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Published In The County Seat of Haywood County At The Eastern Entrance oj The Great Smokv Mountains National Park
ntTl)AY.. SEPTEMBER 29, 1938
WAYNESVILLE, X. C. THl'RSDAY. SEPTEM15ER 29. 1938
$1.50 IN ADVANCE IN COUNTY
The Smclair Refining Company,
,. Kenmore Hotel property
r.5 t have eiven occupants
In mm :.r. in
lf the building nonce 10 v, -
Utr that buildings can
,d work started on tne consuuu.
i...... eorvire station. The
(,iB of the nil company came after
111 n ..4- VinnluH
the State Supreme vuuii, ....
. i. ..;..;., hnlilinir that a por-
luwn a uevi---"-" -
Eon of the town zoning ordinance was
fcvalid. , ,
The state court reversed ine opinion
..i.. ii..,nt which was handed
I juuge v-iiii"."--!
l miihtns ji?o. wnen
fnwn ncie -.-o-r
,, E. Shuford and Others, carried
he case to court alter ine iowu imu
iJopted zoning ordinances ior iviain
Itreet which prohibited the erection
if more' service stations on the Main
Judtre Felix E. Alley, now holding
.;.,: .,..,-, .if r.nm t hpri. has hand-
U'lll y I
Id down a judgment in accordance
L:.t c, ,..-,., rnnrt. The nlain-
flLfl UtC UujJuiiiL x
Is were represented by Lee and Lee,
The board of aldermen of the town
lave not yet held a meeting to con-
supreme Court. It is not known what
further steps, it any, iney may lane
. .U.. .- filling
Home Dem. Clubs
Friday, Oct; 7th
Winners Of Contest To Be An
nounced. With Tour Of Prize
The Achievement Day program of
home demonstration clubs of Hay-
Food county, which is an annual af
fair, will be-held on Friday, October
he .th,. at 10:00 o'clock in the audi-
onum of the First Baptist church,
md will bring to a close the kitchen
contest, in which 58 members from 14
nubs in the county have competed in
Mis. J. T. Camnbell. of Bethel, nres-
Nenl of the Haywood County Council
1 nome demonstration clubs, will pre
Mrs. R. E. Jones, of the Dell-
P'ood club is. secretary of the council.
Miss Pauline Gordon, extension
Pecialist, in horhn mnnao-omonf art
F'use furnishings, will be the prin-
f W speaker. Miss Gordon will ar-
E:v in ..-."town on Sunday and will
run,!. i . l . . . .
-""nuay, luesday, Wednesday
'r "ursday in the .countv scorinc
' SS kitchens comnetina- in tho mn.
trsMr the various prizes given to
i ' "onun who have made the '-great-?
improvement in their kitchens.
fuur r... .... .. i. , ., :
be j ' '". o" wnicn tney win
rtJi . are' convenience, comfort,
to the least cost. '
Announc,mt.nt wj, be made at the
"Kttine .Fridav i. ;..'.
st1j , ,, lc jnie winners
c, follow-in,, lunch served at the
- w, ;re. will be a tour of the
..M"inmg kitchens in the county.
ho'm T J!al'Saret Smith, county
'''t ike .l is reijuesi,-
;he l..at,the secretaries of each of
in the cnty bring
rrl. hKh will be presented at the
"K -truiay morning.
evilie Division Of
. Baptist W. M. U.
Jo Meet In Boone
T'. ' -
4-df meeting of the Ashe-
W, m" the State Baptist
-datR ry Unin will be
Ji, n W "esday, October
Alif""1 at W o'clock.
Iavorjei Uniber of members of the
-end. "cmtion are expected to
To Be Erected Un $800 Damages From
Kenmore Property Town Of Waynesville
:upreme Court Rules Against
r M fo!n
Town Ordinances vu
Ordinance Is Invalid
Seven Divorces Granted As Civil
Term Of Court Enters Second
The docket for the September term
of civil court, which convened on Mon
day of last week, with -Judge Felix
E. Allej,' presiding, was nearly clear
ed up yesterday afternoon.
A jury awarded Mrs. Ruth Baker
$800 damages against the Town of
Waynesville, for injuries alleged to
have been sustained when she step
ped in a hole that had been left un
covered where a pole had been re
moved. She asked for $15,000. The
hole was at the intersection of Main
arid Howell Streets.
The $12,000 suit of J. B. 'Cogdill
and Bill Self against the Morris-Taylor
Lumber Company, for breach of
contract, was set for next term of
court when the jury failed to agree on
The following divorces were grant
ed: Francis' Rathbone from Lyn
Rathbone, Delia Freeman from Walter
Freeman, Ray Clark from Laura
Clark, Mayme Miller ..from Arnold
Miller, Hazel Tugman from James
Tugman, Addie Early from Ernest
Early, Lucy Ledford from Lee Led
ford.' The suit of Gudger C. Bryson
against the Asheville Stock Yards, in
which Mr. Bryson makes claim to in
juries sustained by him when kicked
by a horse, and is asking for $20,000
damages, was started yesterday after
noon, to be continued today.
The case of K. T. Boyd versus the
State Highway and Public Works
Commission for damages to his prop
erty is scheduled to be tried today.
Stock Cattle Will
Be Auctioned At
Clyde Yards, 6th
Two 'hundred head of stock cattle,
consisting of steers and heifers, will
he offered at auction Thursday at the
Clyde Stock Yards, it was announ
ced this week by the operators of
the yard who are all Haywood men.
The special sale will give farmers
and cattle men an opportunity to buy
at their own price, cattle for winter
grazing, it was pointed out.
Those who have cattle, will find that
at this sale will be a good time to
dispose of their stock, according to
Medford Leatherwood, auctioneer.
Contract For 6 Miles Of
Parkway Is Ready To Let
Killed By Truck;
Driver IS ot Held
Reward For Finding
Lost Wallet Turned
Down by Bride-to-Be
Highway Attorney Here. Expects
Contract For About $300,000
To l?e Let In October
Sunday night, Billy l'revost
Was walking the Moor, wringing
his hands, and pulling his hair,
and his shoulders were bent from
the heavy load of gloom that he
carried, because ho had just lost
a pocketbook with a considerable
sum of cash.
Just as the whole world seemed
to be getting bluer, to l'revost,
there came a knock more bad
news, he surmised, but the un
expected happened, there stood a
young lady, w ith his pocketbook,
and all the cash intact.
He felt like clicking his heels,
and shouting with joy, as Miss
Harris, of Orlando, a guest at
Jones Farm, handed the lost
Insist as he may, she refused
a reward, and turned down his
offer of a gift of any piece of
furniture in the factory.
In his moments of supreme joy.
he learned she was soon to be mar
ried, and he remarked this week
as he smiled over the outcome
of what he termed a "major
calamity," "I'll remembr. her
with a wedding gift."
Rev. Albert New
And Family Left
For Florida Sun.
Will Assume His Duties As Rec
tor Of The Church Of TJie
FFA Boys From Fines
Greek Going To Fair
ek in enpr is spending this
M n -n 3 a &uest f Mr.
Twenty boys of the Fines Creek
chapter of F. F. A. will go to the
Cleveland County Fair at Shelby Fri
day. They will go in a group and
will be admitted to fair grounds free.
SPECIAL FITTERS OF
SHOES COMING MONDAY
A speciat built trailer, with f!00
pairs of shoes, and three expert fit
ters, will arrive here Monday morn
ing, and open for one day's business
in front) of Massie's Department
Store, who is bringing the special
Dr. Scholl's trained man and X-ray
The service will be opened at nine
o'clock and continue until the store
closes. All fitting is done by X-ray,
Mr. Massie explained. Complets
details of the event will be found in
the advertising columns of today's
POWER TO BE OFF
The Carolina Power and Light Com
pany has announced that power will
be turned off in the Waynesville cir
cuit between the hours of 1:30 and 5
p. m. on Sunday, October 2, while re
pairs are being made.
Two Canton men have had their
drivers license revolked, both on
charges of driving drunk, according
to the state highway department
They are John H. Cabe and Ted Em
erson.'. - ' - '.' . ji
Rev. ami Mrs. Albert New, accom
panied by their son, William New, of
Newport News, left Sunday after
noon for Clearwater, Fla., where the
former has accepted 'a. call to tho
Church of the Ascension.
Mr. New, a native of Durham, Eng
land, first came to Waynesville in
1!U5, as rector of Grace Episcopal
church. During his twenty-three
years here he has endeared himself
not only to his own congregation, but
to the community at large.
In addition to his church activities
Mr. New has been prominent in
Masonic circles, having been honored
with some of the highest positions
in the state. He has been the pre
siding officer of all four bodies in
Waynesville, the lodge, Royal Arch
chapter, council and commandery. In
the state he has served as grand pre
late of all four Masonic bodies. In
Scottish Rite he js- a 32 degree .Ma
Mr. New has been an influential
leader not only in religious circles,
but in all the worthwhile civic pro
jects and both he and Mrs. New will
be greatly missed from the community.
The contract for about six miles
the Mine Ridge Parkway, begin
ning at Wagon Road Gap, and going
west to Tennessee Bald, should be
awarded during October," said Gharles
Ross, attorney for the Stale Highway
and Public Work Commission here
Tuesday as he tiled with the register
of deeds tin' first, map show ing the
location of the parkway.
Mr. Ross said that actual work us
ually got underway within 40 days
after the contracts were awarded.
Plans are underway to let the
remaining 1-1 miles between Wagon
Road (Jap and Tennessee Raid before
Christmas, it was learned, with con
struction on the entile 12 miles un
derway before the first of the year.
Most of the parkway between the
two points traverses national forest
lands, but there are several tracts
of land owned by individuals that are
being condemned by the state, und
deeds given the federal government.
.Mr. Ross said that 'deeds for the
lands shown in the map filed here
Tuesday would be in Washington this
week, and that no delay would be
expected in getting work underway.
The contract calls for n 40-foot
roadbed, with a 20 foot paved road
in the center. The government re
quires i right-of-way of about 400
feet on each side of the paved road
for beaiitiliciition work. The 400-foot
strips are made to resemble parks,
anil no buildings or signs will be-per--niittod
within the 400-foot areas.
The average cost of the construc
tion on the parkway is between $40,
000 and $50,000 per mile.
The work from Wagon Road Gap
to Tennessee liald will be the first
to lake place west of Asheville.
Mr. Ross said that the letting of
- (Continued tin. back page)
Plans On Monday
Democrats of the 11th Congres
sional district will gather in Ashe
ville, at two o'clock Friday, and hear
state chairman R. 'Gregg Cherry, of
Gasfonia, discuss and outline plans
for the coming campaign.
C. E. Brown, .chairman of the Hay
wood executive coniiiiit tee, has issued
notices urging all members of the
Democratic committee arid candidates
j in the county and 'others, to attend
the meeting. Other .officers of the
county organization are Mrs. Oral I..
Yates, vice chairman and Mrs. Doyle
Cristell Hendrix, 5, Died In Three
Hours After Being Struck
Near Her Home
Haywood Boys Enlist
For U. S. Army Service
Clarence J. Hyatt, of Waynesville,
and Gary Hyde, of Canton, were
among the H7 recruits for the two
Carolinas that enlisted for regular
army service in Charlotte last week.
Voice, Ue PeofUe
Cristell Hendrix, age 5, daughter
of Mr. and Mrs l.eroy Hendrix, of the
Dellwood road, died at ti:45 Tuesday
in the Haywood County Hospital
from injuries received about three
bonis earlier in the afternoon, when
struck by a truck, owned by the
Farnu r's Federation, and said to have
been driven by Bill McCoy.
The accident occurred in ft'ont of
the Zack Massey home on the Dell
wood road. It is said that there were
no eye witnesses. The Hendrix child,
in company with another small child,
crossed the road in front of the
truck, when the little girl suddenly
turned around and retracted her
steps in direct line of the moving
truck. It is saiil that the driver ran
into the bank trying to avoid hitting
Sheriff R, V. Welch was called to
the scene of the accident. The driver
was not required to put up bond. The
case is schoduled to be heard before
a magistrate's court the first -of next
Funeriil services will be conducted
this afternoon at 2:0(1 o'clock at the
Itarbersville Baptist church for the
child. The Rev. C. L. Allen will of
ficiate, Burial will ye in the Fulbright
cemetery in the Rogers Cove, at
The child is survived by her par
ents and three small 'sisters, Marga
ret, Frances arid Rorono.
Hyatt Lumber Yard
Is Being Enlarged
Three more weeks will be required
to coinpici" the 4li by 04-l'uot tWo
story building at the lumber yard of
Hyatt and Company, it. was said this
The building will be used to store
kiln dried rough lumber and molding,
and will replace a shed Hear the front
of the yard,- which will give way to
more yard space, and be in --keeping
with plans-to enlarge a storage ware
house used for rooting and cement,
according to K. .1. Hyatt; . manager of
Mr. Hyatt announced that other im
provements in the lumber yaid -are
planned, among them being the en
largement of the brick shop building,
and the enlarging and consti net ion
of a dust proof shed for finished work.
Present plans are to add about
twenty' feet to. the shop. No defi
nite time has been set for beginning
the -other work after the -completion
of the present -building,.'-
ance Of 22 Books
Inquiry Reveals Nothing. New
Registration Ordered For
$10,700 Paid Off In
Building & Loan Series
Name One Major Improvement You
Think is Needed in Haywood County.
Mrs. W. J. Wilson We need a bet
ter system for hauling children to
school. Here on Allen's Creek our
smallest children d not get home
until 5 o'clock, having to wait unUl
the older ones are dismissed before
the bus picks them up. Surely a bet
ter program than that could be
worked out. Also, I don't approve of
86 children being crowded into a
bus at one time. , This is not a crit
icism of our school bus drivers, but of
A. E. Ward, Lake Junaluska
'Cleansing of the ballot box."
James S. Queen, attorney "A re
vival of the Haywood County Fair.
Our mountains have been advertised
all over the world and proudly shown
to the visitors but Our farm products
and livestock, like the desert ,( flower
are 'born to blush unseen,, and are
not even publicly shown to our peo
ple.". . '.'-'-..'
W. T. Huff One of our greatest
needs in Haywood county is that we
should have a few county-wide meet
ings for discussion of any and all
important projects as they arise.
Thus enabling our people to get all
sides of the question before a final
decision. Then finally agreeing and
going after the thing in mind 100
. A series of stock matured last week
in the Haywood .Building and Loan
Association, and checks -totaling
$10,700 were mailed to shareholders
by S. H. Bushnell, treasurer.--.
Shares costing twenty-five' cents
weekly, mature in slightly over six
years. Interest at the rate of six
per cent is paid on the investment,
and the stock is non-taxable to the
The association has had a general
increase in number of shares in force
for the past several years.
ADMITTED TO BAR
Twenty-two registration books, one
for each of the twenty-two precinc's
in the county have developed magic
wings and have mysteriously disap
peared from the court house, accord
ing to Gudger C. Hryson, chairman
of the county board of elections.
Mr. Bryson m a statement to The
Mountaineer yesterday said that he
made the discovery of the loss of the
books last Thursdav. After which
he called a meeting ot the election
board on Fridav and an order was
made to have a new registration, pro
vided the books were not found be
fore October the 1 4 1 h . It is esti
mated that a new registration will
cost the citizens of Haywood county
between $500 and $1,000.
In an interview with Judge V. K.
Alley, it was slated that when the
liquor store controversy -Was called
! for a hearintr at a lormer term ol
court, .1. R. Morgan, county attorney,
in open court had announced that a
group of citizens desired to examine
the registration books, with a view
to ascertaining the township ol
those who signed the liquor store
petition.-, for the election. They also
desired to learn Inst hand whether or
not -.the, petition complied with the
law, it was further said.
According to Judge Alley, the court
by oral order, instructed Gudger C
Hryson, chairman ol the county board
of election, to allow any reputable
citizen to, examine the books in
the otliee of the clerk ol the court.
The court heard nothing more about
the matter until the present term,
when it was stated in open court that
(he books had been earned out of the
clerk's (illice ami had not been re
turned. In this ' connect ior. it was stated
in .-court Monday that Rev. (). ('.
I -it lit I iin ii , paslor ol the Presbyterian
church, .of llazolwood, and tho Rev.
V. A. Rollins, presiding elder ol
the Waynesville district ot (he Melh
otlist Episcopal chinch. i;m1 examined
the books. The court requested J- R
Morgan to communicate yvi(h -those
"Soon after," Judge Alley stated,
"The Rev. Mr. I.andrum appeared in
court and said that he did examine
certain books in (he cleik s oflict
that he did not remove any from th
Judge Alley continued, "Th
has not seen the Key.' Mr. Rollins
hut ! Imvc been 'reliably inforniei
that he had stated he had not ex
ainined or even seen the books."
Rev. Mr, Latalrum told The Moun
tainecr yesterday" that. the book.
were intact when he n't ni ne
petition to Mr. Ilrvson
: Juilge Alley further said:
while tin- court had granted
mission to any reliable citizen
privilege of examining the books
haI not 'instructed anyone to remove
the books from the ofilce ai the clerk "
..The" foregoing are the-facts m the
case as given this paper by Judge
Alley. Numerous rumors have been
floating about the court house halls
during the past three days as to the
whereabouts of the books.
It is the opinion of some that
books will appear as mysteriously
tney disappeared, and the county
not be put to the expense of "a
.registration, while others' seem
think they have been destroyed
In the meantime, the board of elec
tions has completed plans for a new
registration, which will begin on Sat
urday, October 15th, and continue for
the following two Saturdays. All per
sons wishing to vote m the Novem
ber election will have to register on
one of these dates: October 15, or
Forrest Dunstan, of Elizabeth City,
Ralph Gardner, son of ?x-Govemor
O. Max Gardner, and James S. Queen.
crtn nf Ritinifnr orifl Afro -Tntin AT I
Queen were admitted to the bar on
Monday in an impressive ceremony
conducted by Judge Felix E. Alley,
at the court house.
Judge Alley told each young appli
cant that he expected much from
them, as each by inheritance should
carry on the highest standards
of the profession. He further cited
the qualifications of a great lawyer.
-.." I ' "' ,
ATTENDED I). . u. DIS1 RICT
MEETING IN ASHEVILLE
The following members- of the Dor
cas Bell Love chapter tif the Daugh
ters of the American Revolution at
tended the district meeting which
was held in Asheville yesterday, at
the Woman's Club: Mis. J. M. Long,
Mrs. R. L. Prevost, Mrs. S. II. Bush
nell, Mrs. E. B. Camp, Mrs. J. Har
den Howell, Mrs. James W Klllian,
Mrs. Harry Marshall, Mrs. J. W. Sea
ver, Mrs. W. F. Swift, Mrs. B. J.
Sloan, Mrs. R. P. Walkir, and Mrs. J.