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The Joumot-Potriot Hos Blazed the Troll of Progress In the "State of Wilkes" For Over 43 Y
NORTH WILKESBOftO, N. 0. Monday. March fi ioko
mm Merrfc 9, wiii
a caae involving the validity of
the North Wllkeoboro's mayor's
\ court.
The Qaeetion will reach the
high court through writ of certiorari
taken by the Town of North
Wilkesboro following the release
of a convicted person by habeas
corpus before Superior Court
Judge Justice C. Rudisell, of Newton.
Mrs. Grace Lovette Wingler
was convicted in North Wilkesboro
mayor's court for keeping a
j'aerderly house and for prostitution.
Mayor R.T. McNiel as pre;
aiding judge sentenced the worn!
an to two years in jail. She gave
notice of appeal to superior court
*4rad filled bond. Later she was
surrendered by her bondsman to
jail and htrough writ of habeas
corpus pleaded that she was unlawfully
imprisoned because the
t court In North Wilkeeboro was in:
valid. Judge Rudisell allowed the
; writ and released the defendant
and her bondsman. Mrs. Wingler
I has since been indicted in Wllji
kes superior court on the same
Charge but when she was released
« and before she was indicted she
left this community and has not
been taken on the superior court
charge.
In the writ of habeas corpus it
' was alleged that the mayor's court
; in North Wilkes boro was operating
without power of law. It further
set out that the 1949"legislature
passed an act amending the
•et-up of the court and providing
that the city commissioners appoint
and pay a salary to a judge,
who would Hot be" aft elected official,
and that all court officials
be paid salaries instead of fees
from defendants taxed with costs.
Under the prior system the mayor,
elerk and solicitor were compensated
by fees paid by defen
aants taxea wun costs.
However, the city commissioners,
having been advised that the
new act was unconstitutional,
elected to retain the old mayor's
court and not make the changes
as prescribed by the act of 1949.
The petition for the writ of
Habeas corpus set out that the
mayor since effective date of the
1949 act had no power to. be
judge of the oou|rt, and also alleged
that the system of compenM-tMng
the judge, solicitor and
cleric of the court solely by fees
from convicted defendants is unconstitutional.
. Through writ of certiorari those
Jfected are seeking to clear up
S entire matter of validity, including
the question of constitutionality
of the 1949 act as well
as validity of the mayor's court
as previously and presently operated.
•
Mrs. D. F. Byrd Is
Claimed By Death
Mrs. Wadie Byrd, 04, wife of
D. P. Byrd, of North Wilkesboro,
died Sunday afternoon.
Funeral service will be held
Tuesday at two p. m. at Oak
Ridge church. Rev. Charles Richardson
and Rev. Troy Blevlns
will conduct the service.
Surviving Mrs. Byrd are her
husband and the following sons
and daughters: Clifton Byrd, of
Detroit; Mrs. Ollle Yale Hillard,
Winston-Salem; Mrs. Presley Adams,
North Wilkesboro; Mrs. Don
Trent, Millers Creek; Mrs. Gwyn
Watkins, who resides in Oregon;
Albert Byrd, Mrs. George Combs,
and Mrs. Arlie Hayes, of North
Wilkesboro; Mrs. Quincy Reavis,
of Wilkesboro.
o
Alexander C.hild
Funeral Saturday
Phillip Eugene Alexander, twojfyr-old
son of Willie Amos and
THa Mae Burchette Alexander, of
the Rock Creek community east
of this city, died Thursday night
at the hospital hereFuneral
service was held Saturday
at 11 a. m. at Arbor Grove
Baptist church with Rev. Jimmie
Bryant conducting the last rites.
Surviving are the father and
mother, three brothers and two
FAMOUS CONCERT ARTIST COMING
RUBINOFF AND HIS VIOLIN
TO GIVE CONCERT MARCH 22
Rubinoff and his violin, internationally
famed concert artist,
will appear in a concert here on
the night of March 22nd, 8:30 o'clock,
at the Veterans of Foreign
Wars clubhouse.
Rnbinoff will come to North
Wilkeeboro under auspices of the
North Wilkesboro Lions club, W.
D. Jester, Lions president, announced
today.
"We feel indeed fortunate in
being able to bring such a great
urtist to North Wilkesboro", Paul
Cashton, Lions district governor
ind chairman of the Rubinoff arrangements
here, said in connection
with the announcement, "and
re are all aggressively determined
to make this one of the outitanding
events of the year in this
community".
Pointing **ut that special committees
and ticket selling locations
would be announced soon,
Chairman Cashion urged all organization
members "and others interested
in civic betterment to
loin in making a financial success
for the benefit of Lions
club's charitable activities in the
Dr. H. G. Dincan
Dies In Aeeideat
Or Farm Saturday
Dr. Hannibal O. Duncan, 64,
nationally known educator and
author, was killed by an overturned
tractor on his farm near Wilkesboro
Saturday, 11:30 a. m.,
while his young son, Eric, tried
raliantly to rescue him.
Coroner I. M. Myers, who investigated
the accident, stated
that Dr. Duncan was plowing with
a tractor when the tractor went
too near the bank of a small
stream. The wheels slipped off the
bank and the tractor overturned.
Brie told the coroner that his
(ather jumped to the opposite
bank of the stream but the ov-|
erturned tractor pinned down his
legs. Eric used 4 mattock to'
move dirt in an effort to free his
father's legs of the weight of the
tractor but a shift bar was Just
over his neck. The tractor settled
lower and Dr. Duncan died before
help summoned by the calls of
Eric from an adjoining farm
could arrive.
For the past several years, Dr.
Duncan had suffered with heart
disease, and it was believed that
a heart attack at the time of the
accident was immediate caused of
his death.
Dr. Duncan, a member of a
widely known Wilkes family, was
born December 14, 188.5, at Moravian
Falls, a son of the late Daniel
Scroggs and Elzina Canter
Duncan. In early life he began a
broad career of education. In 1913
he received an A. B. degree from
Wake Forest College; in 1915 a
M. A. degree from the University
of Pennsylvania; in 1916 a B. D.
degree from Crozer Theological
Seminary,* in 1918 a Th. M. degree
at the same seminary, and
in the same year a Th. D. degree
from Southern Baptist Seminary.
In 1920, he received his Doctor
of Philosophy degree from the
University of Pennsylvania, UL
Dr. Duncan's teaching career
began at Moravian Falls Academy
8#e — ML DUNCAN — Page 8
WTlkeaboros and all Wilkes county".
Rubinoff and his violin, long a
favorite American combination, is
well known to millions both from
bis many concert appearances, nation-wide
radio broadcasts with
Eddie Cantor, and hia motion picture
engagements. A conductor
Mid composer of note, the popular
maestro has retained unanimous
public approval through his conjtant
rendition of selections the
public auetoally desires to hear.
Fhe current concert tour is heralded
as ''in tune with the times".
The famed musician will bring
liere for hie concert the fabulous
StrwMvariu# TioUn.which, insured
for 91^0,000, is reputed to
possess the most beautiful tonal
lualitles in the entire world; and
1 brand nevKprogram of famous
tavorites loved v by the American
people, such as Warsaw Concerto,
Chopin's Polonaise, DeBussey's
Claire de Lune, and Gershwin's
Rhapsody in Blue. These compositions
will have their premier performance
as violin solos arrange
ad and played by the maestro.
Revival Under Way
Revival serviced at Pentecostal
Holiness church in this city
will continue through March 12
with services each evening at
7:30. The pastor, Rev. A. J. Adkins,
is being assisted by Evangelist
J. H. RodgefB, of Martinsville,
Va. The public is invited
to all services.
1 « ■ i 1 ■
Renew Subscription
Before March 10th
Journal - Patriot subscribers
whose subscriptions expired on
March 1 will have until Friday,
March 10, to renew before their
subscriptions are discontinued.
A.11 who have received notice of
Bxpiration are respectfully repeated
to send In their renewals
before Friday so that they will
not miss any issue* or The Journal-Patriot.
Transportation mad Utilities
committee of the Wilkes Chamber
Of COmaeree has called a
public meeting to be held Thursday,
four p. m., at the North WMkesoro
town hall for consideration
of the report aad order of
the North Oars'itoa tmirii— Gummission
relatlre to toiat aaae imWllkes
county.
The pnrpoae of the mating is
to study th« report aad order of
the commission and glre Interested
citizens an opportunity to ask
any changes they desire in the
commission's order.
The Transportation and Utilities
committee has invited one or
more representatives of every
community seeking rural telephones,
attorneys for those
groups, Central Telephone company
manager here, local representative
of the Utilities Commission
and representatives of manufacturing
plants.
Home Club Speaker
»hwwww»wwhw»h%»h»
Judgq Camllle McOee Kelley,
nationally known for her
work aa Jarenlle court )odge at
Memphis, Tenn., will address
the Spring Federation of Home
Demonstration dub women of
Wilkee, Surry and Yadkin at
Elkln Thursday, March 9th.
Candidate Smith
Is Visitor Here
Willis Smith, Raleigh, attorney
"who recently announced his
candidacy for the U.S. senate seat
held by Senator Frank P. Graham,
spent Saturday night in
North Wilkesboro and conferred
with a number of friends here
relative to his campaign for the
nomination.
Mr. Smith was enroute to Lenoir
to deliver an address Sunday
at a dedication of a Moose
Hall.
While here Mr. Smith expresed
much satisfaction with response
to his announcement that
he will seek the Democratic
nomination for senate. .
Support The Red Cross
Banquet Opens Wilkesboro Agriculture Departmenf Building
This Is a scene at the Future Farmers of America father and son banquet held on
Wednesday night opening the new agriculture department building of Wilkesboro
high school. Standing, left to right at the tpeakers' table are: County Agent Paul
Choplin, Kenneth Ferguson, Agriculture Instructor Fred Davis, C. O. McNiel, chairman
of the county board of education, Durant Hayes, F.F.A. President Hugh Ma*
Y^BalUn T
»■. Jr.)
M—»»—»•>»»»»»
GOVERNOR PRESENTS PLAQUE TO WILKES
Governor W. Kerr Scott, left, is shown here u he presented
a plaque honoring Wilkes County for having voted
the largest majorities in the state for state road and
school bonds in die special election held last June 4.
Receiving the plaque are M. F. Absher, center, chairman
of the Wilkes County Board of Commissioners, and
D. F. Shepherd, member of the Wilkes County Board of
Education. Governor Scott addressed the large crowd
present for the presentation Thursday at die Wilkes
courthouse. (Photo by S. Lane Atkinson, Jr.).
Many Will Attend
Spring Festival Of
Home Clubs Mar. S
Annual Spring Fsetival o
1 Horn/ Demonstration club worn
en in Wilkes, Surry and Yadkii
counties will be held in the Gil
▼in Roth Y.M.C.A. in Elkln oi
Thursday, March 4, beginning a
10:15 a. m. and continuing unti
2:30 p. m.
Elkin Kiwanis club is sponsor
ing the program and will provid<
lunch free to all Home Demon
stratlon elub women.
Presiding will be Mrs. A. 1
WhtttMgton, member of the Hon
da elvb of Wilkes county and dis
trict president.
Highlight of an interesting pro
gram will be an address by ttii
nationally famous Judge Camlll<
McOee Kelley, juvenile court par
ist at Memphis, Tenn. Known a
the "Heart Center of Memphis"
Judge Kelley's court has becom<
a nationally known institution
Topic'for numerous magazine ar
tides, Judge Kelley has captur
ed the fancy of the American peo
pie and is in great demand as i
speaker. Recently, she has re
cetved an offer from Hollywoo<
producers to make a movie cen
tered around her now famou
court.
o—:—
Funeral Held Sunday
For Mrs. Andrew:
- Funeral srevice was held Sun
day at 11 a. m. at Little Rocl
i Baptist church for Mrs. Matildi
Andrews, 90, who died Friday a
her home near Boomer. Rev. A
W. Eller and Rev. R. L. label
conducted the service.
Surviving Mrs. Andrews ar
two sons and one daughter: R
C. Andrews, N. C. Andrews, san<
Mrs. Hettie Graybeal, all o
Boomer
o
Renew Concert Membership.
W. Genio Walsh
Is Candidate For
i Offieeoff Sheriff
' Beaver Creek Resident Files
For Office On The Democratic
Ticket
W. Genio Walsh, a prominent
I citizen of the Beaver Creek community
of Wilkes county, has announced
his candidacy for sheriff
, of Wilkes county on the Democratic
ticket and filed his notice
of candidacy and filing fee with
the Wilkes county board of elec•
tions.
Mr. Walsh, the son of Mrs. Louia
Triplett Walsh and the late
. W. F. Walsh, was bora February
, 20, 1908. He is engaged in farmi
ing, mercantile business and' me.
chanic work and resides in the
, Beaver Creek community near
Ferguson.
) Mr. Walsh is a member and
. deacon of the Beaver Creek Bap.
tlst church. He is also active in
- community and fraternal affairs
■ and is a member of Mount Pleasi
ant Masonic lodge and the North
. Wilkesboro Chapter of the Order
I of the Eastern Star.
' Dave Mmk Rites
Conducted Today
* Funeral service was held this
_ morning at Fishing Creek Bap.
tist church for Dave Mink, 82,
{ long a prominent citizen of Wilt
kes county, who died Friday
night here.
j Mr. Mink was stricken ill on
Sunday, February 26. Although
j In declining health for a number
of years, he had been able
| to look after his business until
r his final illness.
For several decades Mr. Mink
was engaged in lumber manufacturing,
and operated a plant
near his home three miles west
' of Wilkesboro on old Highway
60. A leader in his community
i oyer a long period of time, Mr.
Mink was known and respected
by a wide circle of friends and
acquaintances. He was also a
leader in the Republican party
in Wilkes and had held several
positions of leadership in the
party. .
Surviving Mr. Mink are his
wife, Mrs. Victoria Mink, and
one daughter, Mrs. Oma McLain,
of Wilkesboro route two. Also
surviving are nine grandchildren
and eight great-graadchildren.
Rev. Chralie J. Poole, pastor,
conducted the funeral # service,
which was largely attneded.
C. B. Lewis, 72, Is
Claimed By Death
Columbus Brady Lewis, fl, a
well known resident of the Benham
community, died Sunday afternoon
at hit hoBMu
Funeral services will be held
Wednesday at 11 a. m. at Cool
Springs church with Rev; Marvin
Burcham in charge.
Surviving Mr. Lewis Ms lib
wife, Mrs. Sallie Lewis; one son,
Marvin Lewis, of Blkin; and twb
tum!
/
Sirwpy
-=•- - * <■
«
Definite Orders To Be
Resulting from t htwlng Md
S the North
Jllna Utilities Commission
»rdered the Central
ssr
1*7
I a complete report.
The compear wu also ordered
to repair, and replace where
necessary, the cable line to Wlkeeboro
to ade«uately ud Mdr
factorily serve that area. September
1 was set as th» deadKne tor
completion of this vork.
The company was ordered to
provide sufficient toll circuits out
of the city to all connecting points
by June 1.
The hearing here resulted la
delegations with testimony telling
of the need and demand for
telephone service into 14 rural
communities. Commenting on this
topic, the commission's report
said: "The number of people residing
in said communities, who
desire and agree to take the service,
Justifies the expanaion of
telephone service to said communities,
sufficient to take care of
the needs thereof, and upon some
fair and equitable basis, wherein
and whereby the telephone oompany
can be compensated by a
reasonable rate of return on investment
of capital necessary."
The commission's report listed
among these communities Ldthia
Springs and Brushy Mountain.
Oak woods, Pores Knob, Boomer,
Ferguson, eight miles east of Wilkes
boro along highway 4X1 to
Cranberry community, all that
section from Wllkeeboro to MoraTtan
KeU*». Brocktown, section
to eight miles. Champion, Millers
Creek, Mulberry, Congo road,
Falrplains and Roby Rhoades
community.
xne telephone company's rural
report 1b asked to show total polo
miles, total circuit miles, -definite
number who agree to take and
keep service, indicating whether
or not subscribers will make a deposit,
pay rent in adrance, or
Just what agreement each subscriber
will enter into to show
good faith.
The report of the company on
request for rural lines will also
show estimated cost of each project,
so as to show actual cost of
each phase of construction, and
anticipated revenue to be received
from each project.
The commission proposed that
when the report is received that
each project will be checked and
investigated and that final orders
will be issued following investigation
of the projects.
Commenting on the Wilkes
area the commission's s report
stated:
"Wilkes county is among the
leading counties in th« state of
North Carolina in Industry and
agriculture. The county has made
much progress in the past few
years, and there has developed
within its bounds, a great industry
in the raising and processing
of poultry. Vast Quantities
some of the finest and most
ductive apple orchards to
found anywhere throughout
entire United States. Some