Newspapers / Carteret County News-Times (Morehead … / Nov. 28, 1958, edition 1 / Page 2
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Pogy Boats Musi Go (Continued from Page ? Homver, as a nutter of recard, Mr. Wtieatly allowed the judge a eo w ?f the deed from the govern ment to the defendants. Tke <^eed was * wtft cl?i? show lng ^ payment of ?l,ouo lor the ticck. The dee^ stated UmI the property was sold, subject to all regvktions and zoning ordinances. The judge had before him the town zoning map which showed the residential area ia question. Mayor Lewis had been served a court or der requiring him to present the map in court Judge Hamilton s^id that ^hile Vie area around the dock was zoned residential, the dock itself had never been zoned because it was government property when the zoning fook place. Jle showed where the dock and postoffice lots were marked in black, ifldicatipg that they were unzoned lots. (Mr. Wheatly said later that the lots were not blacked the last time Ik saw the man, which was two weeks ago). Judge Moore interrupted at this point to say that even if the lots had been unzoned, they could not have been put to a commercial use sincc they were in the middle of a residential area. Judge Hamilton accused Mr. Wheatly of taxing his imagination in describing conditions at the dock. "If the conditions described in the pleading and affidavits arc true, the mayor, town board and everybody in the county health de partment should be impeached and thrown out of office." he maintain ed. "I know those men are not the type to allow such things to go on." Judge Hamilton continued, "Raw sewage from the town sewer sys tem goes into the creek a short distanec from where the boats are docked." He contended that tbe refuse dumped overboard by the boats could add little to the unsan ity condition already in existence. Judge Hamilton said that people traveled many miles just to see the picturesque boats tied up along the Beaufort waterfront. Speakitg of the crews, described In the complaint as the flotsam and jetsam of Atlantic and Gulf ports, Judge Hamilton said they were no better, no worse, than the average run of men who earn their living by the sweat of their brows. Judge Hamilton said the men haden industry was the oldest in dustry in the county. The men haden industry, in the two months it operates in Beaufort, docs more to stabilize the cconomy than any other business in town, according to Judge Hamilton. "You cannot operate a menhaden plant without stink." he said. "When people see that fog coming over and smell the fish cooking they turn to each other and say, 'Now we're smelling money'." Judge Hamilton said tbe rights of individuals must give way before the rights of the community. Sensing that Jadge Moore's de cision would go against him, Judge Hamilton asked that the court make an order restraining com mercial boats after Dec. 20 and schedule a jury trial for the mat ter in the next term of superiqr court. At a final shot Judge Hamilton mentipned the Sanitary Restaurant ip Morehead City. He said the pea taurant was "right in the middle" of the boati and he had neyer heard a complaint from Capt. Tony Seaman, who operate! the restau rant Mr. Wheatly said that Ju0ge Hamilton was distorting the facta. "This la no attempt to destroy the Tprnhaden industry and nit) the boats away. The boats that tie up at the dock are Virginia boat*. "The oily reason they an here is becauae the fish are here. As soon aa the fiah move on, those boats will follow them. Denying them the uae of one dock will not make them paaa up the opportun ity to catch fish while they are in our waters." A( the law allows, Judge Hamil ton got the last say. He cmpha aized the brevity of the fishing aea s?n and the tact that prevailing winds are front the north and northwest. Such winds tend (9 blow the odor from the boats away fnjw Front Street. Judge Hamilton said, "It I4 net the gentle sephyrs from the south and southwest that blow during the Oahing s?as<w- It la the wWer winds from the north and north fA MfM f* Automatic P^WTf - west, blowing sleet and mow, that p?va^ wbiW the boats are U*d UP (a Btwfett " Before slgaing the restraining order, Judge Moore said he was amazed Unit the people of Beau fort would allow boat, to tie up. eve? i? the business district. H?s pointed t? SoHtbport. wkew 'menhaden fishing is a major in dustry, and said that the pogy boat? were not allowed (o stop in tqwn at all, Scrimp boats unlpad ?t lie shrimp houses tkeu go to a yacht basin to tie up away fnom town, the ju4ge said. "Thf town k> foo*> (0 allow boats of that type to tie up along the waterfront. The people that you would yant to rypvf into town will not come if tbey'h'ave such a sit uation io their (ropt yacds. I would not pay a nickel Iot ^ lot on Front Street if I thought a menhaden boat would tie up right under my nose," th? judge commented When Judge Hamilton saw a copy of the cyd^r drawn Mr. Whratly and signed by the Judge, be ob jected immediately. "Why this pro hibits all commercial boats from the dock," he said. "I thought they just wanted to get rid of the men haden boats." Judge Moore told him that there was I* 'e use in doing the job piecen.jal. At this point Judge Hamilton tried to strie a bargain with the judge. lie asked if there was any way the judge would consider ac cepting a bond to allow continued operation for the rest of the cur rent season. Judge Moore told him the only way be would consider letting the operation continue for the season would be for the defendants to agree to a covenant that they would never use the dock for com mercial purposes after the end of December. The defendants turned down the proposition. Judge Hamilton said he had no doubt that a jury would see matters differently from the way Judge Moore saw them. The order signed by Judge Moore was temporary in nature and is good until the case comes up in superior court and is tried by jury. Judge Moore (aid things kad come to a sorry state if a jury would allow such violations of the laws of ownership of property and individual rights. Still standing before the judge, Judge Hamilton turned to Mr. Wheatly and told him he would have to he careful where he tied his boats. Mr. Wheatly has part interest in Beaufort Fisheries. Mr. Wheatly informed him that he had- no control of the boats but that if they ever created a situa tion like the one at the postoffice dock he hoped somebody would throw the captains in jail. Judge Hamilton then asked him about the affidavits of the town and county officials. "Mayor Lewis said he kad never received a com plaint about the boats," Judge Hamilton said. "Then I say he is an unmitigated li?MT." Mr- WheaUy retorted. "My wife swore that she complained to the mayor an4 he promised to do something about the situation, and I believemy wile." (The affidavit signed by Mayor I ~r,re?>m?r "| Mrs. Lloyd Taylor, who lives In the tat two- story houu on the 1 right of the gotfeourse Mtag east from highway 70, has tnree nice baby puppies at* Would like to find bOqtes fo?. | Mrs Taylor doesn't My* a telephone, but anyone wanting a puppy m?y go ty ber home. Would like to find home for black cocker spaniel. Spayed fe male, has all her shots, is strict ly a house dpg. She will not (lay outside, family who had her cannot keep her and present family taking care of her already has a pet. Phone Mrs. W. G. Simpson, PA 6-4381. Mrs. Lloyd Crowe, who adver tised puppies in Pet Corner last week, has placed all the pups. I would like a male kitten as pet for a little boy. phone PA 8-3744 until 4 p.m., then PA 8-4833. Persons who would like to find homes for pets or acquire pets at no cost are invited to use the Pet Corner free of charge. Just phone THE NEWS-TIMES, PA 6-4175. Court (Continued from Page 1) officers two weeks ago, Mr. Tay lor said, "Cases calendered for trial will be tried, ool prossed (state chooses not to prosecute), or bonds forfeited in their proper or der. Continuances will not be al lowed except in most extreme cases. "This letter is written at the re quest nf Judge Morris. He concurs with its content and effect. We respectfully urge you to cooperate in helping us to make our court the best of its type in North Caro lina." Mr. Taylor said that he bad hoped to start the new set-up this week, but overlooked the fact that Nov. 27 is a holiday. "On Dec. 4," the solicitor commented, "a lot of these cases that have been piling up are going to get weeded out." Lewis made no mention of com plaints from private citizens). Mr. Wheatly continued, "As for the sheriff's affidavit, I think we disposed of that pretty well in the hearing." Judge Moore stepped io at this point to remind the lawyers that the order was already signet) and the hearing was over. At this point the Judge retired to his chamber and the courtroom was soon empty. Sitting on one side of tba court room during the hearing were Mrs. Wheatly, Mr. and Mrs. Bro^n and Mr. and Mrs. Jones. On the other side weve Ronald Earl Mason. C Z. Chappell, E. W. Downum, Hoi den Ballou, Joe Long, Jarvis Her ring, Clarence Stamper, Charles Davis, Jack Neal and Harold Simpson. Leslie Moore sat beside Judge Hamilton during the beating. Hampton Coyrt, with its 44 acres of gardens near London, was the favoritt residence of Henry the Eighth. Sawmill Operators... Float* remember, ?*ery Wad of pine dab* . vui ?tjr?p? wv H"f ??*?? * load of young PIMM to grow into taw timber for future fOn*r?ti<?t. DIC# PANIEL THURMAN CHIPPING CO. 8 Milet Below New Bora on Morebead Highway 70 PROOF Gold *2-83 1*1? 4N*fdi AiktvDb ||n>oa this week at Asheville. ' ?* North Carolina, Carteret County In the Superior Court Before the Cl*xl( '^gXZ ft Shayne Stark To Robert E. Taylor: Tak? notice that ? proceeding entitled aa above is now pending in the Superior Court a if Carteret County, North Carolina, and that written notion has been filed ask ing the court to determine whether or not you baye abandoned Greg ory Shayne Stark, and tbat a hear ing on the motion will be had at the courthouse in Beaufort, North Carolina, on December 22, 1958, at 10:00 a.m. This 13th day of November, 1958. A. H. James Clerk of the Superior Court M4-21-28 d5 NOTICE OF SALE Pursuant to the power contained in that mortgage deed by George Marshall and wife, Eliza T. Mar shall, to John Weeks, recorded in Book 118, page 153, Office of the Register of Deeds of Carteret County, default having been made in the payment of the indebtedness secured thereby, the undersigned mortgagee will sell at public auc tion for cast at tbe court house door of Carteret County in Beau fort, North Carolina, at 12:00 noon, the 28th day of December, 1858, the following described lot of land situate in Carteret County, North Carolina, to-wit: In White Oak Township: Begin ning at the run of Rosin Branch in the old Bogue Sound Road, run ning thence easlwardly with said road 44 poles to an iron stake; thence South 5" 00' West, 32 poles toT"St3?Tth^5?!o3R^8tw?niiy with laid ditc^ tp the run of Rqsyi Branch; thence with the run of Rosin Branch to the beginning; containing 10 acres more or Ipfs. See (teds in Book 43, page Iff, and Book lot, page <27. The successful bidder will be re quired to pay cask or give a de part of 10% of tbe amount o( the bid up to 11,000.00, plus 5% of any excess over $1,000.00. The sale will be made subject to taxes and sj>e cTal assessments, if any. This ttth day of November, 1958. /s/ John V Weeks Mortice n2S dS -1219 ADMINISTRATOR'S NOTICE Haying qualified as administrator of the estate of Tom as J. Thomaa, late of Carteret County, North Carolina, this is to notify all pfr aona having claims against said estate to present them to the un dersigned qt 900 Sbepard Street, llorehead City, N. C., on or before twelve (12) months from the date of this notice or the same will be pled in bar of their recovery. All persons indebted to said estate will please make prompt payment. T&is 5th day of November, 1858. Walter M. Thomas Administrator n7-14 21-28 d5 12 NOTICE OF SERVICE OF PROCESS BY PUBLICATION State of North Carolina Carteret County In the Superior Court Carteret County vs. William Bilbo To William Bilbo Take notice that a pleading seek ing relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: The defendant is indebted to Car teret County due to an action against him in Recorders Court: that he left as security with the officers of said county one wrecked bodge automobile; that said auto mobile has been in the possession of Carteret County for tonic 1 mppths and the indebtedneaa due the county has not been dis charged ; that the defendant hat re moved himself from the jurisdic tion at this court to plqc?* unknown apd attachment proceeding* bav? been instituted against the said William Bilbo. You are required to pake a de fense to such pleading not later than January 21st, 1959, and upon your failure to dp so the party seeking service against you will ap ply to the court for the relief sought This, the l?th day of November 1958. A. 11. James Clerk Superior Cgyrt n21-28 dS-ia I ADMINISTRATOR'S NOTICE Having qualified as administra tor of the estate of Josie Hill, de ceased, late of Carteret Coupty, N. C., this ii to notify all persons having claims against said estate to present them to the undersigned at Atlantic, N. C., on or before the 15th day of NoveinDer, 1959, or this notice will be pled in bar of their recovery. All persons indebted to said estate will please make prompt payment. This 10th day of November, 1958. William Hill, Administrator 014-21-28 d5-12-19 NOTICE OF SALE Under and by virtue of the power of sale contained in a certain deed of trust executed by Eugene 0. Wil lis, Jr. and wife, Hannah S. Willis, to George H. McNeill, Trustee, Ro chelle Realty Company of Roanoke Rapids, Inc., Beneficiary, dated 31 July, 1957 and recorded in Book 176, page 290, records of Carteret thereby, and said deed of trust by the terms thf???t subject to (ore closure, the) tudwabned trustee will 'or sale at Bubliq wctyia, to the highest bidder for caalv at th* courthouse door iq Beaufort, K. C? oa the ath day of Decam^er. 1958, at twelve o'clock noon, the property conveyed in said dead of trust, lying and being in. Carteret County, NortlTCafbllna, arid ny>re particularly describe^ as follows: In Morefcead fowqshifi: Being all of lot number one (1), Block ''Q of Mitchell Village Subdivision, ac * II-1 IH I cording to the m?f and plat of N? L Sur^or, recorded in May Book I, pafla i, necotds of Carteret County, *nd being the identical property fafmnjl to grantors herein undat 4aU; o| July 30. 1857, said iked is Book 177, Rage 174, reevrda at Cvterel C?unty. But this sale will be sub ject to all unpaid taxei and/or tax Ileus. A cub deposit at 1Q% Will be re quired at time of sale. this the 7th da* of November, 1MB. George H. McNeill, Trustee p7-H-21-28 $2oo pint $3.20 8S yroof J.T.S. BltOWITt SON COMPANY BUndsd Whkkt? to 5 ro<? RAMBLER FRANCHISE APPROVED Mr. (?ta<ap Lewis says "Tfc* Rqpnbler will be on display in the shouf roppt at Lewis-Price Inc., in 9 very few days." Mr. U.Y"* invites everyone interested in America^ Most Kco nonvcal Car to com* in and see the new 1959 models. Mr. Chap# Imb LEWIS-PRICE. INC. w<mi mtm mo* ? mmw wr. n. c. pMkrlfc. tNt
Carteret County News-Times (Morehead City, N.C.)
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Nov. 28, 1958, edition 1
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