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The Wayne sville
Published In The County Seat of Haywood County At The Eastern Entrance oj The Great Smokv Mountains National Park
"WAYNESS'ILlC"N."c. THURSDAY," JULY 21. 1938
$1.50 IN ADVANCE IN COUNTY
Killed By Car
Hearing SetFo7Bill Potts Fri
dav Wnoon At 2 O'clock;
Out On Bond
hearing 's scheduled for two
'. ' i-..wiv for Bill Potts, who is
7;; jith"the death of George Mc-
rw 04, 01 .
I- . ...1
. i i. Mnndav niirni wntii
ne 0 ciu- -" . , ,
.ruck by -a car aiivgru
.. .kt hn shpi-m tm-
( u..tr; KiiLjuiiL
liter trie av-vmciii..
Haywood Boys Make Good At Farm fleeting
.tH S;i 0(0 bond.
P' .,. , ulWino- towards the
. . . ....... J,.,t,mrv TnivnrilQ
Lake, and i w waa ".
The Lake Junaluska carpenter was
instantly killed y ' impa, ..u
!j,js body badly DroKen aim
o details were given uui.
.,... r npndinv the hearinir
The deceased was a former sue
rwsiui . ....
Funeral services were neiu ior iui.
McElroy at the iviassie ruueioi
n Tuesday aiternoon at o ciock,
Lith the Kev. John G. Carper, pastor
f Long's Chapel
Alt 'libers uf the Masonic Lodge
L 'im hearers ana tne iasous
r1" i ...
nducted the services at tne grave
N- n v v o I s N -
Appeal Will Be Made From
Judge Alleys Decision On The
Constitutionality Of Cabe Act
Takes Recess; To
Possibility That Other Cases Will
He Tried During The Re
maining Three Days
Petitions Were Not Made A Part
Of The Argument; Derision
llased On Cabe Act
Given Rating By
Shown above are the newly elected
Carolina Farmers, the highest degree
awarded to Younc; Tar Heel Farmers
in this state and therefore coveted by
more than 10,000 students studying
agriculture in the hierh g-:hools. These
young men received this merit on the
basis of both their scholastic records
ind for outstanding achievement in
their farm practice pxgrm. They
were chosen from the ranks of their
fellows at the Tenth Anniversary
state convention held at Slate Col-
luiu vowintli. A I i 13.... U
Lake Junaluska, Tnomas sUte supe,vis()1. of vocation.
al agriculture, this is the largest
number of boys being awarded this
degree in any one year.
Reading, left to right in tne pic
ture are, front row: William McCrack
en, of the Smoky Mountains National
Park chapter, Haywood county; Har
old Francis, Smoky Mountains Na
tional Park chapter; S. B. Lacy, Jr., of
the Newland chapter, Avery county;
Roy Williams, Burnsville chapter,
The district health department has
imiumvii grades on Haywood county
!aine lor a n-iniiimis j.:nuu, w
VinniiiL' Julv the 15th. The dairies
C-iven grades have conformed to the
quiiements of the United btat?s
Public Health Milk Service Ordinance
nr the sanitary production and the
andling of fluid milk.
Consumers are urged to purchase
liiilk on the basis of grades and to
ink for the grade on the bottle cap.
The retail milk grades given the
hints in the county are as follows:
iiade A. Raw milk, J. E. Hendcr
un, Canton; H. A. Osborne, Canton;
I. F. Mann, Canton; M. H. Silvers,
fanton; W. J. Smathers, Canton
trade A. Pasteurized milk. Pet
any Products Company.
There were 10 wholesale dairies
lo graded, but as their milk is
)ld and handled by the Pet Dairy
roducts Company, the grades were
included in the records of that com
200 Attend Meet
ing Of Iron Duff
Appioximatelv 200 nersons nttend
ri me iron Duff Watershed meeting
p.i Jury ,. The meeting was nresided
fUr by Jarvia f.hamhorB nrocWIont nf
"e iron uulf Watershed.
Those attending the meeting voted
inammously.to' have a farm tour of
."e watershed similar to the tour held
n 1M7, A committee was appointed
nap out this tour and was instruct
ll to select farms' and homes for
:PS where the nersons had dnnp
I ""e outstanding job in farm and
E-R. Daniels from the Agricultur-
Nations Division of the Tennes-
" Authot'iH' ;n
rlur? stressing the importance of
'eventing' soil crnsinn tv,
!" of the watershed program.
?im Davis Wins Tn
'is. 01 rnn n,," i :
'Cationa sn.,;;..ii ' ... .
f tt. . , nrst place, a prize
for the western divi
r,l I thre Ktate in the Carolina Co
Ha'r,r El-ay contest.
.ke'I!'"?otnRBligh where he will
Hp i 'R Lh(' state contest on July
r.vt i ? urth P'acein the state
hcher - T in Dv nis agriculture
1.,' ' lJ- Fitzgerald.
'wffinmri,Sweral thosand stu.-PartTn.t,-"0"8
f the state
:inet . vu,,Lesi ana it was a
Jim to have won
L- prtai" Wil!iam B.Trov. nf T-w
taptain T?('n(linS the summer here.
? L- Ha, 1 15 broth Mrs.
Anson county; Richard Bailey, Wood
land chapter, Northampton county;
Robert I). Boyce, Woodland chapter;
Noel Auman, Seagrove chapter, Ran
dolph county; Macon Lee Caudle,
; Mount Pleasant chapter, Cabarus
county. J, D. Eagle, Mount Pleasant
chapter and Furney Todd, Wendell
chapter, Wake county. Second row:
Lee Barnhardt, Mount Pleasant chaj)
. ter; Cletus M. Bost, Mount Pleasant
chapter; Norris Hales, Wakelon chap
ter, Wake county; Ray Kiser, Tryon
chapter, Gaston county; Archie Joy
ner, West Edgecombe chapter, Edge
combe county; Leslie Glenn Garner,
i Newport chapter, Carteret county;
I Phillip Murray, Spring Hope chapter,
Nash county; Braxton Bunn, Spring
I Hope chapter; Lemuel M. Broome,
Aurora chapter, Beaufort county;
! Samuel A. Tuten, Aurora chapter.
Back row: Curtis Kitls, Reidsville
' vhapter, Rockingham county ; Allen
I Ballard, Contcntnea chapter, Lenoir
i county; Hazel Wnrliek, Polkville chap
ter, Cleveland county; Burton Cuthey,
Bethel chapter, Haywood county; Wil
liam Powell, Belvin Maynard chapter,
Sampson county; Wilburn Merritt,
Belbin Maynard chapter; Howard
Merritt, Belvin Maynard chapter and
Oscar Bizzell, Newton Grove chapter,
The following degree winners were
not present for the picture: Cecil
Arlington, Smoky Mountains National
Park chapter; J. F. Hampton, New
land chapter; Milbe.rn 1. Kelly, Troy
chapter; Troy chapter, Montgomery;
Wilson Holland, Stoneville chapter,
Rockingham county; James Robert
Pate, Rowland chapter, Robeson coun
'y: Robert Henry Gay, Seaboard chap
ter, Northampton county; W. B. Spur
ling. Jr., ..Piedmont chapter, Cleve
land county; W. F.. Fulls, Piedmont
chapter; Rudolph Ferrell, Oak Grove.
chapter, lhirhani; Rowe Ferguson
Fines Creek chapter, Haywood county, I severing an artery,
and Boi eham Johnson, .of Belvin Mav-1 Evidence product
The July term of court was re-'
cessed Wednesday. There is a pos
sibility that other cases will be tried I
later in the week before the court ad-1
Members of the sheriff's depart
ment are seeking Ben Noland, of
Crabtree, charged with assault on his
wife. Noland was scheduled tor
trial yesterday, but could not be
found when the case was called.
A jury returned a verdict of not
guilty against Marion Messer, of Cove
Creek, who was charged with the
murder of J. Carson Hannah, also j
of that section of the county. Han- j
nub died as the result of knife wounds
received July second. '
Messer entered a plea of self-defense,
and showed that Hannah canu '
towards him with a knife. During a
scull'le, the two men fell, and the
knife struck Hannah m the thigh,!
Proponents of the ABC liquor con
trol stores have given notice of
an appeal from Judge Alley's de
cision, when he held that the Cab.j
act was unconstitutional at the form
al hearing here Tuesday.
Walter Crawford, attorney for thu
proponents of the stores, said that
the matter would be taken to the SUtt
Supreme Court in September for a
Judge rclix fc. Alley, prmidinir at
July term of court here, made a
d - ?
The five students pictured above are
the winners in public speaking rep
resenting the five districts in voca
tional agriculture. These young men
competed recently at the state dom
ination contest, held in connection
with the Tenth Anniversary conven
tion of Young Tar Heel Farmers in
session at State College:
Aubrey Goodson who won the con
test, will represent his T",0()0 fel
lows back home in the regional and
national contests to be held in Octo
ber. Reading left to right: John D.
Turner, of the Boone Trail chapter,
Harnett county, representing district
j 1; Durwood Howard, of the Deep Run
I chapter, Lenoir county, representing
district 2; Lee Barnhardt of the Mount
'Pleasant chapter, Cabarrus county,
representing district I); Aubrey 'Good
son, (winner) of the Cobb Memorial
chapter, Caswell, county, represent
ing 'district.. 4 and Ray Dietz, of the
Waynesville school, Haywood county,
the above contest were
i.v the American Nitrate f
au of the .Barrett Company.
Watershed Group Cannery Operating 15 Hours
Daily, Employing 150 People
At F.F.A. Meeting
4-H Club Group
Are Now In Camp
The Haywood county 4-11 club en
campment started last Monday, and
will continue through Friday. 1 he
Haywood county .roup and the Jack
son county group are camping together.
Haywood county girls m camp aro
Geraldine Rogers, Dorothy Rogers,
Lura Mae Green, Edith Noland, Ruth
Green, Margaret Green, Elizabeth
Rogers, Joan McGaha, Dortha Cole,,
and Mary Helen Noland.
Boys from Haywood county attend-
1. TT.-I,. Tiff 1.
ing camp are Julius wnuam.i, main.
Hipps, Keith Ketner, Kent Ketner,
Jack McCracken, Edwin Davis, Alvin
Chason, Donald Hipps, John West, C.
C. Palmer, Jr., and Carroll Holland.
showed that Messer had no weapon.
The tight started after sons of. the two
men had engaged in a light .
Among the cases in which senten
ces were, given during the week,
John Riley Newman, driving drunk,
lined $50 and costs.
E. F.Cody, driving drunk, cosrs.
Clarence Lewis, forgery, six months
Ernest Setzer, non-support, order
ed to pay $5 every two weeks to clerk.
Coy Henderson, abandonment, six
months on road.
Ned Carver, .reckless, driving, lined
Caster Boone, abandonment, order
ed to pay $i monthly for child.
Vernon Ferguson, breaking and
entering, 12 months suspended sentence.
i James Mack, false pretense, mis
trial ordered, given 5 years suspend-.
1 ed sentence.
I Jack Hoxit, assault with
weapon, given. 5 years
i Frank Caldwell and Sam Leopa
house breaking, 2 years
Bill llaliburtiin, driving
i months suspended sentence.
Dolly: Carries, drunkenness, fined
! costs and given '! months suspended
i Fred 'league Moody,' driving drunk,
i fined $25 and given (I months sus
I ponded sentence.
temporary restraining -order pri-ma-
, neni early J uesday afternoon, after
! hearing arguments from both sides
, on the legality of calling an election
j for the establishment, of a liquor store
or stores m Haywood county.
Judge Alley's decision was based
solely on the Cabe bill, which was
passed Dy He preventative John F.
Cabe in the l!.'i7 session ..f r.....
era I Assembly. The bill provided that
liquor stores could be established in
Waynesville or Beaverdam townships,
provided the voters in 'either of the
townships voted for the stores, re
gaidless of tlie vote of the remain
der of the county.
The question of the legality of cer
tain petitioners to vote in th,. election
was not ii jioint in the arguments.
The petitions recently tin-tied over to
the hoard of elections contained over
1.7MI names. Only I.70K w re needed,
but Judge Alley held that it was noi'
Ins duty to go. into that phase of the
question. The conslitiitionalily of the
Cube hill was the basis of the case,
and on which Judge Alley based his
Judge' Alley held that, the Cabe bill
was in conflict with the general law
controlling ABC stores of the state.
In that the genera law provided that
the question, bo submitted to counties
for a vote, and gave the hoard of
liquor control (lie right lo designate
and say where stoics in earn county
should be established. The Cabe In w,
on the other hand,'. provided, that the
citizens in the townships of Waynes
ville and Beaverdam had the right to
vote and set up stores and place a tax
on all the county. The bill held that
stores could he established in either
township, whereas the genera law
gives the board of liquor control the
right to establish the stores at any
place within the county they so desire.
I Three members of the Waynesville! Homer ration, assault, with deadly
I Smoky Mountains National Park I w'apon. 2 years on road.
I chapter. Future Farmers of Amerieal Marshall Sutton, larceny, ordered
were elected to the doirree of Caro-1 1 u"vl "' seive yeais
I "'" section.
"e was one of tVio
c,f the Southern Railway
Fines Creek Boys
Are Going To Camp
Twenty-five members of the Fines
Creek chapter of the Future Farmers
of America will leave next Monday
for a week's encampment ot the
Western State Camp of the 1 1 A r.t
The bovs will follow a regular camp
. . . . . . ...i:t- ...:n
program tne entire ween, which win
include athletic events, and practical
The boys signed up for the trip in
clude: Andy Sparks, Joe Hanes, Kulus
Rector, N. C. James, Paul McElroy,
Glenn Green, Reid McElroy, Frank
Fish. Neil Ledford, Davis Rogers,
Kenneth Rogers, Mack Kirk, Wilson
Messer, Willard Holden, Robert Led
ford, Fred Hembree, Dow Ledford,
James Rogers, Jack Bramlett, Clyde
Justice, Billy McCrary, Haywood
Walker, and David Rogers.
There are at present 150 persons
employed at the Haywood Mutual ,
Cannery, according to a statement
made yesterday by manager Frank
Davis. The plant is running fifteen
hours a day, with ten hours given;
over to the canning of beans', and live:
to blackberries. I
This is the fifth year that black-J
excede that of any other year. The !
berries have ripened under favorable !
growing conditions, and this opportu-1
degree ol uaro
state convention i
in Raleigh last I
Blackberries And Beans Being
Canned At Rapid Pace. Ber
ries Coming In Fast
of Future I'
Members.. of the local chapter who
were successful candidates for the
highest degree the state chapter can
confer were: Harold Francis, William
McCracken arid Cecil Arlington. The
former two boys were in alt ndynce
ri 4Vv ..I.... ...... I.'.,.. ...-.I .. . 1
I lilt: n LA Ll 1.1,1 I V I'll I. II Ml .11 II IT.I'l.l VI'll
berries have been canned m this sec- their degree and key Ihci-. '
tinn anil the niitnnt this veur will fjiri . n .t:i ... , .
v , ,, .... , t. (JUiilliV Tor T:no nov.i rlerrree a
any other year- Thej studenfin.'Vocational.irrieiiH.iirp miiKf.
show marked ability -is ii "armei- and
a leader, he must have held orho in
and more appreciated by the people j ability to organize and manage the
of the county. farrn must have attaine(, a Je
The berries are delivered to the ; abve 80 in all high school subjects
cannery on regular trucks engaged , and thrnup-h wise ..ivpm.mf
P" saving grown into the business of
William McCracken is the son of
Mr. and Mrs. Crawford MrCrarkrm
has shown marked ability as a
farmer boy, having been declared the
outstanding boy in the state last vear,
nuy w.imii an nonesL penny is more his loca chanter demonst
by the manager, on the same day
which they are picked. In most cases
the delivery is made in the late after
noon, so the canning of blackberries
is done on the five hour night shift, i je
rorty-one cans a minute are turned
out from the canner.
The berry season opened about two
weeks ago, and to date 1,100 cases of
24 cans each have been canned. On
Monday night of this week there were
397 cases canned, which totaled 8,800
cans. The management plans to can
around four tons of berries before the
The greatest distance berries have
been hauled to the cannery is fifty
miles, while the best record made so
far by the pickers is that of a woman
who picked 22 gallons in one day,
It was pointed out by manager
Davis, that the berry market should
be the means of taking local persons
off relief, at least temporarily, as
anyone can pick and sell to the can-
(Continued on page 3)
to leave state
Lester Jenkins, granted a divorce
from Maney Lucille Jenkins.
Buford and Monroe Noland, vio
lation prohibition law, fined $25 each,
and given 18 months suspended sen- j
Mark Ellison, non-support, six I
months on roads. I
Melvin Nelson, seduction, 2 years, j
Roy Leatherwood, violation prohi
bition law, fined $50 and given 2
years suspended sentence. !
Homer.. Patton, assault with deadly !
weapon, assigned to work under 2 1
years suspended- sentence.
Eight bondsmen were ordered to
pay bonds in instances of where de
fendants failed to appear in court 1
for trial. I
Lewis Barker, assault, fined $50 1
and given six months suspended sen-j
Jim Teague, affray, fined $50 and
John Conley, ..had driver's license
revoked and given six months. j
Sentence of Bill Haliburton was.
The general law stated that there
.should be additional police 'protection
and that, if the additional police pro
j lection was needed the townships, 6th
jer than Waynesville and Beaverdam,
I would, not have any added protection,
j Judge .Alley, said 'further, that the
: Cabe bill would probably be held as
class legislation, for the reason that
the majority of the general vote might
, vote for a dry county, while the Cabe
I bill would give the minority to set up
stoics, serving the whole county.
If there was merit in the Cabe bill,
l it denied the voters of the county at;
I large to express themselves at thu
i polls, st ressing that votes cast out
side of Waynesville and Beaverdam
townships would not be counted, it was
I Judge Alley pointed out that Edwin
Fincher, one of the plaintiffs, could
riot vote in the election and have his
vote counted, as he is a citizen of
i Clyde township.
I If there was evil in setting up
'liquor 'stores, that all other townships
i in the county, other than Waynesville
j and Beaverdam, would have voted n
them these evils without giving
(Continued on page 3)
II. M. HALL, Official Observer .
his project program has been above
the average and his record through
high school has been one for which he.
might well be proud.
Cecil Arrington is the son of Mr.
and Mrs. W. R. Arrington, who live
in the Saunook community. Cecil has
been an outstanding student in voca
tional agriculture during all his four
years in high school. His outside ac
tivities have not been as varied as
those of the other two boys, but his
record in school is one that might be
worthy of the best.
Harold Francis, newly elected pres
ident of the state organization, is
considered one of the most outstand
ing members of the local chapter of
changed to payment of $50 fine
a 12-months suspended sentence.
Large Crowd Hear
An audience that filled the Masonic
Temple auditorium to capacity, heard
with enthusiasm the Oxford Orphan
age entertainers here Tuesday night.
Dr. R. P. Walker, local chairman,
reported that the attendance and re
ceipts were the largest in the ten
years that the group has been coming
Fourteen took part on the varied
program, and were accompanied by
three officials of the orphanage.
July Max Mm Free
14 89 r ().:S2
15 82 t'.O
lf 8.' . 50
17 . 85 60
18 ' 86 00
19 85 : 02 0.25
20 . 79 . CI! : , 0.91
Mean maximum . 84.1
Mean minimum ....:, .51.0
Mean for week 67.5
High for week 89.0
Low for week 56.0
Below normal for week ..3.3
Precipitation for week 1.48
Precipitation since July 1 .... ......2.2tt
Below July normal -. 0.78
Precipitation for year .....24.35
Deficiency for year ......3.26