw)
NOTICE.
Arcade Cafe has been sold to
leecc. We will not be respon>r
any debts afteh October 15.
E. C. MALLONEE.
J. W. DAVIDSON,
T. J. MAUNEY.
NOTICE
ihhjc ui kii oruer 01 me v^uun
in an action entitled S. \V.
ood. Administrator of the
of D. W. Loudermiik, deceased,
a> I. Loudermiik, et als, the
igned Commissioner did, on
I day of October, 1924, offer
t to the highest bidder for cash
lie auction, at the courthouse
Murphy, the lands hereinafter
td, A. M. Simonds becoming
t and highest bidder for said
*t said sale; said sale having
eported to the Clerk of the
* Court of Cherokee County
ifiremation on the 3rd day of
1924, and exceptions having
fled to said sale upon the
?of the inadequacy of the price
I for said lands at said sale,
tort ordered a- re-sale of the
by virture of which order the
*ned Commissioner will, on
J the 2nd day of December,
between the hours of 10:00
*nd 2:00 P. M. offer for sale
k auction to the highest bidder
b. at the courthouse door In
f. the following described real
^ct. In Hot House Township.
County, Beginmg on the
corner of Tract No. 139; then
35 W. 50 poles to a rock
a conditional line between
Be*' and Margaret E. Watson;
V! _
05 ^ E. 160 pole* to a
11 corner stancKng in the orof
the same; then S. 35 E.
^ to a locust corner of the
S. 55 W. 160 poles to the
<*i coitMiui^ 50 acres, n,ore
^ **> Houfhouse Town^croker
County, Beginning on
1 the southwest corner of
runs S. with the line of
e Fain 49 poles to a small
L ADVERTISE
Spanish oak on the line of No. 183
then north with the line of No. 186
r south 45 poles to a small pine on th<
line of 189; then West with the lin<
T of 80 E. 48 pales to a small oa?
- (fallen) antl pointers, the north eas'
r corner of said unmber; thence wit!
i the line of the said No. S. 10 E
, | Johnson Thaet, No. 7582; thcnct
-! north with the line of said number S
1.40 E. 56 poles to a puplar, white oafc
and rock corner of said unmber; thet
i south with the line of No. 50 oasl
> 180 poles to the north west cornel
- of said unmber, a sourwood (fallen)
then north 51 degrees west 130 pole;
to a locust, as the southeast corner ol
183; then with that line S. 55 degree?
west, crossing Hot House Creek at
118 poles, 160 poles to the Beginning
containing 145 acres, more or less.
S. W. LOVINGOOD
(1512t-foc) Commissioner
NOTICE OF DISTRIBUTION OF
PARTNERSHIP IF WILSON CON
CONSTRUCTION CO.
Noticq is hereby given that the
partnership heretoafter composed ol
j R. V. Wilson. C. D Gccr anil W. G
' name of Wilson Construction Co.
with headquarters in Rutherfordton
j North Carolina, has this day beer
I His?nlvoft nnit ""
1 and all assets and liabilities thereof
assumed by C. D. Geer and W. G
Wilson, who will continue to conduct
the business under the name of Wilson
Construction Company, R. V
Wilson having: sold all of his interest
in said partnership to the said C. D
Geer and W. G. Wilson, who have
assumed all of the pood will, assets,
liabilities and indebtedness of the
said Compuny.
This the 5th day of November,
1924.
WII.SON CONSTRUCTION
COMPANY
C. D. GEER,
W. G. WILSON,
R. V. WILSON
(15-4t-pwp).
NOTICE OF ELECTION
A meeting of the Board of Commissioners
is held at the Library Build
ing, on the 17th day of November
1924, at 7:00 P. M., said meeting
having been adjourned to this time
and place from the regular meeting
of the Board on the 13th of November,
1924. Present were W. M. Fair
Mayor; B. W. Sipe, W. D. Townson
J. H. Phaup; J. B. Story; W. W
Hyde and E. P. Hawkins, Commlss
ioners. The meeting was duly called
to order and the following business
transacted:
Upon motion duty made and seconded,
and passed by a unanimous vote
of all rnmmii<iinnpps fntlnminn
resolution was adopted:
Whereas, in the opinion of the
Board of Commissioners of the Town
of Murphy, a sale of the hydroelectric
plant and its equipment, now
owned by the Town of Murphy. Is
deemedproper and expedient, and the
Carolina- Tennessee Power Company
having offered to purchase the said
plant and equipment, and having
tendered a contract therefor, dated
as of November 8th, 1924, in words
and figures as follows:
To the Voters and Tax Payers of the
Town of Murphy:
Notice is hereby given that a contract
to purchase and sell the hydroelectric
plant now owned by the Town
of Murphy, at a price which the
Board of Commissioners deems a fair
and adequate one, taken in connection
with the covenants, contracts and
agreements contained therein has
been tentatively accepted by said
Board, subject however to the will
of the majority of the voters of the
town to be expressed at an election
to be held on the 23rd day of December,
1924.
Accordingly, this election is hereby
called for said date, to be held at
the usual polling place. A new registration
has been ordered, so that
it will be necessary that all persons
desiring to express their will,must
register a new. T. W. Axley has
been appointed as Regtsterar and he
will open the Registration Books at
the Murphy Hardware, in the
Town of Murphy, on the 24th day of
November, 1924, and attend at this
place from the morning of this day
until the close of Saturday, December
6th, 1924, and every day between
said dates, except Sunday, for the
purpose of registering those wishing
to vote. H. D. Akin and Sid Pendley
are appointed Judges, and with the
Registrar, will hold said eleetloft on
the 23rd day of December, 1924 during
the hours legally designated for
the purpose.
All voters desiring to vote their
approve of the sale of this property
shall vote a written or printed ballot,
whereon shall be written or printed
the words: "For Sale of Hydroelectric
plant," and those opposed, a
1
THE CHEROKEE SCOUT, MU
MENTS 1
; similar ballot, with the words:
, | "Against the sale of Hydro-electric
; j Plant," and if a majority shall api
prove, the sale an the contract shall
w | be consummated.
11 The contract agreeG upon by and
, I between the said Board of Commlss.
I inners and the proposed purchaser,
> i Carolina- Tennessee Power Company, ;
.lis as follows:
;j Art. 1. In consideration of the1
i payments of the sum of money, and
r the performance of the conditions,
stipulations, contracts, covenants and
; agreements set out in contract, the
: town agrees to sell to the Carolmaf
Tennessee Power Company the light
: and power plant now own*>d by it,
; including its dam on the Notla River,
, and all lands covered by it and water
j abc-ve it, all lands and easements in
: lands owned in connection with it;
j its transmission and distributing
i system, power house, and land on
' which it stands, poles and wires. I
. distribution lines, and appliances and
I equipment of every kind and character
and kind, used and owned by the i
town in connection with said plant, j
r I Art. 2. The town agrees, as soon j
,' as the approval of votes Is obtained j
,, to deliver possession to Carolina- j
t i Tennessee Power Company of all of
,! sale property rights, and to transfer
to it all its unpaid accounts for elec- j
r tricity or power, that may have ac- j
,-crucd or become due for electric!
> light or power during the full calen- j
. dar month in which * possession is j
, transferred, with the right in said j
: ; Carolina- Tennessee Power Company
. I to collect the same in its own name,
! or the name of the town, and same,,
,! when collected, to be the property J
of Carolina -Tennessee Power Co.;
j and it shall also have the benefit
, of any and all contracts for elec
tricity which the town may then have,
and which are embraced In a schedule
' attached to the contract. The Caro'
lina- Tennessee Power Company
agrees to at once take charge of the
plant and all said property, and to
meet all regular and usual pay rolls
for operation, after the beginning of
the month following the transfer,
. I estimated and agreed not to exceed
.i*ou<i.uu, ana u opti'.uc me same; lo
t furnish elertric ity for lighting, to
J citizens of Murphy, for five years,
at not to exceed ten cents net,
. kilowatt houi, and during the life of
; franchise thereafter, at no greater
' rate than allowed by State Corporat|
ion Commission or its successors,
I and to furnish heat and power to
! those in Murphy desiring it, at no
! greater than allowed by said Com,
mission or its successors; to furnish
transformers, etc., in lieu of the pay.Intent
of municipal taxes and license
.1 fees during the life of the franchise,
; I and to furnish without charge, the
j same number and character of street
: lamps during said period, and to keep
i' same burning from 30 minutes after
I sunset, until 30 minutes before sunrise,
and in further consideration of
i; exemption from municipal tax, lic.
ense fees, etc., additional service
without charge as follows: electrical
I energy equal to that now delivered to
the transformers of present street
! lighting system, and to deliver without
charge to street lighting equip-'
ment, additional to that now Installed,
to be purchased, paid for and owned i
by the town, as may be demanded by
the town, subject to the contitlon
. that the town can demand not more
than 10 per cent increase of electrical
energy, over that now being
delivered, in any one year, and this
liability for additional street lighting
service free, shall cease, when 100
' per cent increases shall have supplied.
In further consideration of
of release from municipal taxes and
license free, the Caroliua-Tennessee
! Power Company shall, at Its own ex1
pense instell the apparatus, materials
1 and equipment necessary to enable
' the town to use the electrical energy
! for street lighting which it Is obligat'
ed to furnish without charge. All
street lighting over and above this,
1 shall be supplied by Carolina-Tenn1
essee Power Company at the cost and
! expense of the town, under reason a '
ble conditions to be agreed upon, but
I at ratp nr.t to ptoppH that. allowpH Kv
the Corporation Commission. Within
| these limitations, Carolina -Tennessee
1 Power Company is to establish and
! put into effect rate schedules, and
, reasonable regulations, governing the
1 supply and use of electrical energy it
I may furnish.
Art. 4. The plant is to be maintained
at its present state of efficioncy
and Carolina-Tennessee Power
Company is to make, upon reasonable
notice from consumers, such Improvements,
additions and extensions to
the generating and distributing
systems as may be reasonable necessary
to supply the needs and demands
of the town and the inhabitants, at
all times during the franchise, and
to supply standard electric light, heat
and power service to the town and its
W'- '
RPHY, NORTH CAROLINA
citizens and residents at the price set
forth. Provided that if CarolinaTennessee
Power Company shall
build another plant, or plants, and
install generating equipment of aggregate
capacity of at least 10,000
horse power, and makes power available
therefrom to the town and its
citizens, to a volume equal to that
capable of being supplied by the Nulla
plant, it shal lhnve the right to dismantle
and discontinue the latter, if
desired, and to discontinue Its use as
an independent unit, and it may
take and use all the property of every
kind conveyed to it by the town
as it may elect. Where CaroiinaTenness
Power Company substitutes
other lands, rights, plants, etc, for
similar items, or other electrical service,
for electrical service now being
supplied by Nctla Plant, Carolina-Tennessee
Power Company shall
have the right to sell at its option, I
or convert to such other use as it!
may desire, any and all such property j
and rights, for which it shall have
made adequate substitution. Provided
all moneys received from such i
cnlis vVirill I"" no!<l ?? 'u - -
, vv tmiu V?VI WU Lllf luwn, 1
to be aplied by It to the next amortization
payments, that, may fall due
in accordance with Appendix 4*B".
j Art. 5. In consideration of the
turning over of this property by the:
[ town', and of its stipulations, contracts,
etc., Carolina-Tennessee Power
Compay agrees to pay all interest
! on the bonds of the town which were
issued to build and equip the plant
and which are still outstanding, as
it becomes due and payable except !
the interest that may have accrued
(as of the first day of the calendar
month in which it may take charge,
and, after said date, all amortization
' charges on said bonds, it being understood
that Carolina-Tennessee Power
; Company is to relieve the town ,f
all liability on these bonds, whether
by way of principal or interest. Appendix
"B" attached sets our
interest and amortization charges,
amounts of payments by way of both
and th dates when due. CarolinaTennessee
Power Company also
agrees to pay to the town cash equal
tot the difference between the aggregate
principal of th bonds listed
in this appendix that may be outstanding
at the time of transfer and
the sum of two hndred thousand dollars,
in five equal installments, the
first to be made at the time of transfer,
and annually thereafter.
Art. 6. As security for the performance
of its contracts, etc., Carolina-Tennessee
Power Company
agrees to execute and deliver to the
town a bond in the sum of $25,000,
conditioned for the faithful performance
of all its agreements, etc.,
which bonds is to be aproved by the
town as to solvency, provided thai
Carolina-Tennessee Power Company
may kep on deposit with the town
/.o.k 1 1 ?
v?u>u| uumnvuicu uuiius, uc par, aggregating
this amount, and no bond
or deposit shall be required after
Carolina-Tennessee Power Company
shall have made improvements and
additions to the plant and distributing
system equal to $25,000, which
shall have vested in the town. The
town is to retain the title to all property
agreed to be conveyed, until the
Power Company shall have paid for
it in accordance with Article 8, and
it is agreed that all improvements
and additions made by Power Company
upon the lands, casements,
rights, streets, alleys and public places
of the town shall, when made,
vest in the town, until the Power
Company shall be entitled to its deed.
Art. 7. Grants a franchise right
tto Carolina-Tennessee Power Company
for sixty years from date, to
use the streets, alleys, and other public
places in town for purpose of
erecting, constructing and maintaining
operating poles, wires, conduits,
transformers, or other apparatus, appliance
or equipment, necessary, or
desirable for transmission of electrical
energy into town, and in and
through town, as now existing, or
hereafter extended, and the operation
of an electric light and power
business within the town.
Art. 8. While said light and power
plant with all appurtenances and
equipment and all extensions and additions
remain the property of the
town, it, the town, agrees to indemn.
ify and save harmless the Power
Company against anv elaiw* for
County or Municipal taxes or license i
fees on same, and to execute and de- <
liver to the power company or Its \
successors or assigns, a good and suf- 1
ficient deed, with full covenants of !
warranty, conveying in fee simple, 1
all the properties described, and all i
extensions, improvemets and addi- I
tions, and all property constituting, 1
belonging or appertaining to said i
plant and distributing system, or the 1
general electric generating and dis- I
tributing system operated by Caro- i
lina-Tennessee Fower Company 1
which may then be owned by the
town, whenever requested by the
Power Company, and upon* Its compliance
with the payments, stipulations,
contracts .and agreements.
which aer to bo performeud before!
the date of such rquest, and upon I
satisfactory proof that the Power
Company or its successors, or assigns,
have fully relieved the town from al)
liability on account of principal or j
interest of said bonds, provided, how-1
ever, that the town will, at any time, j
make said ded, upon the tender of!
cash or uncacclled bonds at par, of!
the issue listed in Appendix "B", in I
an aggregate amount equal to the i
principal of all bonds then outstand I
ing and all accrued interest on all'
outstanding and unsurrendered bonds, J
except those so tendered.
Art. 9. Should the Power Coir,
puny notify the town that it desires'
to acquire lands, or easements in
lands, to use or hold for the purpose j
of adding to, extending, replacing I
or improving the electric generating
distributing system being used to supply
the town and its citizens, the
luwii agrees 10 acquire and hold the1
same as a part of its system, to b '
conveyed to the Tower Company, up- j
on its compliance with the provisions
of Article 8. Power Company j
to pay the town promptly the reason-!
able cost of the property so requested
to be acquired, upon presentation
of an itemized bill the refor, but
the title is to remain in the town, until
the Power Company shall have acquired
the right to have the same conveyed
by the deed mentioned in Article
8, and no longer, it being understood
that all such lands, etc., are
to be included in the deed as part
of the property to be conveyed thereby.
Art. 10. In the event the Power I
Company has not acquired the right!
to have the deed provided for in Article
8, and shall fail and refuse to j
carry out any of the stipulations,!
contracts, etc., on its part contained
in this paper writing, all the proper- j
ty turned over to it by the town, to- j
gether with all improvements, additions
and extensions made by the
Power Company, at the expense of
the Power Company and which by
the terms of this agreement are to
be vested in the town, shall at onrc
be surrendered up to the town by
the Power Company, and the town '
shall have the right of immediate action
against the Power Company, or
its assigns to recover any and all damages,
arising or growing out of the
failure or refusal of the Power Com !
pony or its assigns to keep- and perform
al, each and every of its contracts,
stipulations, covenants and
agreements.
Art. XI. The town represents
w.c, wine me no town oonus outstanding
and no mortgage, or other
instrument or right existing, which,
in any way, create a lien or any kind
upon its municipal light plant, transmission
and distribution lines, or on
any of the lands or property agreed
to be conveyed to the Power Company,
and agrees that it will not create
or give any lien thereon whatsoever,
except as same may be given
or created lor the benefit of the
Power Company, pursuant to the
terms of the contract of purchase,
and
Art. 12. In the event the contract
of purchase and sale he not approved
by a vote of a majority of
the qualified voters of the town at
an election to be held in forty five
days, the Power Company has the
right to declare void, at nr.y time
within 90 days.
Art. 13. If Power Company becomes
entitled to a deed as *?<?t forth
in Article 8, dismantle, abandon or
discontinue the use of the NTotla
Plant, in accordance with Article 4.
it shall deposit with Wachovia Bank
and Trust Company of Asheville, N.
C.. par value first mortgage bonds of
the Power Company, to an amount in ;
par value of all electric light bonds
of the town outstanding, as of the
date of such dismantling, abandon- .
ment or discontinuance of the use
of said Notla Plant, together with all
insturod rnnnnno u?ia u? ?:j
f ,, vw uv.u saiu I
depositary bank as security for the IB
payment of the principal and inter-1
jst on said bonds, and to be re-dellv- ?
i?red to the Power Company, when it i
?hall become entitled to a deed as
set out in Article 8, provided that all
coupons on said first mortgage bonds,
as they mature, shall be surrendered
to the Power Company, so long as
the town shall not in writing delivered
to said bank, charge the Power
Company with default, in the terms
>f this agreement. Provided further
that the Power Company shall from
time to time, be entitled to a redelivery
to it at its first mortgage
bonds, equal in par value, to the
amount at par of the said electric
bonds for which it shal lhave paid the
town cash for the amortization thereof
subsequent to the date of the delivery
of its bonds to the depositary
bank, as herein provided. Trust
agreement he entered into with
bank.
The above contains a statement of
the material points of the contract,
to be voted on, on December 23rd,
1924, and it is believed that no material
matter ha? been ommittcd.
I
/AGE THREE
However, a!! persons desiring to read
the contract for themselves, arc notified
that the same can l?e had for
this- purpose, by callirv ?.c the office
of B. \V. Sipe, Secretary of the Board
of Aldermen and th? Schedule*, or
Appendices referred to, may also be
seen and examined at tire same place.
Whereas, in the judgement of the
Board the interests of the Town of
Murphy would be materially promoted,
and its welfare advanced by
entering into said contract, ant?
Whereas, the interests of the town
are protected by said proposed contract
so that a sufficient amount of
light and power will be furnished to
supply the needs of its inhabitant-,
and the prices and terms then ;n scr
out arc fair and equitable.
Therefore, be it resolved, that the
said proposition of purchase t>e accepted,
and the said contract be signcd
by the Mayor and the six members
f the Board of Commissions s. and
the Common Seal of the town thereto
annexed, to the end that same -hall
become the act, contract and obligation
of the Town of Murphy, subject
to its approval hy a majority of the
qualified voters of the town at the
election hereinafter called;
Be it. further resolved, that for
the purpose of submitting the said
contract to the qualified voters of
the town of Murphy, a special election
is calle dto he held, pursuant to
law*, at the regular polling place, in
the ccurt house, on the.23rd day of
December, 1024. That a new registration
of the voters of the town is
hereby order for the said election,
and T. W. Axley is hereby appointed
as Registrar, and he is hereby directed
to open the registration bool
for such new registration at the Murphy
Hardware Store in the town, on
Monday, the Wh day of November,
1i)24, and to ktep said books open
daily, Sundays excepted, up to Saturday,
December 6th, 1024, including
both said dates, and to attend at
said place as provided hy law, and
register all legal voters? of the town,
applying for registration. Only
those poisons so icgisterlng shall be
qualified to vote in said election, save
and except such as are alowed by
law* to register on the day of election.
Notice of this new registration shall
be published once a week, during the
time said hooks are open, and the
week proceeding their opening, in the
Cherokee Scout, and notice thereof
shall also be posted at the court house
door, and si xother places in the
town of Murphy.
H. L). Akin and Sid Pendlcy are
hereby apointed as judges of said
election, and with the above named
registrar, and after qualification as
required by law, are authorized and
directed to hold same on said 23rd
day of December, 1924.
At said election those electors favoring
the sale of the hydro-electric
plant and its equipment, pursuant to
the terms of the contract hereinbefore
set out, shall vote a written or
printed ballot bearing the words
"For Sale Hydro-electric Plant," and
those opposing said sale shall vote a
written or printed ballot bearing the
words, "Against sale of Hydro-electric
plant," and if upon canvass of
the said result, it shall be ascertained
that a majority of the qualified voters
of the town have voted in favor of
said sale, a sherein provided, then the
contract herein set forth shall become
effective and shall go into effective;
but if a majority of the qual- -1
fied voters shail not favor the said
sale, the contract shall be treated as
having no further effect.
It is ordered that a copy of the minutes
of this meeting be published in
the Cherokee Scout, a newspaper
published in Murphy, X. C., for thirty
days as notice of the election
r>. w. aire-, i own Clerk.
Night Coughing?
How to Stop It
Night coughing which, through
loss of valuable sleep, often makes
you feel utterly worn-out and useJess
d iring the day, and by quickly
weakening the system lays you
open to the moot dangerous infections,
can now be promptly checked
by a very simple treatment. People
who havo hardly been able to
rest on account of coughing spells
have found that they can sleep the
whole night through undisturbed
often after the very first trial.
The treatment to based on a remarkable
prescription known as Dr. King's
New Pisco very. Ton simply take teaspo->nf'il
at night before retiring and
hold It In your throat fo?- IS or 2# seconds
before swallowing It. Tbs prescription
has a double action. It not
only soothes and heals the soreness and
Irritation, hut it quickly loosens and rent
or ee the phlegm and congestion which
to the real cause of the cough. Tbs
result Is that you usually sleep aasonodiy
as a babe the eery first night, and tba
cough goes In a vary short time.
Ths prescription contains bo opiates or*
harmful drugs. Excellent for children
as wall as grown-ups. P\>v coughs, chest
colds, hoarseness, sore throat, spasmodic
croup, bronchitis, laryngitis and bronchia*
aiuur*. At ?U nod OrmUtr A.v
.