PAGE TWO THE FRANKLIN PRESS and THE HIGHLANDS MACON IAN Published every Thursday by The Franklin Press At Franklin, North Carolina Telephone No. 24 Public Opinion vol. XLvm Number !J BLACKBURN W. JOHNSON.. , . .EDITOR AND PUBLISHER Entered at the i'ost Orlice, Franklin, N. C, as second class matter. One Year Eight Months Six Months . . Single Copy . . SUBSCRIPTION RATES $1,50 $1.00 .75 .05 Obituary notices, cards of thanks, tributes of respect, by individuals, lodges, churches, organizations 'or societies, will be regarded as adver rising umT iiiserteiHit regular classified advertising rates. Such notices .Will, be marked "adv. in compliance with the postal regulations. We Have a Power Plant AX X O C N C E M E N T that the Franklin hydroelectric power plant will revert to the town on April 1 has revived the old dispute over municipal ownership. "Sell it," say many, "for 'if the town tries to operate it taxes will' go sky high." "Let's run it ourselves," say others, "so we won!t be at the mercy of the power companies." . Ve won't attempt to review the argument ; the pros and cons are well known. Furthermore, it looks like the town will. have to operate the plant whether lit wants to or not, for no new purchaser, has come .upon the scene. .IfeghpmiQ DE LEGIBUS Some examples of debateable laws of North Carolina and other jurisdictions arc here given and the opinions of jurists concerning their validity. Several years ago a man, charged with a misdemeanor, was tried in Macon Superior court and convict ed by a jury. The defendant did not go on the stand. Before sen tence was passed I asked the pre siding judge, in private conver sation, the following question: "Since the. jury was not permitted to consider the defendant's refusal to testify in his own behalf as circumstantial evidence of his guilt, can you consider it in passing sen tence ?" He answered : "I can and will consider' it when I lay sen tence." The judge's attitude imr plielTthat Tie'did not approve a law that ruled out a very convincing sort of evidence. . : Another judge, also in private conversation, said : 1 would like to see the oath abolished ; it does no good. Truthful people will tell the truth without the qualification of an oath and the untruthful will disregard it." The opinion of one who has been long on the bar and on the bench is worthy of consider ation. The next item has no name to conceal. Judge Sink, presiding at the August term, 1932, Macon superior court, said that grand .munici e r a t ion ,- nea r 1 evervb wl v seems "ten be agreed on one point that the rates should be lower ed. Of course, manv factors enter into this question; it should be carefullv studied bv experts before a new rate schedule is put into effect. But any school boy can see that it is an economic waste to set rates so high that people can't pay-them ; it is far better-to sell more power at a low rate than to sell less power at a high rate. The Franklin power plant has a large surplus of current which has been going to waste. The plant was built with the people's money, or rather their credit, and the rates should be set so the people can afford to use the power. We do not presume to know exactly how much the rates should be lowered; but certainly they should be reduced to a point where it would be possible for the average family to have not only electric lights but also electric stoves and refrigerators. - ; ' - . Use the T. F.' Railway THEInterstate stated its attitude -on the abandonment of branch line railroads serving communities which have divert -J, . . . ,,, , 1 5 "1 T Tu J,.. eu ineir irainc to me dus ana truck lines, in a re cent decision the commission stated its policy as fol lows :.. ' . . "Communities- unabl- to support railroad cannot hitlydemand its continued operation t a lota in order to maintain the values of private property within the communities, nor can shipper which use motor trucks to ship their freight in lieu of rail carriers com plain if the carriers abandon branch lines due to revenue losses." In view of this declaration, it behooves every busi ness man in Macon county to exert his influence to the end that every possible pound of incoming and outgoing freight is routed over the Tallulah Falls railway. Most of the business men of Franklin signed an agreement last fall to use the railroad in preference to trucks. It is an open secret, oiyeyjet that some fdthem-are-violatim are a few instances when a business, due to peculiar circumstances, finds it almost mandatory to have an order shipped by truck instead of by the railroad Thereisrior:m known that a few concerns and individuals, motivated by selfish interests, are refusing to cooperate with the movement to give all the business possible to the "T. F." and thereby stave off its abandonment. Such individuals and business houses should not be sur prised if they lose the patronage of public spirited residents oi tne community. No Need for Alarm THE Bank of Franklin faces another crisis, but 'there' isl no cause for depositors to be alarmed . All deposits in the "new bank," that is, deposits made since the bank reopened in May, 1931. may be-with- . drawn in full. There is no restriction, except that payments will be made in common currency and, sil- ' ver instead of in gold or gold certificates. The State Banking Department's order, forbidding the Bank of Franklin to continue operating as a clear ing house or to do any banking business until it has ' reorganized, came as a surpn se. " Some individuals are tz:jnclined:to ed for; but it is comforting to know that the State Banking Department is taking no chances. The clear ing house arrangement has functioned very well for two years; but the fact remains that it constituted a bank operating without capital. . The directors and personnel of the "new bank' deserve only congratulations. Its closing is no re flection on them. The fact that they conducted such an institution without the loss of one cent to any de positor should win- for them new confidence and strong public support in their efforts to reorganize the old bank. our fellowman. The use of a grand jury is a method to get a person into court for probable vio lation of 'law. Nine jufors with six voting a true bill would meet the requirements of justice . and save half the cost. Three hundred thousand dollars would be a grand and not a petty saving. Early in this year a case was tried in Haywood superior court in which the prosecuting witness was a five-year-old girl. The de fendant was a seventeen-year-old negro. The case being a serious one, the court appointed two law yers to represent the cictenuani. To make the child's evidence le- gal and effective she was sworn as older people are sworn. On cross examination one of the de fendant's counsel asked the child if she knew what it meant to lay her hand on the Bible and swear, and if she understood the sanctity of an oath. To both questions she answered, "No." . if the de fendant had been a man of high social standing the case would certainly have been appealed to the Supreme Court and it is any body's guess what decision that court would have rendered. I am myself, somewhat more than five years old and it is most probable that my answer as to what are but that the government shall seek through the Senate and the Department of Justice the facts of financial betrayal and financial stupidity is the surest way to bring back once more the confi dence of the people in the finan cial institutions of the nation. RALEIGH NEWS AND OB- ! SERVER. DIVORCE MADE EASIER The legislature last week enacted a measure to make two-year sepa ration grounds for divorce in North ( commissioner, registered in Book Carolina. A previously enacted bill j4 page 418; deed from , R. D. LEGAL ADVERTISEMENT . part of this advertisement, con sisting of the lands conveyed to the Lake Emory Company by the seven following deeds: Deed from B. J. Downs and wife, registered in Book J-4, p44; deed from W. 'J.., Za,chary and wife, registered in Book J-4, page 540; deed from W. R. Pressley and wife, refistered in Book J-4, page 432; deed from C. A. Woodall and wife, registered in Book K-4, page 333; deed from George B. Patton, LEGAL ADVERTISE; II TI. grieved parties. LEGAL ADVERTISEMENT NOTICE OF SALE North Carolina, Macon County, In Superior Court." A. L. Ramsey, Plaintiff vs. Mary McCombs Beck and husband, Jno. Beck; Fate McCombs; J. R. Pendergrass and wife, Florence Pendergrass; Ivalie Hurst, widow; Lassie McDaniel Southards and husband, Lloyd Southards; Mary McCombs Beck and husband John Beck, and all other heirs of. Ben McDaniel, deceased, whose names are unknown, and -all other per sons, firms and corporations claim- NOTICE ' OF SALE ing any interest in the subject i pjj, Carol matter ot this action, uetenaants the real sanctions of an oath would not meet the severe stand- juries cost North Carolina morejards set by some judges. Nor am than $600,000 . every year and he: 1 alone, tor tnere is a muimuamous hoped some man would have the ! number of men with whiskers as courage to introduce a bill to long and fearful as a bolsheviks abolish ;the-granduryThe-tennsU grand and petty, applied to juries, know what to do with, that woul'! arose at a time when sentiment answer the question in a manne regarded it as awful to charge a j so naive as to disgust a libera' citizen with crime, but after the i judiciary, a liberal theology and accusation was made any onery, petty set of men could try him. All who have had the experience know there is nothing grand in the proceedings of a grand jury ; and certainly, there is nothing petty in deciding on the life and liberty of common sense, in tne case uncier notice the judge, in order to secure justice, sustained evidence contrary to the law in such cases made and provided and gave theiefendant a long term in the state s prison. B. M. ANGEL Sisk, commissioner, registered in Book J-4, page 420; deed from Virco Mincey and wife, registered in Book M-4, page 64; together with all other lands of every kind, nature and description, wherever situated, and all rights and! ease ments that may revert to the Lake Emory Company, its successors and assigns,' at any time in the future ; and in addition thereto, all rights or easements that the Lake Emory Company may own, as evi denced by a contract between the Town of franklin and the Lake Emory Company. This the 2nd day of March, 1933. GEORGE B. PATTON, Trustee M9-4tc-BofFM30 By virtue of a judgment ot liu Superior Court of Macon Coui.ii,. North Carolina, in the al" titled action, naming and ain,'i T ing the undersigned Common"" of the Court to sell a three-fourth.' undivided interest in the lai"' hereinaiter described. I will, ci Monday, the3rd dayjOf : AprilWjJy ?.'t 12 o'clock, noon, at the court house door in Franklin, Macon County, North Carolina, sell, to the highest bidder for cash, in accordance with the terms of said ; having been made on the under- Macon County Under and by virtue of the pow er of sale contained in a deed of trust executed by W. W. Donaldson and wife, Hattie Donaldson, to the undersigned trustee, dated June 16, 1932, and recorded in the office of Registers! Deeds oLM aeon-County and Deeds of Trust, page 47, and default having been made in the payment of the amount secured by said deed of trust and demand Clippings COURAGEOUS AND CLEAR "I loathe sales taxes," says Gov ernor Ehringhaus. They have few f riendstestify ing for them. The eeneral sales tax, which bears the heavier matediction, can have but a limited defense put up for it by itsnext friends,the organized realtorSr-because-itioperationhas b,een proved to such a limited ex tent counties, cities, towns and dis tricts - The shame and dishonor the Governor mentions would involve Governor Ehringhaus does not make out any sort of xase for -the sales tax. He states a situation anditstiecessitiesr-Necessity-needs nobody to make or plead a case for-it..The,.Governordoest3owJ ever, present and arrange his facts a good deal more than that. Any absolutely practical citizens, in anywise concerned about the cit-iienship.ofJomQrtow-must-J3e.iin.-prcssed . by 'the declaration that , a price and penalty would be exacted for generations, for default. Th at would be true-of - an -avoidablede-fault. - North -Carolina can ' avoid default. GREENSBORO TiATLY NEWS. judgment, a three-fourths undivided interest in the following described tractor parcel jof land : Beginning at a Spanish oak on top of a ridge, the N. side of Iotla and Burningtown road where the Long Branch road intersects; then N 27 E 24 poles to a black oak; then N 49 E 30 poles to a Spanish oak ; then N 23 W 20 poles to a small black oak on the north boundary line of No. 42; thence with its line, east 95 poles to ' post oak, the beginning corner o said No. 42; thence with said line, south 99 -poles- to st-stake at -thf edge of Burningtown and Iotl; road; thence with said road anr1 Jacobs' line, 133 poles to the be ginning,"" containing" 52 1 -2 "acres,' more or less.- ": " L This 1st dav of March. 1933. "' ERGFcftrFTON;n signed trustee by the holder of the note secured by said deed of trust to exercise the power of sale contained in said deed of trust, I will,, on Saturday, the ,25th day of March; 1933, at 12 o'clock, noon, at the court house door in the town of Franklin, Macon County, N. C, sell to the highest bidder for cash to satisfy the amount se cured by said deed of trust, the following described tract or par cel of land : . All the . land described in a deed fromW.'C. Singleton and jwife, to "W.W. Donaldson,Tdated "August 9, 1927, and recorded August 11, 1927, in Book 0-4, page 173, Office of Register ofDeedsMacoiL Coun ty, North Carolina, to which deed, t as so recorded, reference is hereby made and had for a more definite the following described lanJs: All that certain parcel, piece, or tract of land, containing 27 1-4 acres more or less, situate, lying, and being, on the Georgia Road about 2 1-2 miles South from the Town of Otto, N. C, in Smith bridge Township, County of Ma con, having such shapes, metes courses and distances as will more fully appear by reference to a plat thereof, made by C. W. Slagle, surveyor, and surveyed by C. R. Cabe, surveyor, on the 6th day of March, 1918, and being bounded . -v t i . t . i r 'T . on the in oy tne iana or jas. Cabe, and on the E by the lands of Wrri. Ledbetter, on the S by lands of J. C, Brabson heirs, and on the W by the lands of Robert McPherson, this being the same tract of land heretofore conveyed to said John N. Lewis by . L. C. Holbrooks and wife, S. A. Hoi-.' brooks, by deed dated April 21, 1913 and recorded in the. office of Register of Deeds for Macon Coun ty in Book R-3, page 12. ' I will first sell that portion of the above described land which was conveyed by L. K. Moffitt to Her mie Stockton. For a description of same, reference is made to the deed recorded in the office of Reg ister of Deeds for Macon County, N. C. Should this parcel of land not bring the full amount of the above judgment and costs, I will then sell hte whole tract. The terms of sale are as 'follows This land will be sold for cash. , , All bids will be received subject to rejection or confirmation by the Court, and no bids will be ac cepted or reported unless its maker shall deoosit with the Clerk of Court at the close of the buldintr $50.00 as a forfeit and guaranty of compliance with his hid, the same being credited on his bid when accepted. Notice is now given that said IRUUO ry All LS V 1 V JUIU a I lHt BCUiiV place and upon the same terms at unless said deposit is made sooner. Every deposit not forfeited or accepted will be returned to the maker. .'''' This the 23rd day of February, 1933. R. S. TONES, Commissioner. M9-4tc-J&J-M30 THE, WAY TQ. CONFIDENCE President Roosevelt's support of Stock Exchange and the dealing in securities by banks and trust companies is excellent news. If the day ever existed when "pitiless publicity" was needed as to the whole structure of finances, frenz ied and otherwise, in the United States it is today when the results fJ3aQlSIfor;cLjaQ the Senate Tn vestiKa'tion" " ot trie be escaped, clothing them in lan guage of simplicity and clarity. 4 There is a finality in the pre sentation, for those who occupy the same general position, on the subject of public education as does the Governor. For those neither intellectually convinced of the necessity of maintaining the schools unimpaired, nor sentimentally in clined to that, the message may, perhaps, be no more than just a Governor's message. The document breathes courage. A brave spirit in a well body is orie-thing r-to- strive-to-ijneetan issuFlrT masterly " fashion ,to" carry on in faith and enthusiasm, in such pain and depression as much have been upon Governor " Ehring haus through the hours he"fashion-' cdnr"deliv'ere"dhis"ddrcTsT quite another. He has' spent him self without stint in such a service to the State as will not be for gotten by right thinking men and women. He is standing, because he must, as between a loathed sales tax "on the one hand and a decent school on the other" for the school. As between the road of good faith p1c 'ged and that "which," to his clear discerning, leads to shame and dis honor, he makes his choice. To keep the pledge of the State for value received, to carry on the schools, to preserve the State's investments.--maintain -the-agencies of government, he shows (the facts show) "some form of sales tax, or other new tax providing substan tial yield" must be levied. , Granting that the worst fears any of us have entertained of the operation of this untried sales tax are to be realized, there are certain compensations that must be taken.,, into. consideration.,It wbas "the-virtue of - universal application and something of relation to abili ty to pay, if spending has reason able relation to income." The step proposed (an adequate new tax of some sort) taken, property would immediately be relieved of the 15 cents school levy all legis lators are under platform pledge to that and also of an additional levy that will average 20 cents, or 35 cents in all. The Governor's figures show that there would be, moreover,' according to the whole plan he presents, a saving of some millions to the State government and ibout liven millloni to the , Commissioner. M9 GP-4tc-M30 NOTICE OF SALE North Carolina-"" Macon- County- -By authority of the power-of sale vested in the undersigned trustee by a certain deed of trust description of the lands hereby con veyed. This February 21,1933. Jl. D,.SISKTjrrustee M2-4tc-GP-M23 NOTICE OF SALE North Carolina f H - . TI . 1 ,c i . I j l . ior .wact;ii i-ouniy in evjuk. oi of speculations led by great in- , , c n, . . ' ! u Mortgages and Deeds or Irust in Macon County ' Under and by virtue of the pow- executed by Clyde Berry, unmar-! er of sale contained in a deed of ried, to G. A. Jones, trustee, on trust given by Oscar Conley and the 1st day of March, 1932, said wife, Nina Conley, to the under- deed of trust being registered in ! signed trustee, dated July 15, 1929, the office oi the Register of Deeds land recorded in the office of the Kegister ot Deeds tor Macon vestment organizations have heen shown in the recent crisis.. Not since the Pujo hearing in 1911 and 1912 has there been any thorough investigation of the mon ey power and banking" in Ameri-e&-hdiclcurs before thai committee made apparent at that time the great need to protect the masses of America from the domi nance of the Money Power in New York," and resulted in the passage of tKei Glass-Owen Cur-" rency Act, the Clayton Anti-Trust Act and the creation of the Fede ral Reserve System. Since then twenty years have passed. In the last twelve years a third of all ,the banks in America have failed. In the same period one of the greatest banks of the country sold, the people a billion dollars in securities -which have turned out to be worthless. The same twelve years, too, has seen an acceleration in the concentration of wealth never before equalled. The management of 200 corpora tions control today more than half the- corporate wealth f the nation. Very definitely many things have happened since that day over twenty years ago when the Pujo committee, after bringing the great est financiers of the country to the witness stand, ended its hear ings. Certainly today there is more that can be told, a great deal more that -ought to be told. Those who counsel a policy of hush in these time's do not realize that the time has passed when a fictitious public confidence can be . created, in America. The flight of Insull, the suicide of Kreugar, the admission of .Mitchell and other disclosures have done such things to the con fidence of the American people in their old financial gods . that true economic confidence cannot be fully restored in America until the truth, is made plain so that the remedy can be made to fit the disease. President Roosevelt's determina- Book No. 32, pacre 386, to secure the payment of certain indebted ness in said rleed of trust set forth and default having been made in the. payment of said indebtedness: I will, therefore sell aV the Court House door ""in" F'rahkin,-' Ma con County, North Caroiria, on Monday, the 10th day . of .April, 1933, at 12 o'clock noon, to the highest bidde for cash, the .. fol lowing described real estate; - AH the lands described in a deed from J. A. Berry and wife, Min nie Berry, to Clyde Berry, said deed bearing date of 15th day of December, 1930, and registered in the office of the Register of Deeds for Macon County in Book,U-4, page 34. This the 2nd day of March, 1933. G. A. JONES, Trustee M9-4tc-BofF M30 NOTICE OF SALE North Carolina . Macon County. By authority of the power of sale vested" in the undersigned trustee, by a certain deed of trust executed by Lake Emory Com pany to George B. Patton, trus tee, on the 23rd day of December, 1926, said deed of trust being reg istered in the office of the Register of Deeds for Macon County in Book of Mortgages and Deeds of Trust No. 30, page 402, to secure the payment of a-certain indebted ness in said deed of trust set forth and default having been made in the payment of said indebtedness : I will, therefore, sell at the Court House door in Frankin, Macon County, North Caroina, on Mon day, the 10th day. of April, 1933, at 12 o'clock noon, to the high est bidder for cash, the following described real estate : Lving and being in the County of Macon, Franklin and Millshoal Townshipe, North Carolina, and bounded and described as follows: All the lands described in the deed of trust above referred to tlon that nothing shall hi hidden which laid description it made a County, North Carolina, in Book No, 31, of Mortgages and Deeds of Trust, Page 204, and default hav ing been made in the payment se cured by said deed of trust and demand having been made on the undersiened Trustee to exercise the power of sale contained in saidJ'ows deed of trust, I will, on Saturday, the 25th dayof .Afarch.J933,aLl2 o'clock noon, at the court house door in ..the Town of Franklin, North Carolina, sell to the highest bidder for cash, to satisfy the amount secured by said deed of trust, the following described tract or parcel of land: That tract or parcel of land situ ate in Cartoogechaye Township, ad joining the lands of JohW Slagle, A. B. Slagle and others, and beifftg the land now occupied by Mrs. Same Pope and J. D. Pope and being - the - land inherited - by Os- NOTICE OF FORECLOSURE SALE OF LAND North Carolina,- Macon County. In the Superior Court. Federal Land Bank of Columbia vsr J. R. Bates and wife Mary Bates, N. S. Bates and wife, Mary Bates, . 1. Dowdle, Lola Bates, Jesse Bates, Wiley Stamey, Alex Moore, Bank of Franklin, Carolina Provision C5m"pn"y7CMuPcerRrasspTJSo7 Patton, trustee, Frank I. Murray, rc.ay reniann, emmer siocKTon ana husband. Steve Stnrkfnn f S n . i t- . . . - i . v. j , vjivvli lui , auu -iJ, L anvil, guardian ad litem. Pursuant to a judgment entered in above entitled civil action by his Honor, Frank S. Hill, Judge presiding, .November Term, 1932, of Macon Superior Court, I will, on the 3rd day of April, 1933 at 12 o'clock noon, at the county court house door, in Macon County, sell at public auction to the highest bidder therefor, the following de scribed land situate in said county and state, in Franklin Township, comprising 78 acres more or less, and bounded and described as fol- Situate, lying, and being on the South Skeener road about 5 miles from the town of Franklin, having such shapes, metes, courses and .!:. . f..u . - j -by reference to a plat thereof, made by W. N. Sioan on Novem ber 5, 1921 ; being bounded on the N by the lands of C. F. Hender son, on the E by lands of J. M. McConnell, on the S by lands of Bates Brothers and R. Stamey, on the W by the lands of Bates Broth ers and R. Stamey and C. F. Hen derson, being the same tract of nnnilmrarl 1.. T A ,1 ,1 ! A car Conley from his father which et al, to J. R., J. W., and N. S. was deeded by Ambrose Conley ( Bates, by deed dated April 11, to J. P. Conley, it being about six 1917, and recorded in office of miles west of Franklin, N. C, con- Register of Deeds for Macon taining 1 about eighty (80)' acres, County in Book A-4 of Deeds, more or less. -. page 391. - lhis ist day ot reDruary, iyjj. lne terms ot sale are as fol- FRANK I. MURRAY jlows: One-half of the accepted M2-4tp-M23 1 Trustee bid to be paid in cash and the balance in two equal annual in- ,i,.T., I stallments with interest from date NOTICE OF FORECLOSURE 0f saie SALE OF LAND A1I bids will be received subject North Carolina, to rejection or confirmation by the. Macon County. : Court, and no bids will he arrmtt-A Federal Land Bank of Columbia or renorted unlpsc'iu maUr .tll "deiKysitlwith "Jthe Qcrfc of Xourtiat the close of the bidding $50.00 as a forfeit and guaranty of com pliance with his bid, the same be ing credited on his bid when ac cepted. . Notice is now given ivthat said lands will be resold at .the same place and upon the same' terms at 2 o'clock, P. M. of the. same day, unless said deposit is sooner made. Every deposit not forfeited or accepted will be returned to the maker. f This the 23rd day of February, R. S. JONES, Commissioner. J. N.Lewis,Ella Lewis" L. K. Moffitt, J. Frank Ray, trustee, Alex Moore, Hermie Stockton, D. C. Stockton, Robert Stamey, trustee, C. W. Hames, Charles Fulton, H. Arthur Osborne, and Bank of Franklin, and Robert Fulton. Pursuant to a judgment entered in above entitled civil action by his Honor, Frank S. Hill, Judge presiding, at the January Special Term, 1933, Macon Superior Court, I will on the 3rd day of April, 1933, at 12 o'clock noon, at county courthouse door, in Macon County. Franklin, N. C, tell at public auc-1 tion to the highest bidder therefor Mv-4tc J&J M30