Friday. D?ccmW 5, 1924 c legal ? NOTICE OF SALE UNDER DEED, OF TRUST Defauhh ha\ing bee -.iade by "W.j H. Fi?ld* in the payment of the sum of money secured by a d? ed of trust, ft dated Feftuary 1st, 1924, registered r in the onft^.f ?he Register of Deeds of ChW^kc* <^nty, in Book No. 74 at pag' 268(. V undersigned, as trustee, will for ^ie purpose of satisfy-' ing the sard indebtedness, offer the property conveyed therein at public auction, to the highest bidder for! cash, at the court house door in Mur- j phy, C . on the 9 th day of DecernL ber, 1924. at 11 o'clock A. M. Thei f indebtedness described above is fori the purchase price of the property1 due H. N. Elliott. The property above referred to j vra3 conveyed to the undersigned trus-1 tee for the purposes aforesaid, and> k described as follows: Known as the Hitchcock property, on platt book in the Register of Deeds office in Cherokee Glounty, North Carolina, Book 1, page 23, more particularly described as follows* Being Lot. No. 61. Reference is hereby made to the above plat for particular description of the meets and bounds, being a portion of the ^ land sold at public auction July 6th, 1921, Lot 50 feet front and 200 feet deep. This November 7th, 1024. L. E. BAYLESS, Trustee, i (13-4t-dw) 1 NOTICE TO BOND BUYERS. Notice is hereby Riven that sealed tids will be received up until noon ; of the First Monday in December, 1924, for all are part of an issue of, road bonds of Cherokee County to the amount of One Hundred and fifty Thousand Dollars, issued under the consolidated stateutes of North Carolina and the act of the special sen ion of August, 1924. of the General Assembly and by virtue of a resolu- j tion of the Board of Courty Com-1 missioners of said county at an ad-! joumed meeting held on November! 20th, 1924. Bids should state interest rates on j ^vjyhich same are based. Bids should j Ye addressed to Board of County Commissioners, Cherokee County. ! This Nov. 20, 1924. I S. W. LOVINGOOD, L (15-2t-rc) Chairman. : k NOTICE OF AMENDED I ORDINANCE r At a meeting of the board of City Commissioners on October 28th, Sec-! tion 109 of the public ordinance of the town of Murrhv was amended so as to read as follows: "Sec. 109. Any person who shall solicit patronage in and around any ] railroad depot in the town of Murphy for any hotel, boarding house, eating house, or taxi service, or leave the curb at said station In soliciting such hotel, boarding house, eating house or taxi cab patronage, shall, upon conviction, pay a fine of five dol-lars." REGISTERED, TRAINED BLOOD HOUNDS?When robbed or burned out call u?, we will do the work. Calls answered day or night. Wire us, Culberson. N. C. J. R. Harper & Son, Post office, Sweet Gum, Ga. (14-12t-pd) NOTICE By virtue of an order of the Court made in an action entitled S. W. Lovingood, Administrator of the Estate of D. W. Loudermilk, deceased,. vs. John I. loudermilk, et als, the1 undersigned Commissioner did, on, the 3rd day of October, 1924, offer, for sale to the highest bidder for cash at public auction, at the courthouse J door in Murphy, the lands hereinafter described, A, M. Simonds becoming the last and highest bidder for said lands at said sale; said sale having been reported to the Clerk of the. Superior Court of Cherokee County. for confirmation on the 3rd day of. October, 1924, and exceptions having been filed to said sale upon thej grounds of the inadequacy of the price offered for said lands at said sale. the Court ordered a re-sale of the same, by virture of which order the undersigned Commissioner will, on; Tuesday the 2nd day of December, j 3924, between the hours of 10:00* A. M. and 2:00 P. M. offer for sale j at public auction to the highest bidder: for cash, at the courthouse door in ' Murphy, the following described real j estate: j First Tract. In Hot House Township, j [ CherokeeH gir.iiig on the S. W. /Vf Tra< No. 130; then rnus 50 poles to a rock eorn^^onC Conditional line between U. S. Bal^* *nr?t E. Watson; thence N. 65 ^eT. *tod poles to a arafras corner standing in the origin: 1 lire of the : then S. E, *0 poles to a rADVERTISElV same;' then S. 55 W. 160 poles to the t beginning, containing 50 acres, morel or less. I j Second Tract. In Houthouse Town- i s ship, Cherokee County, Beginning on i a white oak, the southwest corner of I 103, and runs S. with the Tine of1 < Alphair Fain 40 poles to a small I s Spanish oak on the line of No. 183; ' then north with the line of No. 186, ' south 45 poles to a small pine on the 1 line of 180; then West with the line ' of 80 E. 48 poles to a small oak (fallen) and pointers, the north east 1 corner of said unmber; thence with j i the line of the said No. S. 40 E.J1 Johnson Thact, No. 7582; thence j' north with the line of said number S.; 40 E. 56 poles to a puplar, white oak I and rock corner of said unmber; "then J1 south with the line of No. 50 east.! 180 poles to the north west corner i1 of said unmber, a sourwood (fallen);,' then north 51 degrees west 130 poles to a locust, as the southeast corner of ( 183; then with that line S. 55 degrees west, crossing Hot House Creek at ; 118 poles, 160 poles to the Beginning, containing 145 acres, more or less. S. W. I.OVINGOOD (1512t-foc) Commissioner NOTICE OF DISTRIBUTION OF PARTNERSHIP IF WILSON CONCONSTRUCTION CO. Noticq is hereby given that the partnership heretoafter composed of R. V. Wilson, C. D. Geer and W. G. name of Wilson Construction Co.. with headquarters in Rutherfordton, North Carolina, has this day been dissolved and the business taken over 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 Wil-1 son Construction Company, R. V. j 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 good will, assets, liabilities and indebtedness of the said Company. This the 5th day of November, 1924. WILSON CONSTRUCTION COMPANY C. D. GEER, W. G. WILSON, K. V. WILtfUN (15-4t-pwp). NOTICE OF ELECTION A meeting of the Board of Commts-1 sioners is held at the Library Build- j ing, on the 17th day of November,' 1924, at 7:00 P. M., said meeting having been adjourned to this time J and place from the regular meeting, of the Board en the 13th of Novem-j ber, 1924. Present were W. M. Fain Mayor; B. W. Sipe, W. D. Townson; J. H. Phaup; J. B. Story; W. W. Hyde and E. P. Hawkins, Commissioners. 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 Commissioners, the following resolution was adopted: Whereas, in the opinion of the Board of Commissioners of the Town ' of Murphy, a sale of the hydro-: electric plant and its equipment, now owned ky the Town of Murpfty, ic 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 i 1 as of November 8th, 1924, in words i and figures as follows: J1 To the Voters and Tax Payers of the' 1 Town of Murphy: ji Notice is hereby given that a con- < tract to purchase and sell the hydro-. t electric plant now owned by the Town i' of Murphy, at a price which the \ < Board of Commissioners deems a fair.l and adequate one, taken in connect- J1 ion with the covenants, contracts and 11 agreements contained therein has 11 been tentatively accepted by said j < Board, subject however to the wili j 1 of the majority of the voters of ttiejl town to be expressed at an election 11 to be held on the 23rd day of Decern- ? ber, 1924. 1 Accordingly, this election is hereby 1 called for said date, to be held at ? the usual polling place. A new re- ? gistration has been ordered, so that < s it will be necessary that all persons J < desiring to express their will,must I < register a new. T. W. Axley has J been appointed as Rcgisterai and he(? will open the Registration Books at 1 the Murphy Hardware, in the 1 Town of Murphy, on the 24th day of Iwvcnibcr, !02!, ur.d ut Itl, \ place from the morning of day until the close of Saturday, Decern- ! ber 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 held said election on the 23 d day of Dteo.nb . 191.'I dnr . I THE CHEROKEE SCOTT, MURP i???i ^ w 1ENTS I . | al 7 -tc :he purpose. ar All voters desiring to vote their cj approve of the sale of this property ^ ihall vote a written or printed ballot, . hereon shall be written or printed ^ :he words: "For Sale of Hydro- bi 'lectric plant," and those opposed, a in similar ballot, with the words: gi 'Against the sale of Hydro-electric hs Plant," and if a majority shall ap- al prove, the sale an the contract shall ci be consummatted. c: The contract agreed upon by and !a between the said Board of Commiss- m ioners and the proposed purchaser, d< Carolina- Tennessee Power Company, al is as follows: Art. 1. In consideration of the 61 payments of the sum of money, and a; the performance of the conditions, T stipulations, contracts, covenants and ? agreements set out in contract, the s' wmi WW ecu IU uiC V-UI UliUil* Tennessee Power Company the light ? and power plant now owned by it, including its dam on the Notla River, h and all lands covered by It and water ? above it, all lands and easements in n lanJs owned in connection with it; a its transmission and distributing n system, power house, and land on which it stands, poles and wires, s. distribution lines, and appliances and t equipment of every kind and charac- j t ter and kind, used and owned by the j >' town in connection with said plant, i Art. 2. The town agrees, as soon ' t as the approval of votes is obtained ' t to deliver possession to Carolina-11 Tennessee Power Company of all of! e sale property rights, and to transfer j o to it all its unpaid accounts for elec-1 h tricity or power, that may have ac- a crued or become due for electric i' light or power during the full calen- t dar month in which possession is a transferred, with the right in said n Carolina- Tennessee Power Company a to collect the same in its own name, c or the name of the town, and same, s when collected, to be the property C of Carolina -Tennessee Power Co.; a and it shall also have the benefit b of any and all contracts for elec- I tricity which the town may then have, i and which are embraced In a schedule a attached to the contract. The Caro- a lina- Tennessee Power Company 1 agrees to at once take charge of the a plant and all taid property, and to t meet all regular and usual pay roll? g for operation, after the beginning of i the month following the transfer, s estimated and agreed not to exceed t $500.00, and tj o,-crate the sarnc-; to li furnish electric ity for lighting, to f citizens of Murphy, for five years, f at not to exceed ten cents net, kilowatt hour, and during the life of f franchise thereafter, at no greater li rale than allowed by State Corporat- a ion Commission or its successors, t and to furnish heat and power to c those in Murphy desiring it, at no r gnawr man anoweu oy saia ^oni- v mission or its successors; to furnish t transformers, etc., in lieu of the pay- C ment of municipal taxe.. and license n fees during the life of the franchise, c and to furnish without charge, the g same number and character of street o lamps during said period, and to keep C same burning from 30 minutes after si sunset, until 30 minutes before sun- a rise, and in further consideration of'ii exemption from municipal tax, lie- si ensc fees, etc., additional service t< without charge as follows: electrical e em rgy equal to that now delivered to' f the transformers of present street it lighting system, and to deliver with-' it out charge to street lighting equips a ment, additional td that now Installed, p bo he purchased, paid for and owned ri by the town, as may be demanded by e: the town, subject to the contitton v that the town can demand not more -C than 10 per cent increase of electrical energy, ver that now being tl ielivered, in any one year, and this p liability for additional street lighting u ?ervice free, shall cease, when 100 li ;>er cent increases shall have sup- ei ;>lied. In further consideration of ir if release from municipal taxes and ti icense free, the Csrclina-Ter.nessee p Power Company shall, at its own ex- d [>ense instell the apparatus, materials ti ind equipment necessary to enable tl the town to use the electrical energy h for street lighting which it Is obligat- ti ?d to furnish without charge. All b itrect lighting over and above this, ihall be supplied by Carolina-Tenn- e ?ssee Power Company at the cost and e> rxpense of the town, under reasona- d t>le conditions to be agreed upon, but u at rate not to exceed that allowed by \\ the Corporation Commission. Within C these limitations, Carolina -Tennessee C Power Company is to establish and f wf int; '''feet rat-? sA,?c.dtiles, and li reasonable regulations, governing the & supply and use of electrical energy it f may furnish. v Art. 4. The plant is to be main- a tamed at its present state of effic- e ioncy and Carolina-Tennessee Power t Company is to make, upon reasonable b notice from consunv r such Improve- y ments, a<! ltioni? J exto sions t 4 " -ributingjt 73!!S5S^^ 'stems as may be reasonable necesiry to supply the needs and demands r the town and the inhabitants, at 1 times during- the franchise, and supply standard electric light, heat id power service to the town and its tizens and residents at the price set >rth. Provided that if Carolinaennessee Power Company shall jild another plant, or plants, and stall generating equipment of agregate capacity of at least 10,000 jrse power, and makes power availi)le therefrom to the town and its tizens, to a volume equal to that ipable of being supplied by the Noti plant, it shal lhave the right to dislantlc and discontinue the latter, if esired, and to discontinue Its use as n independent unit, and it may ike and use all the property of cvry kind conveyed to it by the town s it may elect. Where Carollnaenness Power Company substitutes tlier lands, rights, plants, etc, for milar items, or other electrical ser ice, for electrical service now belg supplied by Notla Plant, Carona-Tt nnessee Power Company shall ave the right to sell at its option, r convert to such other use as it lay desire, any and all such properly nd rights, for which it shall have lade adequate substitution. Provrdd all moneys received from such ales, shall be paid over to the town, o be aplied by it to the next amorization payments, that may fall due n accordance with Appendix "B" Art. 5. In consideration of th* urning over of this property by thr own, and of its stipulations, conracts, etc., Carolina-Tennessee Powr Compay agrees to pay all interest n the bonds of the town which were usued to build and equip the plant nd which are still outstanding, a? t becomes due and payable excepl he interest that may have accrued ,s of the first day of the calendai aonth in which it may take charge, nd, after said date, all amortization harges on said bonds, it being under tood that Carolina-Tennessee Powei 'ompany is to relieve the town ol til liability on these bonds, whethei iy way of principal or interest. Aplendix "B" attached sets ous nterest and amortization charges, imounts of payments by way of botl ttwl tb (L-lttw vi'hi.n <tno rornli'n? 'ennessee Power Company list grres to pay to the town cash equal ot the difference between the ag ;regate principal of th bonds listed n this appendix that may be outtanding at the time of transfer ant: nrs, in five equal installments, tht irst to be made at the time of transer, and annually thereafter. Art. 6. As secbrity for the per ormance of its contracts, etc., Caro ina-Tennessee Powei Company grees to execute and deliver to tht own a bond in the sum of $25,000 onditior.cd for the faithful perfornanee of all its agreements, etc., . hich bonds is' to be aproved by the own as to solvency, provided thai 'arolina-Tennessee Power Company nay kep on deposit with the town ash, of unmatured bonds, at par, agregating this amount, and no bond r deposit shall be required after 'arolina-Tennessee Power Company hall have made improvements and dditions to the plant and distributig system equal to $25,000, which hall have vested in the town. The own is to retain the title to all prop, rty agreed to be conveyed, until tht ower Company shall have paid for : in accordance with Article 8, and ; is agreed that all improvements nd additions made by Power Comany upon the lands, easements, ights, streets, alleys and public placs of the town shall, when made, est in the town, until the Power ompany shall be entitled to its deed. Art. 7. Grants a franchise right Lo Carolina-Tennessee Power Com any iur sixiy ytais irum auie, iu se the streets, alleys, and other pubc places in town for purpose of recting, constructing and maintainlg operating poles, wires, conduits, ansformers, or other apparatus, apliance or equipment, necessary, or esirable for transmission of eiecrical' energy into town, and in and trough town, as now existing, or erenfter extended, and the opcraon of an electric light and power usiness within the town. Art. 8. While said light and powr plant with all appurtenances and quipment and all extensions and aditions remain the property of thc)wn, it, the town, agrees to tndemn. ry and save harmless the Power ompany against any claim for State, "ounty or Municipal taxes or license ees on same, and to execute and dever t?? the power company or ucce&sors or assigns, n good and suficient deed, with full covenants of rarranty, conveying in fee simple, 11 the properties described, and all xtensions, improvemets and addiions, and all property constituting elonging or appertaining to said ilant and distributing system, or flu "r . 1 electric genei ruing and ciis ribut'rg system op? ?ated by f j , lina-Tennessee Power Company I | wWch may then be owned by the j I town, whenever requested '?y tr.c I j Power Company, and upon its ccm-' pliance with the payment*, stiptilaj tions, contracts and agreements. I which aer to be performend before the date of such rquest, and upon satisfactory proof that the Power Company or its successors, or assigns, have fully relieved the town from all liability on account of principal or interest of said bonds, provided, however, that the town will, at any time, make said ded, upon the tender of | cash or uncacellrd bonds at par, of j the issue listed in Appendix "B", in : an aggregate amount equal to the principal of all bonds then outstanding and all accrued interest on all outstanding and unsurrendered bonds, except those so tendered. Art. 9. Should the Power Com pany notify the town that It desires to acquire lands, or easements in lands, to use or hold for the purpose of adding to, extending, replacing or improving the electric generating j distributing system being used to sup-' ply the town and its citizens, the town agrees to acquire and hold the same as a part of its system, to be conveyed to the Power Company, upon its compliance with the provisions of Article 8. Power Company to pay the town promptly the reason-1 able cost of the property so v quest- : ed to be acquired, upon presenta-, tion of an itemized bill therefor, but j the title is to remain in the town, un- | i til the Power Company shall have ac-1 quired the right to have the same conveyed by the deed mentioned in Ar-, tide 8, and no longer, it being understood that all such lands, etc., arc j to be included in the deed as part i of the property to be conveyed there-1 i byArt. 10. In the event the Power j Company has not acquired the right to have the deed provided for in Ar' tide 8, and shall fail and refuse t<> carry out any of the stipulations. f contracts, etc., on its part contained in this paper writing, all the property turned over to it by the town, together with all improvements, additions and extensions made by the . Power Company, at the expense of 1 the Power Company and which by the terms of this agreement are to 1 be vested in the town, shall at once ' be surrendered up to the town by the Power Company, and the town ' shall have the right of immediate nc tion against the Power Company, or ' its assigns to recover any and all damages, arising or growing out of thfe failure or refusal of the Power Company or its assigns to keep and perform al, each and every of its contracts, stipulations, covenants and agreements. Art. 11. The town represents j that there are no town bonds outstanding and no mortgage, or other j instrument or right existing, which, in any way, create a lien or any kind upon its municipal light plant, transmission and distribution lines, or 011 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 for 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 be not a;: 1 proved by a vote of a majority of. the qualified voters of the town at i an election to be held in forty five days, the Power Company has the j right to declare void, at any time within 90 days. Art. 13. If Power Company becomes entitled to a deed as set forth i in Article 8, dismantle, abandon or i discontinue the use of the Xotla i Plant, in accordance with Article -J. it shall deposit with Wachovia Bank and Trust Company of Asheville, X., C., par value first mortgage bonds of; the Power Company, to an amount in par value of all electric light bonds; oi tne town outstanding, as of the j date of such dismantling, abandon- j ment or discontinuance of the use i of said Notla Plant, together with all | matured coupons, to be held by said j depositary bank as security for the payment of the principal and interest on said bonds, and to be ro-delTvered to the Power Company, when it shall 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 of this agreement. Provided further time to time, be entitled to a rede-1 livery to it of its first mortgage j , bonds, equal in par value, to the I amount at par of the said electric bonds for which it shal lhave paid the , town cash for the amortization iherel of subsequent to the date of the <Se ilvery of its Ion t the depositary - hank, r > . .1 pi 1 j * Ic *1. k. v. 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 has been ommitted. However, all persons desiring: to read the contract for themselves, are notified that the same can be had for this purpose, by calling: at the office of B. W. Sipe, Secretary of the Board of Aldermen and the Schedules, or Appendices referred to, may also be seen and examined at the 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, an<r 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 inhabitants, and the prices and terms tneretn ser cut are fair and equitable. Therefore, be it resolved, that the said proposition of purchase be accepted, and the said contract be signed by the Mayor and the six members of the Board of Commissioners, and the Common Seal of th<- town thereto annexed, to the end that same shall become the act. contract and obligation of the Town of Murphy, subject to its approval by 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 i? calle dto be held, pursuant to law. at. the regular polling place, in the co-urt house, on the 23rd day of December, 1924. That a new registration of the voters of the town is hereby order for the said election, and T. \V. Axley is hereby appointed as Registrar, and he is hereby directed to open the registration hook for such new registration at the Murphy Hardware Store in the town, on Monday, the 24th day of November, 1924. and to keep said books open daily, Sundays excepted, up to Saturday. December 6th, 1924, including both said dates, and to attend at said place as provided by law, and register all legal voters of the town, I applying for registration. Only i those persons so registering shall be ! qualified to vote in said election, save j and except such as are nlowcd by i law to register on the day of election. | Notice of this new registration shall be published once a week, during the time said books are open, end the i week preeeeding their opening, in the Cherokee Scout, and notice thereof -hall also he posted at the court house 1 door, and si xother places in the town of Murphy. ! H. P. Akin and Sid Pendley arc ! hereby apointed as judges of said ! election, and with the above named registrar, and after qualification as required by law, arc 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-elec trie plant.*' and if upon canvass of the said result, it shall be ascertained that a majority of the qualified voters of the tewn have voted in favor of said sale, a shcrein provided, then the contract herein set forth shall become effective and shall go into effective; but if a majority of the qualfied voters shall 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, N. C., for thirty days as notice of the election aforesaid. yA W. M. FAIN. Mayor. B. W. SIPE, Town Clerk. New Way to Quickly Stop Worst Cough A remarkable new and sin..do method fur treating a cough r-ri-'es relief with the flr3t doses ana usually breaks a severe cough iti -4 hours. The treatment is based on tho prescription K-iOwr. as Dr. King's New Discovery for Cough*. You take Just ore toaspoonfui and hell It in your throat for 15 or 2" seconds before swallowing, without: following with water. Th? r>" 'crip- I tion ha* a double aetion. 1: -.i.e. only root he s r.i?d heals sor icss an 1 Irritation, but it quickly loosen J and u.t.ov?8 the phle,.;u? i.i . :igcstlon which arc the direct - of the coughing. People have been astonished how tjolekfy !.; eougning stopped with this new treatment. and the whole cough conJi- ? J tion iro^s In a verv short tim<? ii.? prescription is iui coukiiS? chest colds, hoarseness, trorc. i | spasmodic croup, etc. It Is excell it | for t hlldren as well as c'^nups? | no h rmful drugs. Economical. to% ai t' e dote Is only ono teaspoon ful| At u:i good druggists. Ask for ulSCOVERY B .a. o - , <r . *

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