Seek Injunction Against the Town j
Of Brevard In Water Rate Matter |
I
(Continued from, page one )
said town presented to said Mayor
and Board a petition therein praying
that the Board submit by election
Sly called the proposition of a bond
ue, to raise money to establish or
f Jchase a water supply and sewer
<< system, the same to be owned and
operated by said municipality, pro
vided the charges to be made by the
said town against its residents to be
derived from the tax on water, should
be devoted exclusively tothe payment
of the interest coupons on said
bonds as they should become due and
to the maintenance and improvement
of said system of water works, pro
vided said water on each room in a
house should never exceed $1.00 per
room, per annum; store $4.00 per
mnnum; barber shop, each chair, $3.00
per annum; black smith shop, show
shop, harness shop, carpenter shop
and tailor shop $3.00 per annum: all
other tax for the use of water to be
subject to such rates as the governing
body of said town might impose, that
said petition aforesaid, specifcially
and distinctly fixed and limited the
water rate to be taxed as above set
out and the said town officials in
pursuance to said petition aforesaid,
called an election in said town on the
question of bonds or no bonds; that
said petition aforesaid was not made
a matter of record, but has become
lost or destroyed and its contents can
not now be established, except by
parol testimony.
4 ? That at the regular meeting of
the said Mayor and Board of Alder
men of the Town of Brevard, held on
May the 2nd, 1904, said town offici
als in conformity to the petition
aforesaid called an election and sub
mitted to the residents of the said
town the question of the issuing of
bonds or no bonds in the sum of $25,
000.00, which call and notice of elec
tion appears of record in Minute
Book of said board for the year of
1904, a copy of which is hereto at
tached marked exhibit "A" and made
a part hereof, and among other
things contained the following pro
visions, "the said ?25, 000.00 tc be ex
pended as follows, to-wit: $11,250,
for the purchase, improvement and
extension of the sewer system; $2,
500 for grading, Main, Broad, Poor,
Caldwell, Whitmire, Depot and other
streets; $7,500 to be expended in
grading and improving the sidewalks
on the above named streets in said
town and that the revenue derived
from the tax on water shall be de
voted exclusively to the payment of
the interest coupons on said bonds as
they shall become due and to the
maintenance and improvement of the
system of water works and for the
purpose of raising the aforesaid rev
enue, the water tax on each room in
a dwelling house, hotel or boarding
? house shall not exceed $1.00 per room
I per annum ; store room $4.00 per an- 1
i num, barber shop, each chair, $3.00
per annum; livery stable $10.00 per
annum; black smith shop, shoe shop,
harness shop, wagon shop, carpenter |
shop and tailor shop $3.00 per an- i
! num, and all other tax for the use of i
1 water shall be subject to such rates
!as the Board of Aldermen may im
j posy."
| & ? That pursuant to said call for
an election as aforesaid the Board of
? Aldermen of the Town of Brevard
published a notice of said bond elec
tion to be held on June the 14th,
1904, as will appear from the min
utes of the said board for the year
' 1904, page 48, a copy of said min
utes being hereto attached marked
'exhibit "B" and made a part of this
complaint, said notice of election con
taining among other things the same
, provision as was contained in the pe
I tition for an election, and that call
ifor an election, herein before set out,
'wherein the defendant was pro
hibited f rom assessing a water tax
upon dwellings, hotels or boarding
house in excess of $1.00 per room, per
annum; store room $4.00 per annum;
barber shop, each chair, $3.00 per an
num; livery stables $10.00 per an
num, and other provisions as set out
and alleged in paragraph four
hereof.
j (5? That at said time the water
works of the town of Brevard was
owned, controlled and operated by the
Brevard Water company, a corpor
ation organized and existing under
and by virtue of the laws of the State
of North Carolina and at a meeting
of the Board of Altfermen of said
town, on May the 3rd, 1904, by reso
lution duly adopted, the Brevard
Water company agreed to sell out to
said town and a part of the consid
| eration was, that the town should
.never charge the stockholders of said
company in excess of $1.00 per room,
per annum, said resolution appears of
record in the minute books of said
town for the year 1904, on page 49
and is hereby referred to as exhibit
"C" and made a part of this com
plaint.
7 ? That an election was held in
the town of Brevard, on said bond is
|sue on June the 14th, 1904, and at
' said election in view of the contract
between the Town of Brevard and
[ the people residing therein and be
tween the town of Brevard and the
Brevard Water Company and the
guarantee of the town, the defendant
in this action, that the tax rate for
the use of water should never exceed
certain prices as hereinbefore bear
'out in this complaint, said bond issue
was carried by vote of 63 to 14, a
copy of the returns of the election of
ficials and the minutes of the Board
of Aldermen relating thereto being
hereto attached marked exhibit "D"
and made a part of this complaint.
8? That the bonds so voted as
aforesaid, were duly advertised and
sold and from the sale thereof .the
said defendant, the town of Brevard,
with the funds arising from the sale
of said bonds, did on the 6th day of
November, 1905, together with other .
valuable considerations mentioned ,
purchase from the Brevard Water j
Company, all the assets of said com- 1
pany of every kind and description,
a copy of the deed therefor from the
Brevard Water Company to said de
fendant being hereto attached mark
ed exhibit "E" and made a part of
this complaint.
9 ? That in conformance with the
contract and agreement made between
the Brevaid Water Company and the
defendant, the Town of Brevard, and
those of its citizens then residing
therein, the Board of Aldermen of
said town, did on January the 16th,
1906 promulgate and establish a
water ordinance and said ordinance
has remained in full force and effect
from said date until the year of 1931,
the said defendant, the Town of Bre
vard, during said period in no way as
the plaintiffs are informed and be
lieves, collected or attempted to collect
a water tax in excess of the price
fixed 'as the principal consideration in
its purchase of the water works from
the Brevard Water Company. .
10 ? During the spring of 1931 the
said defendant, the Town of Brevard,
by and through its duly elected and I
acting officers, in utter dis-regard of 1
the contract between said town and j
the citizens thereof as hereinbefore
set out and in utter dis-regard of the j
contract existing between the Bre
vard Water Company and the Town |
of Brevard and the provisions of the
deed under which the town obtained
all the properties of the Brevard
Water Company, said town unlawful
ly anti wrongfully by and through its
officers as aforesaid promulgated and
established a New Water Ordinance,
a copy of said ordinance being hereto
attached marked exhibit "F" and
made a part of this complaint.
11 ? That said New Ordinance, as!
aforesaid, as plaintiffs are informed
and believe is illegal, unlawful and ]
void in the following particulars
namely :
1, That it attempts to raise the rate
on dwellings, hotels and boarding
houses from the contract price of
$1.00 per room, per annum, to the
price of $1.00 per month on all dwell
ing houses up to and including six
rooms and in additional charge of 10
cents per room per month above six
rooms.
2, $1.00 per room per month on all
business houses and offices.
3, $1.00 per room per month on all
barber shops, first chair, all over one,
50 cents per chair.
4, That said ordinance as written
discriminates between the citizens of
said town in that it attempts to
charge a resident who owns or occu
pies a house containing one, two or
any number of rooms less than six,
the same water tax that is charged
for a six room house.
PLANS PERFECTED
FOR FLOWER SHOW
Womans Bureau In Charge ot
Affair To Be Held Wed
nesday, Aug. 19
Final plans for Brevard's annual
flower show, sponsored by the Wo
man's Bureau, were perfected Mon
day afternoon at the meeting of this
organization. The event will occur
Wednesday, August 19, from three
to ten o'clock at the Chamber of
Commerce rooms, and a silver of
fering will be taken at the door to I
defray the expenses incident to the
show.
It is expected that many varieties
of home grown flowers will be on
display in the various exhbits, ind
much interest is being manifested in
the approachng event. Entries are
open to any one in the town and coun
ty who cares to participate. Valuable
prizes in the nature of bulbs, plants
and seeds will be awarded the win
ners in the different entries, the
prizes to be donated by widely known
nursery concerns in various sections
of the country and also by local
flower growers.
The following committees are in
charge of this season's flower show:
General chairman, Mrs. 0. L. Erwin;
arrangements and decorating com
mittee, Mrs. Bill Fetzer chairman,
Mrs. Roy Long, Mrs. Coleman Gal
loway, Mrs. R. R. Fisher, Mrs. W. E.
Breese; soliciting committee, Mrs. B.
F. Beasley, chairman, Mrs. J. B.
Jones, Mrs. E. R. Pendleton, Mrs. A.
R. Gillespie; classification committee,!
Mrs. John Maxwell, chairman, Mrs.
C. C. Yongue, Mrs. Carl Hardin, Mrs.
T. H. Shipman; listing and marking
committee, Miss Alma Trowbridge, j
chairman, Mrs. H. E. Erwin, Miss!
Martha Boswell; program committee, j
Mrs. H. E. Erwin; pi'i;:e soliciting j
committee, Mrs. H. L. Wilson, chair- j
man, Mrs. J. W. Smith, Miss Kath- j
erine Griffin; publicity committee,'
Miss Alma Trowbridge.
TAX COLLECTIONS !
SHOW BIG INCREASE'
Raleigh, Aug. 4 ? State general fund
collections for July amounted to SI ,
388,325.38 as compared with $1,088.
409.06, or an increase of nearly $200,
000, while highway fund collections
were $1,541,966.53, as compared with
$1,212,336.67, an increase of $329,
629,85, over July of last year. Com
missioner of Revenue A. J. Maxwell
reported. Increase in almost every
division of the taxes is due almost en
tirely to higher rates, although some
items showed a small increase other
wise.
License and franchise taxes show- ,
ed good gains.
Josephus Daniels Has Democratic
Leaders Over the State Guessing
Raleigh, Aug. 4. ? Democratic lead
ers in many parts of North Carolina
are beginning to wonder and to ask
questions as to how much longer and
to what further end will extend the
attacks of Josephus Daniels, both on
the public platform and through his
Raleigh paper, upon the Gardner ad
ministration and the acts of the 1931
General Assembly, which in large
measure constitute the record of the
Democratic party in the State.
These leaders are not surprised at
the attacks upon the Gardner regime.
They recall the "Asleep at the
Switch" editorials in the News and
Observer directed at Governor Kitch
in; they are mindful of the "Come
Home, Governor," call to Gov. Mor
rison, and memory is fresh as to the
numerous thrusts at Gov. McLean.
Senator Simmons and later Senator
Baily have received their roastings at
the point of the Daniels pencil. In
erery General Assembly for many
years that same pencil has expressed
the views of its pusher on the acts of
the members of the two houses and
the program of the Governors. i
But the leaders are raising ques
tions as to why the extension of the
attacks on the 1931. General Assembly
and the Gardner program, most of
which received the general approval
of Mr. Daniels at the time, even
though there were divergences on
methods. Heretofore, they say he has
criticised while there was still time
for changes, but when the General
Assembly had adjourned and its
policies sealed, he would accept its
acts as those of the Democratic party
and bow to its will.
How, it is pointed out, long after
the General Assembly adjourned, he
is denouncing about the State the
leadership of his party and decrib
ing the work of the overwhelmingly
Democratic legislature as "indefensi
ble,'' instead of his usual policy of
rallying to the support of his party ?
the party which, some have the cour
age to say, raised him from a "pro
vincial" editor's desk to a mighty
seat in the councils of the nation.
Seme are asking if he is trying to i
bring about a repudiation of the
Gardner administration, the defeat of
all members of the 1931 Legislature
who may come up for re-election, or
is seeking to foment discord in the
ranks of the party which has honored
him. That, it is asserted, is a role
more suitable to a dashing actor like
Marion Butler.
This apparent change in policy is
apparently calling for a motive, an
explanation as to the objective. Some
profess to see in it a desire of Mr.
Daniels to becotrie Governor, his
"don't choose" statement to the con
trary, notwithstanding. They are con
fident he would not offer for the of
fice unless he was certain in his
own mind of attaining it, but they
claim it is his method of preparing
the soil for that kind of harvest.
In a recent discussion of the possi
ble elimination of present prospec
tive candidate before primary time
comes around, the belief was express
ed that the two remaining then would
be A. J. Maxwell and R. T. Fountain.
To which one close to Mr. Daniels re
marked: "In that case. Fountain
would be forced to withdraw, Mr.
Daniels would become a candidate
and beat the h out of Maxwell."
We Pay Cash for
Chickens and Eggs
Heavy Hens 15c
Light Hens 11c
Nice 2-lb Fryers 22c
Roosters 6c
Fresh Country Eggs . . . 23c
Yard Eggs 25c
B. & B. Feed & Seed
Company
BREVARD, N. C.
Prices subject to change any tiaa J
Peaches
GEORGIA BELLE, now
ready, loading day and
night.
ELBERT AS ready Aug
jst 5th.
Cheap at Orchard
WOODFIN'S ORCHARD
One Mile South of Campobello, S. C. on main Highway
LADIES MILLINERY grade Panama ftOC
?5 I
Hats or Slick or Rough Straws. Sale price
98(
NFW 17 A f I HATQ carefuHy reflect the
IiLim 1 nLL H/llu Princess d*1.45 to (PO.95
Eugenie influence so good for fall ?pl ?P'^
WASH DRESSES ??sFas,Co,or'
.95 quality
Two for $2.00
HDCCCrC $12.50 and $16.50 Ladies New C O7
1/1\LJJLu3 Silk Dresses ?PJ.0l
An exceptional value 2 for $11
LADIES
SILK
Values to $6.95
Two for $6.00
$3.49
f APCTTC GOSSARD and C? B
vUIluEilu Values to $5.00
$2.75
SATURDAY AFTERNOON 2 P. M.
500 Yards Heavy Full Width
Sheeting- 5c yd,
Not over 10 yards to customer
The most tremendous Anniversary Sale in the
history of Western North Carolina ? Lewis' 31st
Annual Event of Value. Every item in stock a
bargain at the prices you can get it for today.
Remember, we must sell every item in stock
within the next few days ? Come early while
selections are complete.
|DO NOT MISS THESE VALUES!!
TENNIS SHOES
All Sizes
Anniversary Sale price
49'
10'
SHIRTS
Men's or Boys' Shirts >? ftC
Worth 79c. Sale price ***
SEWING THREAD
J. & P. Coats
THREE SPOOLS for.
RUSH HATS
Women's Kush Hats PC
only a few "
T ? "
Nobby FOOTWEAR
Ladies white, blondes Q 1 .66
or black and white . fP*
BOY'S OVERALLS
Good Grade Denim AQS-"
Anniversary Sale price **7
MEN'S SOX
Men's Mercerized Lisle OC
Sox, per pair 0
MEN'S OXFORDS
Men's Black Dress (PI QO
Oxfords, per pair . .
BROADCLOTH
36 inch Fast Color 1/jC
per yard 11/
BED SPREADS
Full Size /JO(
Sale price each U?J
CJTITC Men's Tropical weight. Only a few more of
dill! J these left in smaller sizes to go dji QA
at the bale price ot
sum All Wool Men's Suits. They must $8.00
-Newest
Styles in Worsteds, ,$19.50
MEW'Q QNIT^ Finest Grade Woolen
IfiCilX U JUi 1 J Styles in Worsteds,
Tweeds, Serges, etc. by Schloss and others
Men's SHIRTS full cut, fast color 69c
$U9
MEN'S
PANTS
Covets, White Serge
Black Stripes
MEN'S & DAWK Khi*kis. Ducks, or Dark QOC
BOYS' I iill I iJ Cloths, on sale at vO
HANDKERCHIEFS, 10c quality .. 5c
STRAW HATS, one Jot going- at . . 69c
Work SHIRTS double back & elbow 74c
SATURDAY - 9 to 10 A. M.
PEPPERELL or DRUID
81x90 Not over 4 to Customer
LEWIS DEPARTMENT STORE-Hendersonville, N. C.