ARGUE APPEAL
IN DAM CASE
High Tribunal Hears Counsel
on Hydroelectric Project
for Fourth Time
IS UNDER ADVISEMENT
Raleigh, Nov. 30—The Supreme
Court took under advisement to
day the appeals by the Duke
Power company |ind 60 Yadkin
county taxpayers In two suits
seeking to prevent the City of
High Point from constructing a
$6,500,000 hydroelectric plant on
the Yadkin river.
It was the fourth time appeals
have been heard here in the mat
ter.
W. S. OT3. Robinson, chief
counsel for the Duke company,
arid Carter Dalton, presented the
arguments that the city was re
strained under previous judg
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ments from proceeding with the
plant. They appeared In the suit
originally filed by J. W. McOuinn
and other High Point taxpayers
in which the Duke company be
came a party.
B. 8. Womble, of Winston-Sa
lem, presented the case for Yad
kin county taxpayers who Inter
vened in a suit originally filed by
Yadkin county commissioners
against High Point. The tax
payers Intervened after the com
missioners reached an agreement
with the city.
Roy L. Deal, Qrover H. Jones,
and W. M. Allen argued the High
Point contentions, basing their
main arguments on the grounds
the city had legally proceeded
under previous judgments and
that Superior court rulings modi
fying previous injunctions were
correct.
The arguments were so techni
cal that it appeared at times even
the lawyers were confused.
Robinson contended that the
power project was permanently
enjQined under previous court
Judgments if it was the old pro
ject, first brought into the courts
THE ELKIN TRIBUNE. ELKIN. NORTH CAROLINA
EYI F'/D
rUUK {jlUdll Eilx/il l Kjli u and Mrs. Frank Bryant, near Boonville, when Mr.
Bryant's mother, Mrs. Mary Jane Bryant, paid them a visit. At the same time Mr.
Bryant's daughter, Mrs. Lawrence Stinson, and her daughter, little Miss Linda Mae
Stinson, paid them a visit, making four generations present for the family dinner. The
elder Mrs. Bryant, shown seated holding Linda Mae, is the widow of the late Milas H.
Bryant, of near Yadkinville, and a daughter of the late Jesse Dobbins, one of the pio
neer citizens of Yadkin county.
2S
nlii^
in 1936, and that if it was a new
project as he contended, it was
not authorized by law. He also
re-argued the point that a can
cellation of a Federal Power com
mission license for the project did
not remove the case from power
commission jurisdiction. He con
tended if the city was proceeding
under the 1935 revenue bond act
its power plant had to be within
the city, and if it was under the
1938 act a necessity certificate
had to be secured.
Deal set forth that "resolu
tions" of the High Point board of
power commissioners had been
amended but that the project was
in reality the original of 1936. He
contended the board had author
ity, just as any legislative body,
to amend its acts. He argued the
various resolutions may have put
the project under, the 1938 act
but that others amending them
had put "it back under the 1935
act." He contended that the
Federal Power commission had
"vacated its license order and
that this completely removed the
case from its jurisdiction."
Womble pointed oilt that if the
high court ruled against High
Point in the McGulnn case, that
would end his case. He contend
ed* however, that if the city won
the McGuinn case there still were
vital questions to be considered in
the Yadkin suit.
County commissioners of Yad
kin agreed to sell county home
property and easements in high
ways to the City of High Point,
after the Supreme Court prev
iously ruled the city could not
condemn county land used for
the home and highways. The
judgment also set forth in modi
fying an injunction that the
plant could not be built, main
tained and operated under a Fed
eral license.
Womble argued that the city
was still bound by its Federal li
cense and that the commission
ers had acted wrongly in accept
ing the compromise.
Allen contended the Federal li
cense had been vacated and that
the commissioners acted within
their powers in agreeing to the
compromise.
Lum and
At Elk Thea
Here Next Week
They made their own little sec
tion of the earth a better place in
which to live. In such words can
Lum and .Abner, longtime radio
favorites of the nation, best be
heralded in their first motion pic
ture, "Dreaming Out Loud," an
RKO Radio release which opens
next Monday and continues
through Wednesday at the Elk
theatre.
Lum and Abner, for ten years
top-flight radio stars, bring to
the screen the familiar surround
ings of the Jot-'Em-Down Store
and Pine Ridge which they have
made famous on the air. As two
kindly, old storekeepers they meet
many dramatic situations in
keeping the people of Pine Ridge
progressive, happy and prosper
ous.
Fraces Langford, as the town's
postmistress in love with young
Doctor Robert Wilcox, provides a
romantic angle in this sympa
thetic story of small town life.
Frank Craven as the sacrificing,
weary small town physician and
Bobs Watson as the typical small
town boy offer charm and real
ism.
"Dreaming Out Loud" deals
with Lum and Abner's strange
adventures when they attempt to
obtain a mobile hospital unit for
Pine Ridge. Started when Sheila
Sheldon falls victim to a hit-and
run driver and her father, Irving
Bacon, becomes town constable,
the drive for funds for the hospi
tal unit takes Lum and Abner
through a series of happenings
that run from the hilarious to the
tragic. How they aid the para
lyzed doctor, Frank Craven, to
perform a delicate operation, how
they soften the heart of wealthy
but tight-fisted Clara Blandick,
how they appeal to all children
born in Pine Ridge, how they
track down the murderous death
driver, yet still find time to aid
and abet Cupid in the romance
between Frances Langford and
Robert Wilcox, provide a con
vincing picture of real down-to
earth American life.
BURCH
Rev. J. L. Powers, of Elkin, will
fill his regular appointment at
Mount Hermon Baptist church
Saturday and Sunday. The pub
lic Is cordially Invited to attend.
Miss Delia Anthony, of Plea
sant "Hill, spent the week-end
here the guest of Miss Thelma
Dodson.
Mr. and Mrs. Noah Greenwood,
of North Wilkeßboro, spent the
week-end here the guests of Mr.
Greenwood's parents, Mr. and
Mrs. J. S. Greenwood.
Mr. and Mrs. S. M. Hemric had
as their dinner guests Sunday
Mr. and Mrs. Tom Spicer and
daughter, Mr. and Mrs. Henry
Swaim and son, Ted, all of Ron
da.
Jim Greenwood, of Winston-
Salem, spent the week-eud here
the guest of his parents, Mr. and
Mrs. Edd Greenwood.
Mr. and Mrs. Pox White, of
Statesville, spent the week-end
here the guests of Mrs. White's
parents, Mr. and Mrs. Henson
Stanley.
Rev. C. M. Caudill, of Moun
tain View, will fill his regular ap
pointment at Union Cross Satur
day and Sunday at 11:00 o'clock.
Hie public is invited.
Mr. and Mrs. W. H. Sneed and
children, Lydia Jane and Rufus
Allen, spent Sunday evening near
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ELKIN, N. C.
Boonville, the guests of Mrs.
Sneed'a father, W. A. Brown.
Mr. and Mrs. Edd Barber an
nounce the birth of a * daughter,
December 1, 1940.
Mattie Mae Powell
NOTARY PUBLIC
Building & Loan Office
Main Street
FOR SALE
Due to ill health I am forced to close
my store and will sell my stock of gro
ceries at a sacrifice. Good location in
North Elkin, one mile from town. Gas
station. Cheap rent if wanted.
Also for sale one four-door Chevrolet
car at a bargain, and three tons of
coal for $15.00. If interested, see me
at, or write care of Bryan Johnson,
RFD 1, Box 11, Elkin, N. C.
L. A. Woodruff
Thursday, December 5. 1940
DISCOMFORTS
' DUE TO COMMON
COLDS
AND COUttHS DUK TO COL 0»
Buys bottle, Uae it U not entirely aat
iafied your mooey promptly refunded.
ITIT39BnnHHI