^ Friday, Narmbtr 27, 1924 | LEGAl to n ? >RTH CAROLINA?Cherokee ? ^ County. ^ 1 A. M. Simonds, Entry Tdker for . !H( Cherokee County : t, xhe undersigned J. M. Rcecei of rC^| erokee County, ^HiHh Carolina, enir*^ i and lays clai.Tr to the following Dicj| scribe d piece or narj^t of land in !, crphv township, Cherokee County, te.of North Carolina, the same he-' -< > vacant and unappropriated, and iject to entry, viz: i . Joins James Timpson's line with L r L. A. Carroll line with the Inloe t, and with Jess Nick's line, conW i ling by estimation 10 acres, r (Signed) J. M. REESE. : Entered this 21st day of Oct.. 1924 ORTH CAROLINA?Cherokee County. | j?All persons are hereby notified I Bit a warrant of survey will be Is SI to the said J. M. Rceserbn the fnd day of November, 1924, for the I K>ve described ands if there is no otost filed in this office before at date. This the 22nd day of Oc! b money secured by a drcd ?>f trust J it< ] February 1st, 19-1, registered the ofice of the Register of Deeds ! Cherokee County, in Book No. 74 * J page 366, the undersigned, as trusS, e, will for the purpose of satlsfy: g the said indebtedness, offer the' opcrty conveyed therein at public! let ion. to the highest bidder for Lsh. at the court house door in Muri.v. N. C., on the 9th day of Decern- j ?r. 1924, at 11 o'clock A. M. The debtedncss described above is for j * le purchase price of the property1 io H. N. Elliott. The property above referred to j as conveyed to tnc undersigned trusie for the purposes aforesaid, and escribed as follows: Known as the Hitchcock property,! \ platt book in the Register of j feeds office in Cherokee Gfounty, j orth Carolina, Book 1, pdge 2S,< lore particularly described as fol-l i?a: Being LuU No. 61. Reference t i hereby made to the above plat for articular description of the meets nd bounds, being a portion of the md sold at public auction July 6th. 921, Lot 50 feet front and 200 feet M >. This November 7th, 102-1. L. E. BAYLESS, Trustee. | 13-4t-dw) NOTICE. The Atcade Cafe has been sold to leel Reece. We will not be rcsponible for any debts-, afteh October 15. E. C. MALLONEE. J. W. DAVIDSON, T. J. MAUNEY. NOTICE By virtue of an order of the Court ?ade in an action ent'tled S. W. ovingood. Administrator of the Istate of D. W. Lotidermilk, deceased, s. John I. Loudermilk. et als, the tndersigned Commissioner did, on be 3rd day of October, 1924, offer or sale to the highest bidder for cash J kt public auction, at the courthouse j loor in Murphy, the lands hereinafter I escribed, A. M. Simonds becoming he last and highest bidder for said ends at said sale; said sale having >ecn reported to the Clerk of the Superior Court of Cherokee County or confiremation on the 3rd day of )ctober, 1924, and exceptions having >een filed to said sale upon the rrounds of the inadequacy of the price offered for said lands at said sale, Ihe Court ordered a re-sale of the lame, rture of which order the 1 undersigned Commissioner will, on Tuesday the 2nd day of December, 1924, between the hours of 10:00 A. M. and 2:00 P. M. offer for sale | M> public auction to the highest bidder for cash, at the courthouse door in Murphy, the following described real estate: First Tract. In Hot House Township. Cherokee County, Begining on the 8. W. corner cf Tract No. 139; then bnua S. 35 W. 50 poles to a rock corner on a conditional line between C. S. Ballew and Margaret E. Watson; thence N. 55 E. 160 poles to aj wsafras corne^ standing in the or- j line oi the same; then 5. 35 E. j &0 poles to a locust corner of the. ?ame; tten S. 65 W. 160 poles to the beginning, containing 50 acres, more or Second Tract, iii Wouthouse Town &P* Cherokee County, Beginning en | ^hite Oak, the southwest corner of 193, md runs S. wdth the line of Alphalr Pain 49 poles to a small .ADVERTISED Spanish oak on the line of Xo. 183; s then north with the line of Xo. 186,1' south 45 poles to a small pine on the 1 line of 189; then West with the line!; c f 80 E. 48 poles to a small oak ! I I (fallen) and pointers, the north east corner of said unmber; thence with t i the line of the said Xo. S. 40 E. > Johnson Thact, Xo. 75S2; thence < north with the line of said number S. 1 40 E. 56 poles to a pupla-, white oak and rock corner of said unmber; then 11 south with the line of Xo. 50 east t ISO poles to the north west corner 5 of said unmber, a sourwood (fallen) : 1 then north 51 degrees west 130 pole?' * to a locust, as the southeast corner of J 183; then with that line S. 55 degree? 1 west, crossing Hot House Creek at i 118 poles, 160 roles to the Beginning, t containing 145 acres, more o: less. 1 S. W. LOVINGOOD (1512t-foc) Commissioner ? | s NOTICE OF DISTRIBUTION OF > PARTXERSH1P IF WILSOX COX- < CONSTRUCTION CO. i < r Notion is hereby given that the * partnership heretoaftsr composed of' R. V. Wilson, C. D. Getr and W. G. j * name of Wilson Construction Co.. J t with headquarters in Rutherfordton, ' North Carolina, ha? this day been 5 dissolved and the business taken over t and all assets and liabilities thereof 1 assumed by C. D. Geer and W. G. j < Wilson, who will continue to conduct 1 the business under the name of W:l- < son Construction Company, R. V. ? Wilson having sold all of his interest < in said partnership to the said C. D.; t Geer and W. G. Wilson, who have < assumed all of the gf>od will, assets, ^ liabilities and indebtedness of the < said Company. ' i This the 5th day of November, < 1024. 1 WILSON CONSTRUC. !' TION COMPANY 1 C. D. GEER, 11 W. G. WILSON, < R. V. WILSON 'l (15-4t-pwp). i ! i NOTICE OF ELECTION ? A meeting of the Board of Conunis- ( sioners is held at the Library Build-:: ing, on the 17th day of November. 1 1924, at 7:00 P. M., said meeting < having been adjourned to this time : and place from the regular meeting 1 of the Goaru on Liic- loth .of Novcrr.- ' 1 ber, 1024. Present were W. M. Fain ' Mayor; B. W. Sipe, W. D. Townson;]i J. H. Phaup; J. B. Story; W. W. j1 Hyde and E. P. Hawkins, Conun'ss- 1 ioners. The meeting was duly calltd ,t to order and. the following business ? tmnci r*t nrl ' 1 Upon motion duty made and secon-( ' ded, and passed by a unanimous votei of nil Commissioners, the following < resolution was adopted: J Whereas, in the opinion of the 1 Board of Commissioners of the Town s of Murphy, a sale of the hydro electric plant and its equipment, now * owned by the Town of Murphy. Is < deemedproper and expedient, and the < Carolina- Tennessee Power Company ^ having offered to purchase the said ? plant and equipment, and having t tendered a contract therefor, dated 1 as of Novembe* 8th. 1924, in words < and feu res as follows: i To the Voters and Tax Payers of t"ie ' Town of Murphy: 1 Notice is hereby given that a con-, 1 tract to purchase and sell the hydro- 1 electric plant now owned by the Town t of Murphy, at a price which the j * Board of Commissioners deems a fair c and adequate one. taken in connect-. 1 ion with the covenants, contracts and's agreements contained therein has f been tentatively accepted by said T Board, subject however to the will: c of the majority of the voters of the 11 town to be expressed at an election J1 to be held on the 23rd day o-f Decern-' ? ber, 1924. j? Accordingly, this election is hereby 1 called for said data, to be held at f the usual pollinF place. A new re-. e gistration has been ordered, so that | s it will be necessary that all persons j8 desiring to express their will.must j ? register a new. T. W. Alley has Ic been appointed as Registerar and he j b will orpen the Registration Books at 8 the Murphy Hardware, in the! tJ Town of Murphy, dn the 24th day of 1t November, 1924, and attend at this f place from the morning of this day F until the close of Saturday, Deaem- r ber 6th, 1924, and every dayvbetween 8 said dates, except Sunday, for the " purpose of registering those wishing to vote. H. D. Akin and Sid Pendley t are appointed Judges, and with the ?' RegiaUa., will hold said s!cct!cs or. < the 23rd day of December, 1924 dur- n ing the hours legally designated for r the purpose. t All voters desiring to vote their 8 approve of the sale of this property 8 shall vote a written or printed ballot, c whereon shall be written or printed 8 the words: "For Sale of Hydro- t electric plant," and those opposed, a B THE CHEROKEE SCOUT, irfuf 1ENTS imilar ballot, with the words:! 'Against the sale of Hydro-electric 3lant," and if a majority shall ap- j jrove, the sale an the contract shall J >e consummatted. The contract agreed upon by and ; ?etween the said Board of Commlss- i oners and the proposed purchaser,' 7arolina- Tennessee Power Comj^iny.; s as follows: Art. 1. In consideration of the ; >aymenta of the sum of money, ard : he performance of the conditions, j stipulations, contracts, covenants and j igreenfer.ts set out in contract, the \ own agrees to sell to the Carolinarennessee Power Company the light! md power plant now owned by it, ncluding its dam on the Notla River,; ind all lands covered by it ar.d water [ibove it, airlands and easements in ards owned in connection with it; ts transmission and distributing lystcm. power house, and land on vhich it stands, poles and wires, listribution lines, and appliances and j equipment of every kind and charac-! er and kind, used and owned by the . own in connection with said plant, j Art. 2. The town agrees, as soon j is the approval of votes is obtained o deliver possession to Carolina 1VU1IVC9CT i unci VUlllj'Uliy U1 il l UI ;ale propc?*ty rights. and to transfer , ;o it all it3 unpaid accounts for electricity or power, that may have at - 1 rrued or become due for electric ighl or power during the fuli calen- ( lar month in wh'ch possession is' xansferrcd, with the right in said ; "arolina- Tennessee Power Company o collect the same in its own name, >r the panic of the town, and same, j .vhen collected, to be the property >f Carolina -Tennessee Power Co.;1 ind it 6hall also have the benefit >f any and all contracts for eiec-1 :i icity which the town may then haw, md which are embraced In a schedule] ittached to the contract. The Caro-! ina- Tennessee Power Company lgroes to at once take charge of the! jlant and all said property, and to J neet all regular and usual pay rolls i for operation, after the beginning ol :he month following the transfer. I istimated and agreed not to exceed 5500.00, and tn opt rate the sarnv. u j furnish electric ity for lighting, to ;itizens of Murphy, for five years, it not to exceed ten cents net, cilowatt hour, and during the life of frnnrhise thereafter, at no greater ate than allowed by State Corporaton Commission or its successors, ind to furnish heat and power to hose in Murphy desiring it, at no jnater than allowed by said Commission or its successors; to furnish ransformers, etc., in lieu of the paynent of municipal taxes and license fees during the life of the franchise, md to furnish without charge, the ;ame number and character of street amps during said period, and to keep lame burning from 30 minutes after (unset, until 30 minutes before sun ise, and in further consideration of xemption from municipal tax. lionise fees, etc., additional service vithout charge as follows: electrical ncrgy equal to that now delivered to ! he transformers of present street j ighting system, and to deliver with>ut charge to street lighting equip- j nent, additional to that now fostailed o be purchased, paid for and owned >y the town, as may be demanded by, he town, subject to the contitlon j hat the town can demand not more I han 10 per cent increase of elec-i rical energy, over that now bcing| lelivered, in any one year, and this lability for additional street lighting ervice free, shall cease, when 100 >er cent increases shall have supdied. In further consideration of if release from municipal taxes and icense free, the Carolina-Tennessee >ower Company shall, at Its own cxlense instell the apparatus, materials ind equipment necessary to enable ' he town to use the electrical energy, or street lighting which it is obligatd to furnish without charge. All trect lighting over and above this, hall be supplied by Carolina-Tennssee Power Company at the cost and xpense of the town, under reasonable conditions to be agreed upon, bur. ,t rate not to exceed that allowed by he Corporation Commission. Within hese limitations, Carolina -Tennessee *ower Company is to establish and tut into effect rate schedules, and easonable regulations, governing the upply and use of electrical energy it nay furnish. Art. 4. The plant is to be mainained at its present state of efficoney and Carolina-Tennessee Power Company is to make, upon reasonable lotice from consumers, such Jmprovenents, additions and extensions to he generating and distributing ystems as may be reasonable neccsary to sxipply the needs and demands >i the town afd the inhabitants, at ill times during the feaftcblse, and o supply standard electric light, heat ind power service to the town and its tPHY, NORTH CAROLINA citizens and residents at the price set forth. Provided that if Carolina- 1 Tennessee Power Company shall build another piant, or plants, and install generating equipment of aggregate capacity of at least 10,000 horse power, and makes power available therefrom to the town and its citizens, to a volume equal to that capable of being supplied by the Nolla plant, it shal lhave the right to d'smantle and discontinue the latter, if desired, and to discontinue Its use as an independent unit, and it may . take ar.d use all the property of every kind conveyed to it by the town j as it may elect. Where Carolina- j Tenness Power Company substitutes! other lands, rights, plants, etc. for' similar items, or other electrical service, for electrical service now being supplied by Nctla Plant. Carolina-Tennessee Power Company shall have the right to sell at its option, j or convert to such other use as it1 may desire, any and all such property and rights, for which it shall have : made adequate substitution. Prov":i-; cd all moneys received from such salts, shall be paid over to the town, to be aplied by it to the next amor tination payments, that may fall due in accordance with Append.x "I>". Art. 5. In consideration of the turning: over of this property by the town, and of its stipulations, con-j t acts, etc., Carolina-Tennessee Pew-J er Compay agrees to pay all interest j on the bonds of the town which were issued to build and equip the plant and which are still outstanding, as it becomes due and payable except the interest that may have accrued as of the first day of the- calendar j month in which it may take charge. j and, after said date, all amortization charges on said bonds, it being under- J stood that Carolina-Tennessee Power , Company is to relieve the town of all liability on these bonds, whether by way of principal or interest. Appendix "B"" attached sets our interest and amortization charges, amounts of payments by way of both and th dates when due. CarolinaTennessee Power Company also j agrees to pay to the town cash equal tot the difference between the aggregate principal of th bonds listed in this appendix that may be outstanding at the time of transfer and ihe sv?ni of two hndred thousand dollars, in jfive equal installments, the first to be made at the time of transfer, and annually thereafter. Art. 6. As security for the performance of its contracts, etc., CaroI lina-Tennessee Power Company agrees to execute and deliver lo the town a bond in the sum of $25,000. conditioned for the faithful performance of all -its agreements, etc.. which bonds is to be aproved by. the town as to solvency, provided thai Carolinn-Tennessee Power Company may kep on deposit with the town cash, of unmatured bonds, at par. aggregating this amount, and no bond or deposit shall be required after Carolina-Tennessee Power Company shall have made improvements and additions to the plant and distributing system equal to $25,000. which shall have vested in the town. The town is to retain the title to all property agreed to be conveyed, until the Power Company shall have oaid for it in accordance with Article 8, and it is agreed that all improvements and additions made by Powtr Company upon the lands, easements, rights, streets, alleys and public plac-1 es of the town shall, when made, j vest in the town, until the Power Company shall be entitled to its deed. Art. 7. Grants a franchise right tto Carolina-Tennessee Power Company for sixty years from date, to use the streets, alleys, and other public places in town for purpose of erecting, constructing and maintaining operating poles, wires, conduits, transformers, or other apparatus, appliance or equipment, necessary, cr desirable for transmission of electrical energy into town, and in and through town, as now existing, or hereafter extended, and the operation of an electric light and power business within the town. Art. 8. While said light and power plant with all appurtenances and equipment and all extensions and additions remain the property of the town, it, the town, agrees to indemnify and save harmless the Power Company against any claim for State. County or Municipal taxes or license fees on same, and to execute and de uver to me power company or Its successors or assigns, a good and sufficient deed, with full covenants of warranty, conveying in fee simple, all the properties described, and all extensions, improvemets and additions, and all property constituting, belonging or oppertaining te said plant and distributing system, or the general electric generating and distributing system operated by Carolina-Tennessee Po-yer Company which may then be owned by the town, whenever requested by the Power Company, aad upon Ita compliance with the payments, stipulations, contracts and agrevr-nnts. which acr to be oerformend before' ] th? date of such rruest. md u^or* I < satisfactory i-roo: tr?t the Power |1 Company or its successors, or assigns, | have fully relieved the town from all ( liability on account of principal or , interest of said bonds, provided, how- ' ever, that the town will, at any time, make said ded, upon the tender of ; cash or ur.cacelled bonds at par, of ; the issue listed in Appendix "B", in j1 an aggregate amount equal to the j' principal of all bonds then outstand- j ing and ail accrued interest on all.; outstanding and unsurrendered bends. 1 except those so tendered. Art. 9. Shouid the Power Company notify the town that it desires .1 to acquire lands, or easements ir. .1 lands, to use or hold for the purpose of adding to, extending, replacing or Improving the electric generating 1 distributing system being used to supply the town and its citize-s. the town agiees to acquire and hold the same as a part of its system, to be conveyed to the Power Company, lion its compliance with the provis*1 ions of Article 5. Power Company i to pay the town promptly the reasonable cost of the property so request-! eti to be acquired, upon presents-1 tion of an itemized bill tin re for, but ( the title is to remain in the town, ust-| til the Power Company shall have acquired the right to have the same cor.-, veyed by the detd mentioned In Article 8, and no lunger, it bclr.g understood that all such lands, etc.. are to be included in the deed as par* of the property to be conveyed '.hereby. Art. 10. In the event the Power Company has not acquired the right to have the'deed provided for in Article 8. and shall fail and refuse to carry out a'r.y of the stipulations, contracts, etc., on its part contained in this naptr writing, all t*:e property turned over to ii, by the town, togetlur with all improvements, additions and extensions made bv the Power Company, at the ixper.s? of I the Pow< r Company and which by the terms of this agreement are to . be vested in the town, shall a: oner be surrend: red up to the town by the Power Company, and the town shall have the right of immediate a.tion against the Power Company, o; its assigns to recover nnv and all damages, arising or growing out uf the fail.:re or refusal of the Power Com-, pany or its assigns to k?ep and per- j form a!, each and every of its con tracts, stipulations, covenants and agreements. Art. *1. The town re pre sc-uto that thtre are no town bonds outstanding and no mortgage, or othei instrument or .ight existing, which.in any way. create a lien or anv kind i upon its municipal light plant, trans- j mission and distribution lines, cr on ! any of the lands or property agreed ; to be conveyed to the Power Com- j vany. and agrees that it will not ere-j ate or give any lien thereon what-1 soever, except as same may be given j or created for the benefit of the j Power Company, pursuant to the: terms of the contract of purchase, and "Art. 12. In the event the contract of put chase and sale be not approved by a vote of a majority of the qualified voters of the town at in election to be held in forty five days, the Power Company has th ' igh*. t ; declare void, at a-y within 00 days. Art. 13. If Power Company Vcoims entitled to a deed as set forth ; in Article S, dismantle, abandon or discontinue the use of the Xotla Plant, in accordance with Article 4 it shall deposit with Wachovia Bank and Trust Company of Asheville, X. C., par value first mortgage bonds of the Power Company, to an amount in par value of all electric light bonds of the town outstanding, as of the date of such dismantling, abandonment or discontinuance of the use of said Xotla Plant, together with all matured coupons, to be held by said depositary bank as security for the payment of the principal and Interest nn cni/t hnndo on.l ered to the Power Company, when it shall become entitled to a deed a? set out in Article 8, provided that all coupons on said first mortgage bonds, as they mature, shall be surrendered to the Power Company, so long as the town shall not in writing delivered to said bank, charge the Power Company with default, in the terms of this agreement. Provided further that the Power Company shall from time to time, be entitled to a redelivery to it of its first mortgage bonds, equal in par value, to the amount at par of the said electric bonds for which it shal lhave paid the town cash for the amortization thereof ?nhseauent to the date of the ae-1 livery of its bonds to the depositary bank, as herein provided. Trust agreement to be entered into with bank. The above contains a statement of the material points of the contract, to be voted on, on December 23rd, 1924, and it is believed that no material matter has been omniitted i PAGE SEVEN However, all tv r<-ons ir!-_- t id the contract for themselves. are notified that the same can be had for this purpose, by calling at the office >f B. W. Sipe, Secretary of the Board of Aldermi n and the Schedules, or Appendices referred to, may also be teen and examined at the same place. Whereas, in the judgement of the Board the interests of the Town of Murphy would be materially promoted, and its welfare advanced by entering into said contracc, anc! Whereas, the interests of the town are protected by said proposed contract so that a sufficient amount of light and power will be furnished to supply the need3 of its inhabitants, and the prices and teiyns tnercm ser aut are fair and equitable. Therefore, be it resolved, that the said proposition of purchase oe ac.v ?~. i - - - - .vjitwi omx me ?uiu cuiiiirsvi uu signed by the Mayor and the six members of the Board of Commissioners, and the Common Seal of the town thereto annexed, to the er.d that s me sha.: become the act, contract and obi nation of the Town of Murphy, subject to its approval by a majority of the qualified voters of the town at the election hereinafter called; Be it further resolved, that for* the purpose of submitting the said contract to the qualified voters of the town of Murphy, a special election is calle dto be held, pursuant to law. at the regular polling place, in the court house, on the 23rd day of December, 1924. That a new registration of the voters of the town is hereby order for the said election, and T. W. Axley is hereby appointed as Registrar, and he is hereby directed to open the registration booX for such new registration at the Murphy Hardware Store in the town, on Monday, the 2iin day of November, lt?24, and to keep said books open daily, Sundays excepted, up to Saturday. December Gih, 1924, including both said dates, and to attend at r.:d j la.o as provided by law, and register all legal voters of the town applying lor registration. Only those persons so registering shall be qualified to vote in said election, save sind except such as are alcrwed by lav to rc-gisUr or the day of election. Notice of this new registration shall be published once a week, during the time said Irsoks are open, and the week pr.c- ding their opening, in the i-ni'ruiwcc occtti, ana notice tnereot shall also be posted at the court house door, and si xother places in the town of Murphy. II. D. Akin and Sid Pendlcy are hereby apointed as judges of said election, and with the above named registrar, and after qualification as required by law, are authorized and directed to hold same on said 23rd day of December, 1924. At said election those electors favoring the sale of the hydro-electric plant and its equipment, pursuant to the terms of the contract hereinbefore sot out, shall vote a written or printed ballot bearing the words "For Sale Hydro-electric Plant," and those opposing said sale shall vote a written or printed ballot bearing the words. "Against sale of Hydro-electric plant." and if upon canvass of the said result, it shall be ascertained that a majority of the qualified voteis of the town have voted in favor of said sale, a sherein provided, then the contract herein set forth shall become effective and shall go into ef.:\ e; but if a majority of the qual.ied voters shall not favor the said sale, the contract shall be treated as having no further effect. It is ordered that a copy of the minutes of this meeting be published in the Cherokee Scout. a newspaper published in Murphy, X. C., for thirty days as notice of the election aforesaid. \Y. M. FAIN. Mayor. n. \v. Mi'r-, Town Clerk. New Way to Stop Night Coughing Those who have suffered the tortures of sleeplessness due to continual coughing at night, and who as a result often feel utterly wornout and useless during the day, need no longer permit their systemsto be weakened and their vitality sapped by this distressing ailment. For through a very simple treatment the t-ouble can be stopped almost at once, and people often get their full night's rest undisturbed after the very first trial. lit-rc is the method: Simply Ret a bottle of the prescription known aa Dr. King's New Discovery from any drug store. Then to-night before V9~ tiring tak?- one tcaspoonful and hold It tm your throat for IS or SO seconds beferer *v allowing It. This prescription has sdouble action. It not only soothes sad heal* the soreness and Irritation, bat It Quickly loosens and removes the phUsns and congestion which is the real csno ?f the cough. 80 your throat to left wonderfully soothed and cleared of Irritating gatherings, you can sleep eouatly and rest fully, and the cough to -~r "y *one In a rtty short time. ? : 23.. nlun'a orw mscovery ' a remark? able remedy for coughs, chest colds, hoarseness, sore throat, spasmodic creep, bronchitis, laryngitis and bronchial a?Usma. At all good druggists. Ask for