North Carolina Newspapers

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 .