The FraaLiIItii Times
Published Every Tuesday & Thursday ^ ^ * Serving All Of Franklin County
Phone GY6-3283 Ten Cents Louisburg, N. C., Tuesday, February 4, 1969 (Six Pages Today) 99th Year-Number 101
Guardsmen Launch Search
Guardsmen Stage Futile Search
For Missing Moulton Man
Hampered by a cold, misty rain
National Guardsmen from Louisburg,
Youngsville and Zebulon spent several
hours Sunday in a futile search for
some clue to the whereabouts of a.
62-year-old Moulton Community man,
missing since January 10.
Late Sunday afternoon the efforts
of nearly 100 guardsmen were halted,
after a thorough search at arms length,
through the heavily wooded areas near
the home of Brooks Merritt. failed to
uncover any clue in the four-week
mystery.
"Rain and swollen streams prevented
the search from being termed com
plete in the area, but officials believe
that there is little hope of finding any
clues in the wooded terrain covered in
Sunday's efforts.
Commanded by Lt. Col. John
Fleming of Raleigh, units of the Na
tional Guard began their search shortly
after 11 a.m. and continued until late
Sunday. Hundreds of spectators visited
the area throughout the day, but none
were allowed to participate in the
highly organized mission.
ID Checks
Mailed y
An announcement from the Indus
trial Development Commission office
discloses that Checks totaling
$3,512.00 have been mailed to holders
of Franklin Building Corporation
bonds, which financed the con '.ruc
tion of the Gay Products O ipany
building.
The bonds were sold in 1964 to
200 buyers and totaled $87,800.00.
This Is the fourth annual payment of
interest to the holders. <
Merritt was first reported as missing
on Wednesday, January IS. He was
last seen, as far as is known by
officials, at the home of Sandy Jones,
a Negro neighbor near Merritt's home.
This, according to reports, was around
9:30 p.m. on the nighi of January 10.
Searches by friends and neighbors
and Sheriffs officers had already
proved fruitless. Merritt's friends and
neighbors have posted a reward of
$1,027.00 for information leading to
the conviction of anyone having in
flicted bodily harm to Merritt.
FHA Makes $550,000
Loan, Grant To Franklinton
A $450,000 loan and a $100,000
grant to the Town of Franklinton,
Franklin County, North Carolina, to
rebuild its water system has been
approved by the Farmers Home Ad
ministration, reports Meivin H. Hearn,
the Agency's State Director.
The loan and grant will enable the
Town of Franklinton to construct a
dam and reservoir on Cedar Creek to
supplement the existing raw water
supply, to provider a new 1.0 million
gallon per day water treatment plant
to replace the existing water treatment
plant, and to erect a new 500,000
gallon clear water storage reservoir.
Construction of the project will
provide 9,000 man-days of labor for
engineers, surveyors, and day laborers.
The system will be capable of deliver
ing 750,000 gallons per day.
Cedar Creek has been checked by
the North Carolina State Board of
Health and approved for use as a
source of raw water by the Town of
Franklinton. After treatment, the
water will meet the drinking water
standards of the U. S. Public Health
Service.
The Town of Franklinton has suf
fered from a very serious water short
m r? I' ll
age for several years. Water use has had
to be curtailed. The bond referendum
passed by an overwhelming majority.
Present population to be served by
the water system is estimated at 1715
inside town and 1050 outside town,
making a total of 2765. This system
will serve ? the Sterling Cotton Mills
located inside the town limits, and the
Franklinton Plant of Burlington In
dustries located about one mile eaat of
the town limits. , ?;
The Franklinton Plant of Burling
ton Industries employs about 350
people and is the largest single user of
water. ~ It is anticipated that future
expansion of the plant will raise the
number of emplyees to 500 people.
The Farmers Home Administra
tion's loan is to be repaid over a period
of 40 years.
Ofticers of the Town of Franklin
ton are; Town Mayor - Joseph W.
Pearce, Franklinton, North Carolina;
Town Counsel - William F. Pearce, Jr.,
Franklinton, North Carolina; Town
Clark - Mrs. Ormond Collins; Town
EaginMr - L. E. Woo ten and Com
pany. Raleigh, North Carolina.
Rural water system loans are avail
able to organizations operating on a
non-profit basis such as nonprofit cor
Dorations and water suddIv districts.
and small rural towns and other rural
political subdivisions.
Radio Station
Ownership
Changes
The sale and voluntary transfer of
license for WYRN Radio station in
Louisburg from Joseph T. Lane t/a
Franklin Broadcasting Company to the
Franklin Broadcasting Company, Inc.,
was approved by the Federal Com
munications Commission In Waahing
ton Friday, according to an announce
ment here Monday.
The officers and principals of the
new corporation are Clay McBride,
President and Program Director; Asher
F. Johnson. Vice-President and News
Director; and (Mr*.) Mollie B. Evans,
Secretary-Treasurer and General Mana
McBrlde. 42, a native of Fayette
ville, N. C., attended Ciemson and
High Point Colleges and Is an Air
Force veteran of Wor|d War II. He has
had extensive radio and Television
experience and has been associated
with WYRN Radio here since 1960 aa
See CHANGE Page 6
Officers Discuss Mission
?
State Seeks To Enter
Franklin School Case
Attorney General To Aid In Defending
Tuition And Contempt Charges
North Carolina Attorney General Robert Morgan has filed a request with the federal court for permission
to enter the Franklin County school suit. The necessary papers were filed last Friday in the federal Clerk's
office in Raleigh. -t ? ?
The "Motion and supporting Petition in Which is requested to allow the Attorney General to be admitted
to this case in the capacity of amicus curiae (friend of the court)" was signed by the Attorney General,
Deputy Attorney General Ralph Moody, noted expert in school law, and Andrew A. Vanore, Staff Attorney.
North Carolina, through the Attorney General,- seeks to "present the legal views of the State upon any
pertinent laws and statutes that may
be brought under consideration in this
cause".
Two major points are noted toy the
Attorney General, of which he says,
? "Any ruling of the court on this
subject will have State-wide effect".
---He states, on the points of tuition
charges and contempt charges against
the Board and Superintendent, that,
"the Attorney General of North Caro
lina would like to brief and argue t)iis
subject".
Most reports of the Attorney Gen
eral's actions have omitted the fact
that the State will argueand brief In
defense of the Board of Education and
the Superintendent of schools, who
are charged with contempt of court by
the U. S. Attorney General for not
having complied with federal court
orders. The Board denies this charge
and has termed the federal claims a
form of "harrassment".
School officials, having studied the
Attorney General's filings in a regular
monthly meeting here Monday night,
feel that the defense of the contempt
charges by the State, is tantamount to
the entry into the entire case. They
believe that the State cannot attempt
to argue against these charges without
defending the Franklin County
method of pupil assignment, ft was
obvious in Monday's meeting that the
Board and the Superintendent were
delighted that the State is seeking to
enter the case. /
"I feel that this is a major break
through in the long court battle", said
one Board member. 'The actions of
the State Attorney General should
have a settling effect on our entire
school system. Most of us now feel
thkt, with the aid of The State, Krahk- '
lin can successfully defend its school
operation."
In the Petition of the Attorney
General to appear in the case, it U
stated that, "The plaintiffs and the
plaintiff-intervenor attacked a ruling
made by the Attorney General of
North Carolina in 1958, in which the
' Attorney General ruled that pupils
whose parents reside permanently in
other states may not attend schools
within the State but the school boards
In question had the discretion to admit
such pupils upon payment of tuition
charges if classroom space was avail
able; that this initial rulipg was not
directed at colored students but was
made upon request of the school
superintendent who reported that
white parents residing in the State of
Virginia were sending their children, in
some cases, to relatives, and were
asking that they be admitted to the
public schools of North Carolina."
The document continues with 'The
Attorney General wishes to brief,
argue and maintain the position that
under North Carolina law and statutes
this ruling is valid and legal and is not
an unconstitutional administrative
practice." '2^
In Mr. Morgan's second point, the
Petition states, "That inasmuch as the
plaintiffs and the plaintiff-intervenor
are asking the Court to hold the
Franklin County Board of Education,
the members of the Franklin County
Board of Education, and the Superin
tendent of Schools of Franklin Coun
ty, in civil contempt, and are asking
that these persons be imprisoned or
fined, any ruling of the Court on this
subject will have State- wide effect, and
the Attorney General would like to
brief and argue this subject"..
The State Attorney General has"
asked for a hearing on his Petition to
enter the case on February 12 at 10
a.m. in the federal courtroom in Ra
leigh. The Board of Education has
until February 14 to file answers to
the charges by the United States At
torney General and the NAACP. The
date for a hearing on the full case has
not been set and Board attorney E. F.
Yarborough says he does not know
just when the case will come to trial.
* News releases Monday disclosed
that the Eastern District Court has a
large backlog of cases here in North
Carolina. This could delay the final
disposition of the latest charges against
the Franklin officials.
Board attorneys, it was learned, will
meet soon with Deputy Attorney Gen
eral Ralph Moody, to discuss the case.
Meanwhile, the Board of Education
said Monday night that no changes are
anticipated in the operation of the
schools at present.
Classroom leachers
Back School Officials
The Franklin County Classroom
Teachers Association has issued a pre
pared statement in which, the or
ganization gives its full support to
Franklin school officials. The or
ganization Is made up of classroom
teachers only, with no administrative
personnel allowed in its membership,
if was explained. /
The statement of support comes as
a result of charges Hied against the
Board of Education and Superinten
dent of Schools Warren W. Smith, by
former U. S. Attorney General
Ramsey Clark. The charges claim the
Board is not in compliance with court
orders calling for desegregation of the
schools.
The full text of the C. T. A,
statement follows:
The Executive Council of the
Franklin County Classroom Teachers
Association at its regular meeting.
January 30, 1969, unanimously
authorized the following statement.
We; the Executive Council, fully
support Superintendent Warren Smith
and the Franklin County Board of
Education.
Furthermore, we feel that Superin
tendent Smith and the Board of Ed
ucation have acted in good faith in
complying with the terms of the court
order under which the schools of
Franklin County are now operating.
Finally, the C.T.A. Executive
Council feels that the Franklin County
public school system has made excel
lent progress this* year despite the
claims of some groups and news
media.
Run-A-Way Car Meets Its End
' - .fn. ,
Unusual Accident
If unuaual happenings make newi, the accident which occurred here Saturday afternoon around 4 p.m. it truly newt. Shown
above la the end result of the unusual happening. The car, driven by Misk Pam Phelps, 16. "and occupied by her two sisters.
Brenda, 14, and Tammy, 4, is pictured as It ended a. wild trip down Cedar Street, along a narrow private drive way, into a small
garage and out the rear to land in a heap in a gully, ten reet below the garage level.
The Incident occurred according to reports, when the brakes failed as Miaa Phelps attempted to atop at the intersection -of
Cedar Street and East Nash. The vehicle crossed busy Nash and roared down the driveway of the home of >lra. J. Forrest Joyner,
Sr. and through the garage. As the car exited from the rear of the garage, It struck a power pole and came to rest partly on Its
left side in a muddy ravine. Hundreds of spectators flocked to the scene. The three girls were taken to Franklin Memorial
Hospital by the Louisburg Rescue Service. Only Brenda Phelps was admitted and her Injuries were not believed serious. Damage
to the car was moderate considering the hazardous trip It took. '? Photo by Clint Fullar