•nuimUty, May; 9,1874
The Weekly Legislative Summary
Adjgurumeut
The 1973-74 General Assembly
did adjourn after that one extra
day, Saturday, tfte 13th of April.
The clocks had to be stopped at
2:00 P.M. to conform with the
official adjournment.resolution,
but it was actually 3:46 before
thegavels fell simultaneously in
the House Ond Senate. That was
the end to the longest legislative
session in North Carolina’s
history, a total of 161 working
days over the two year period,
30 working days longer than the
1971 session. ; -
Duratiori was not the only
record set by this legislature.
The most bills that had been
introduced in a previous session
was 2,622 (also in 1971)—bn the
last Saturday the 3,7015 t and
last bill of the 1973-74 session
came in. And on the same day
there were added to the session
laws (he 1,482nd ratified trill and
the iß6th ratified resolution,~
bringing a total of 1,688 ratified
bills to eclipse the old record oi
1,509 in 1967.13111 that was still
not enough ratified bills to
prevent this Assembly from
setting a. record low for
percentage of bills ratified,
binding up at 45.1 per cent. The
1971 session had been the
previous low with 52.9 per cent.
the statistics for the two
separate sessions of the 1973
General Assembly are fairly
similar. Os the 2,317 bills
introduced during 1973, a total
of 1,053 were finally ratified, 943
during the 1973 session and the
other 110 during 1974. Added
with the 31 single-house
resolutions that were
introduced in 1973 and adopted,
a total of 1,064 of the bills
introduced in 1973 were passed,
or 46.8 per cent. In the 1974
session another 1,384 bills were
pQt in, and 615 of those were
ratified. Along with the 14
single-house resolutions that
were introduced and adopted in
1974,6290 f the trills introduced in
1974 finally passed, or 45.5 per
cent.
As mentioned in a previous
Weekly Summary, for the most
part the attention of the 197 s
half of the session was centered
onnewlegislation. Os the 960 bills
left in committee at the end of
the 1973 session, only 110 were
enacted by the 1974 Assembly.
The other 629 bills which passed
this year were also introduced
this session.
The character of annual
sessions
It is probably fair to conclude
that the second year of'the 1974-
altogether new session. The
rate of introductions and rate
of ratifications were about the
same, the major issues left over
from the previous year were not
: quickly resolved but mostly
ended up being decided in the
A Wonderful Gift For
BSE)
Sunday, May, 12th
t ■ fl ■ ■I \
last week of two, and moat of
the legislation being considered
was new to this session. From
the vantage of hindsight it is
easy to say that the 1974
General Assembly should have
been expected to be of this
character. The one thing that
mdst influences the length of a
session (and thus thenumber of
bills introduced and ratified) is
the size and complexity of the
Governor’s budget proposal—
and for 1973 and "74 it was
decided to consider two budgets
rather than one. As state
spending has increased
dramatically over the last two
decades so has the length of the
biennial legislative sessions, but
despite that increase in length
approximately the same
amount of business has been
conducted each year—the
number of ratified bills for each
session of the last 20 years
-ranges from 1,302 to 1,668 and
the average is somewhere
around 1,400.
What seems to have been
happening is that as long as the
legislature is in session bills will
be introduced at a fairly
predictable rate (23.0 per day
in 1953 ; 23.1 per day in 1973-74)
but not many more than the
1,400 can be expected to be
ratified. With the great number
of days needed to adequately
consider the budget, the
number of introductions has
increased dramatically (1,825 in
the 1953 session; 3,701 for the
just completed session) but the
percentage being ratified has
dropped just as dramatically
(from 76 per cent in 1953 to 45
per cent for this Assembly). The
main reason for the increase in
introductions seem% to be
simply that the time is there for
it to happen. The
Appropriations Committee
takes up about two hours of
each working day of the session
(which is primarily Tuesday
through Thursday) and the rest
of the time during those days is
left for other committees and
for sessions of the two houses.
For each session of the last 20
years the legislators have used
that non-appropriations time to
introduce and consider a very
steady 20 bills a day. An
interesting question is what
would happen to the length of
the legislative sessions if the
daily schedule were
rearranged so that the
Appropriations Committee met
for most of each day during the
early part of the session
(perhaps to the exlusion of floor
; perhaps the budgeting
process would be speeded up
and time would no longer be
available for preparation and
introduction of a number of the
trills which are unlikely to pass
anyway.
The legislative institution
Unlike 1973 this was not a year
for substantial change in the
operations of the legislature
itself. Just by being in Raleigh
the General Assembly gathered
information on what annual
sessions are like, but a
conclusive decision on that
subject will remain for the next
session. Constitutional
amendments and resolutions
for and against the annual'
meetings were not even brought
out of committee for
consideration.
The most publicized
legislative change was the
increase in the pay of
legislators, finally enacted on
the last day of the session. The
basic salary of $2,400 a year will
be doubled for the senators and
representatives of the 1975
session, the monthly expense
allowance will go from SSO to
SIOO, and the subsistence
payments will be increased
from $25 to $35 for each day of
the session and for each day on
legislative business while out of
session. Under the current pay
scale a legislator might be
expected to receive about
SII,OOO for the two year period
for which he is elected,
assuming about 150 of those
days were spent in session.
Under the new pay rates, that
total would instead be closer to
$19,000.
At the same time that
legislators’ salaries were
increased, so were those of the
Speaker (salary from $4,000 to
$9,000; expense allowance from
SIOO to $250 -month; subsistence
from $25 to $35), and the
Speaker pro tern, President pro
tern of the Senate and the
leaders of the minority party (all
from $2,400 to 6,000, SSO to $l5O,
and $25 to $35). The legislative
retirement fund was repealed.
The General Assembly did
budget money to add five new
staff positions for the Legislative
Services office in a continuation
of the expansion that began last
year. And the Senate is moving
to install electronic voting for
the 1975 session, following a
resolution to that effect adopted
fairly early in the session. The
House will not be making a
similar move. -
Finally, legislation was
passed at the end of the session
to require the Secretary of State
to furnish each legislator and
Stiff Fine Is
Given Jackson
Judge Fentress Homer of
Elizabeth City Tuesday
continued his policy of dealing
harshly with shoplifters.
Lessel Jackson entered a plea
of guilty to larceny of a 93-cent
item from Macks in Northside
Shopping Center. Judge Homer
sentenced him to six months,
suspended upon'payment of SIOO
fine and costs.
Keith Teague of Elizabeth
City prosecuted the docket. The
following other action was
taken:
Robert W. Jackson, worthless
check, $25 fine and costs.
Willis Morse Brice, Jr., drunk
driving, 90 days, suspended
upon payment of $125 fine and
costs.
Willie Athen Twine, Jr., false
report of a stolen motor vehicle,
reckless driving and two counts
of. driving while license
revoked, 12 months, suspended
upon payment of SSOO fine and
costs.
Wheeler Holley, worthless
check, sots.
Robert Cooper, assault on a
female, 60 days, - suspended
upon payment of SSO fine and
costs.
Willie Lee Twine, assault on a
female, costs.
Haywood Williams, non
support of illegitimate child and
non-support of child, six
months, suspended upon
payment of costs and $25 per
week for support of children.
Three uncontested divorces
were granted. They were:
Mary Lou Jennings Harrell
from Calvin M. Harrell; Edna
Holley Locklear from Randy
Locklear; and Bruce F. Jones
from Nelle P. Jones.
THANK YOU!
I greatly appreciate the sup
k port and vote of the people
E-- Jm 9 of Chowan County in re
|ii% electing me to the Board of
*sJ- Jpw' Commissioners. The vote of
t. ■: 1 confidence gives me renew
s. ed strength to work for
VkaL i more efficient and effective
government in our county.
■ N. J. GEORGE
Mii ii 1 iii 11 ifi i|i 'll i. |k-., >'■ "•
H • ,S. . ’S ..
THE CHOWAN HERALD
the Legislative Library with a
copy of his list of registered
lobbyists, to be provided within
20 days of the opening of the
session and to be supplemented
each 20 days.
Major 1973 issues killed in 1974
The 1974 session began with a
number of significant issues left
over from 1973, and most of
those matters were finally dealt
with affirmatively, but several
never did make it. Highly
publicized in 1973 was no-fault
automobile insurance, subject
to lengthy and heated debate in
the Senate before passing and
going to the House in April of
1973. The House Insurance
Committee, never thought to be
overly friendly to no-fault,
deliberated over the matter in
1973, deliberated some more in
the interim between sessions,
and continued its deliberations
right through the entire 1974
session. It just never came out
of that committee.
Several other matters did
make it out of committee but
then found an unfriendly
reception on the floor. The
legislative ethics bill was
amended extensively on the
House floor and then finally
killed because it had become too
tough. A new landlord-tenant
bill did not even get to the point
of serious gutting
amendments—it was killed
before that was necessary. The
Missouri Plan proposal for
appointment rather than
election of judges was voted on
favorably in the House but not
by the margin necessary for a
constitutional amendment. The
bills for reorganization of the
departments of Correction,
Natural and Economic
Resources, Commerce,
Transportation and
Administration all passed the
House but the Senate committee
could not agree on and thus
never reported out any of the
bills except for the one dealing
with Correction and N&ER,
which was ratified. Likewise,
only part of the environmental
package made it, but the ones
that did should be considered
fairly significant and will be
mentioned below.
Major 1973 issues that were
passed in 1974
The delay in consideration of
several 1973 bills resulted in a
substantial dilution of the
original legislation before
enactment could be secured.
The prize for being most
amended on the floor clearly
went ■ to the coastal area
management bill, rewritten
extensively to increase the
input of local officials in the
land use planning and permit
issuing anticipated by the bill.
Most amended by committee
was the Criminal Code
Commission’s lengthy proposal
for a revision of the statutes on
pretrial criminal procedure.
Both the House and Senate
wrote committee substitutes
and generally left outmatters of
any controversy.
Perhaps ending up tougher
than would have been thought
when it was left over in 1973 was
the campaign reporting
legislation. After considerable
work in the interim and during
the session, a new bill with
rather strict reporting
requirements was introduced
and passed, with some
limitation on spending for
media expenses added during
consideration. The legislation
will get its first test in the
campaigns for the November
general election.
The controversy over
capital punishment was finally
resolved at the end of the
session and the state now has a
mandatory death penalty for
first degree murder and certain
aggravated forms of rape
termed first degree rape. The
new punishment for first degree
burglary and arson is life
imprisonment. A state land use
policy act was passed after
being rewritten in much the
same manner as the coastal bill
(to increase the participation of
local governments). The
mountain area management bill,
the original companion of the
coastal bill, remained in
committee. An almost forgotten
bill creating a state land
conservancy corporation was
revived in the last few days
and enacted, but not before
the corporation was stripped
of much of its authority.
Other major 1974 issues
Several matters that had
received some discussion
during the 1973 session
resurfaced in 1974 with even
renewed vigor. The hottest topic
in that category would have to
be the medical school at East
Carolina University. Not
satisfied with simply continuing
the reserve fund that had been
begun last year, the General
Assembly directed the UNC
Board of Governors to come
back next year with plans for
expansion of the first year
program and for addition of a
second year. $7.5 million in
additional appropriations was
provided (to go with the $7.5
million set aside last year) to
build a basic medical science
Continued on Page 6
Legal Notices
EXECUTOR'S NOTICE
: Having qualified as Executor of
the estate of J. P. Ricks, late of
Chowan County, North Carolina, this
is to notify all persons holding
claims against the estate of said
deceased to present them to the
undersigned on or before the 9th day
of November, 1974, or this notice will
be pleaded in bar of any recovery
thereon. All persons indebted M said
estate will please make immediate
payment.
This 6th day of May, 1974.
J. P. Ricks, Jr.
Executor of The Estate of J. P.
Ricks Deceased.
W. J. P. Earnhardt, Jr.
Earnhardt & Busby, P. A.
Attorneys at Law
P. O. Box 445
Edenton, N. C. 27932
May9,16,23.30C
EXECUTOR'S NOTICE
Having qualified as Executor of
the estate of Vivian C. Habit, late of
Chowan County, North Carolina, this
is to notify all persons holding
claims against the estate of said
deceased to present them to the
undersigned on or before the 9th dav
of November, 1974, or this notice
will be pleaded in bar of any
recovery thereon. All persons
indebted to said estate win please
make immediate payment.
This 2nd day of May, 1974.
John F. Habit
Executor of The Estate of Vivian
C. Habit Deceased.
EARNHARDT 8. BUSBY, P. A.
102 West Eden Street
Edenton, N. C. 27932
May9,16,23.30C
LEGAL NOTICE
Pursuant to U. S. Department of
Health, Education and Welfare
regulations, the Comprehensive
Health Planning Section of the
Office of the Secretary, North
Carolina Department of Human
Resources, announced on April 29,
1974 approval of the proposal of Cape
Colony Haven, Inc., L. F. Amburn,
Jr., President, to incur a capital
expenditure for a 32 bed expansion
of an intermediate care facility
under development (total 96 beds) at
Edenton, State Route 32-A (Chowan
County). Prior to approval, the
proiect proposal was reviewed by
the Division of Facility Services,
North Carolina Department of
Human Resources. The approval
decision was consonant with the
recommendations of these agencies.
ITC
NORTH CAROLINA
CHOWAN COUNTY
NOTICE OF SALE
Under and by virtue of the power
of sale contained in a certain deed of
trust executed by Johnnie E. Hughes
and wife. Pearl B. Hughes to W. S.
Privott, Trustee, dated the 4th day of
March, 1961 and recorded in Deed of
Trust Book 78 at page 345, in the
Office of the Register of Deeds of
Chowan County; and under and by
virtue of the authority vested in the
undersigned as Substituted Trustee
by an instrument of writing dated
the 18th day of April, 1974, and
recorded in Book 101 at page 96 in
the Office of the Register of Deeds of
Chowan County, default having been
made in the payment of the
indebtedness thereby secured and
the said deed of trust being by the
terms thereof subject to foreclosure,
and the holder of the indebtedness
thereby secured having demanded a
foreclosure thereof for the purpose
of satisfying said indebtedness; the
undersigned Substituted Trustee
will offer for sale at public auction to
the highest bidder for cash at the
Courthouse door in Edenton, North
Carolina, at 12:00 o'clock Noon on
Wednesday the 22nd day of May,
1974, the land conveyed in said deed
of trust, the same lying and being in
First Township, Chowan County,
North Carolina. and more
particularly described as follows:
That certain lot or parcel of land
together with all buildings and
improvements thereon numbered,
known and designated as Lot No.
Ten (10) as shown on corrected map
of Westover Heights made by Carlyle
C. Webb, C.E., dated April 26, 1949
and recorded in Plat Book No. 1, page
54, in the Office of the Register of
Deeds of Chowan County, North
Carolina, and being the same
property conveyed to the said
parties of the first part by the said.
Richard H. (Henry) Hardin and his
wife by deed of even date herewith
and duly filed for registration in the
aforesaid Office, said plat and deed
and those instruments mentioned
therein being hereby referred to and
made part hereof for further
description and chain of title.
This conveyance is made subject
to all covenants, conditions,
restrictions and reservations of
record affecting the said property.
The property above describeo
be sold subject to 1974 ad
valorem taxes not yet due and
payable. The highest bidder at the
sale shall be immediately required
to make a cash deposit not to exceed
Ten (10 per cent) Per Cent of the
amount of the bid up to and including
51,000.00, plus Five (5 per cent) Per
Cent of any excess over 51,000.00
This the 18th day of April, 1974.
W. J. P. Earnhardt, Jr..
Substituted Trustee
102 West Eden Street, P. O. Box 44.
Edenton, North Carolina 27932
Telephone: (919 ) 482 4441
Apr.25,May2,9,16C
EXECUTOR'S NOTICE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
Having qualified as Executor of
the estate of Lillian Perry, late of
Chowan County, North Carolina, this
is to notify all persons holding claims
against the estate of said deceased
to present them to the undersigned
on or before the 3 day of November,
1974, or this notice will be pleaded in
bar of any recovery thereon. All
persons indebted to said estate will
please make immediate payment.
This 25 day of April, 1974.
Melvin P. Perry
Executor of the Eastate of Lillian
Perry Deceased.
EXECUTOR'S NOTICE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
Having qualified as Executrix of
the estate of Gordon V. Robbins, late
of Chowan County, North Carolina,
this is to notify all persons holding
claims against the estate of said
deceased to present them to the
undersigned on or before the 3rd day
of November, 1974, or this notice will
be pleaded in bar of any recovery
thereon. All persons indebted to said
estate will please make immediate
payment.
This 30 day of April, 1974.
Sue K. Robbins
Executrix of The Estate of Gordon
V. Robbins Deceased.
EXECUTRIX' NOTICE
Having qualified as Executrix ot
the estate of Leon G. Leary, late of
Chowan County, North Carolina, this
is to notify all persons holding
A SINCERE THANK Y0U....
Inadequate as it may be, I want to take this oppor
tunity to thank the voters of Edenton and Chowan j
County for their overwhelming vote of confidence
in the Democratic Primary on May 7th. I will con
tinue to put forth my best effort on behalf of all
the citizens of the county as a member of the Eden
ton-Chowan Board of Education.
Emily G. Amburn
Steal me. Bum me.
Throw me away.
I’m still yours.
18 » I*. \
claims against the estate of said
deceased to present them to the
undersigned on or before the 3rd day
of November, 1974, or this notice will
be pleaded in bar of any recovery
thereon. All persons indebted to said
estate will please make immediate
payment.
This 29th day of April, 1974.
Lena M. Leary
Executrix of The Estate of Leon G.
Leary Deceased.
EXECUTOR'S NOTICE
Having qualified as Executor of
the estate of Mildred McMullan
Elliott, late of Chowan County,
North Carolina, this is to notify all
persons holding claims against the
estate of said deceased to present
them to the undersigned on or before
the 25th day of October, 1974, or this
notice will be pleaded in bar of any
recovery thereon. All persons
indebted to said estate will please
make immediate pavmr-*
This 10th dav of April, 197 J
PEUPLES BANK 8. TRUST
COMPANY
Executor of the Estate of Mildred
McMullan Elliott Deceased.
Earnhardt & Busby, P. A.
Attorneys at Law
Edenton, N. C. 27932
NORTH CAROLINA
CHOWAN COUNTY
NOTICE OF RESALE
Under and by virtue of the power
of sale contained in a certain deed of
trust executed by COASTAL
WATER CORPORATION to W. J. P.
EARNHARDT, JR., TRUSTEE,
dated the 22nd day of October, 1969
and recorded in Book 88 at page 355
tn the Office of the Register of Deeds
of Chowan County, default having
been made in the payment of the
indebtedness thereby secured and
the said deed of trust being by the
terms thereof subject to foreclosure,
and the holder of the indebtedness
thereby secured having demanded a
foreclosure thereof for the purpose
of satisfying said indebtedness; and
under and by virtue of an order of
resale of the Clerk of Superior Court
of Chowan County, North Carolina,
the undersigned Trustee will offer
for sale at public auction to the
highest bidder for cash at the
Courthouse door in Edenton,
Chowan County, at 12:00 o'clock
Noon on Thursday the 16th day of
May, 1974, certain land and
premises conveyed in said deed of
trust, the same lying and being in
Chowan County, North Carolina
and described as follows:
1.799 Acres in Fourth Township,
Chowan County, according to the
survey plat of Jasper W. Hassell
dated February 16, 1974 and more
particularly described as follows:
BEGINNING at a set iron pin, said,
pin being located North 7 degrees 01'
East 369.40 feet. South 83 degrees 08'
East 390.01 feet, South 7 degrees 01'
West 135.30 feet and South 82 degrees
59' East 181.70 feet from the
intersection of the center lines of
Midway Road and County Road
N 0.1114,.1114, formerly referred to as
Guadalcanal Road, and running
Page 5-A
thence from said beginning point
North 7 degrees 01' East 264 feat to a
set iron pin; South 82 degrees 99*
East 275.51 feat to a sat Iran pin;
South 7 degrees 01' West 296.70 feet
to a set Iron pin; North 01 degrees 12'
West 183.10 feet to a sot Iron pin;
North 7 degrees 01' East 25 feet to a
set iron pin and North 02 degrees 59'
West 92.50 feet to a sat Iron pin, the
place of beginning.
TOGETHER WITH, the malr
lines of the fresh water jflstributior
system of the former Marine Corpt
outlying field, Edenton, North
Carolina, as the said main lines of he
said system are presently situate In
and on said former Marine Corps
outlying field, TOGETHER WITH
an easement over, upon, under and
across those certain strips of land
where the said main lines of the said
fresh water distribution system are
presently situate, which strips of
land extend In width 10 feet, being 5
feet on each side of, measured at
right angles from the center lines
plus 10 feet beyond the end of any
main line, for the purpose of
repairing, maintaining, operating
and-or removing said main line,
with the right of ingress to and
egress from said strips of land for
said purposes.
TOGETHER WITH ALSO, an
easement of right of way for the
purpose of ingress and egress, over
and upon those certain paved
roadways which include the East-
West roadway known as Henderson
Drive, and the North-South roadway
which extends along the Western
boundary of the property herein
above described, which said ease
ments burden the land known as
Tract No. 1,11.993 acres of the for
mer U. S. Naval Air Station, Eden
ton, according to the survey plat
of Jasper W. Hassell dated Feb
ruary 16, 1974.
EXCEPTING from the property
hereinabove described a perpetual
easement of right of way reserved
unto the Town of Edenton, its
successors and assigns, for ingress
to and egress from the water tower
located on the premises hereinabove
described for the purpose of
repairing, replacing, maintaining
and operating the airport
beacon light affixed to said towei.
THE OPENING BID ON THE
ABOVE DESCRIBED LAND WILL
BE: 537.090.85.
The land above described shall be
sold as one contiguous tract, subject
to 1974 Chowan County ad valorem
taxes, and the sale will be made
without covenant or warranty
regarding title, possession, or
encumbrances,and for the purpose
of paying the obligation secured by
the aforesaid deed of trust, including
fees, charges and expenses of the
Trustee. The highest bidder at the
sale shall be immediately required
to make a cash deposit not to exceed
Ten (10 per cent) Per Cent of the
amount of the bid up to and including
$1,000.00, plus Five (5 per cent) Per
Cent of any excess over $1,000.00.
This 29th day of April, 1974.
W. J. P. Earnhardt, Jr., Trustee
102 West Eden Street
Pot Office Box 445
Edenton, North Carolina 27932
Telephone: (919 ) 482-4441
May2,9C
Once you bring me home,
I’m yours forever.
Even if I’m burned. Or
lost. Or stolen.
If you look for me and
can’t find me, just report it.
And you’ll get me back, as
good as new.
And remember: I’ll never
break your heart. Or
leave you stranded in the
tight spots.
I’ll always be there when
you need me.
And that ought to make
you feel pretty secure.
Now E Bonds pay 6 % interest when held to
maturity of 5 years (4HK the first year).
Bonds are replaced if lost, stolen or destroyed.
When needed, they can be cashed at your
bank. Interest is not subject to state or local
income taxes, and federal tax may be
deferred until redemption.
. stock 7
m^nenca.
Mb the Payroll Savings Phn.
0 c-gj