Friday, Aug. 2, 1935.
MANY CHANGES
INIOCAI, LAWS
PASS IN RFV1FW
Last Session Notable One
From Recent Comprehensive
Survey
By: Horry Brandis. Jr., Dillnrd S.
Q.-rdnrr. T. N. G'icr.
the amount of taxes involved is, in i
th ir opini n, too small to justify
t ;e cost involved in the foreclosure 1
proceeding.
? GAS, I
I OIL, I
-J- All Accessories for |
? Your Car X
iDrive in and let us ser-t
|vice your car with those?
| Good Gulf Products |
|'"SERVICE WITH A f
I SMILE" I
| MURPHY SERVICE \
I STATION \
| A. J. Hembree, Prop. |
Foil win? a practice inaugurated
in 1933 Th Institute ?f Gov.rnment
pr se: ts h re with, tor the .onvei:
ience of I cal official- and the
press, a summary of th new* local
.:?\v- : feet., ir Cherokee ' unty. ;*s
<tie-, towns. subd. visions ;r.?i c?t:?
z lis. Of i uvse .many general law.i'?s.?
affect th County, but space
PHB88^*>'"W?WBHPHS|5HHh aiunmar.
ize M. A summary thes jren<
: al. -wide I ?v> may be found I
i thHh'-iv-June issue cf Popular |
Gove nnii' f. Th * Institute's ma-a- ;
L . T. - summ.iy fo: the (' it tty ,
v U !-.: ' only s*r:c!I\ i >cai laws
end go vera! laws from which the
inty r soma part of th. C
i -peci ticaliy excepted. No attem.
p will b made t?? include bids whi h
were intiodu. d but never became
la.
f. LAWS AFFIh TING THE EXTIRE
C UN TV.
A. Tax Laws.
i. Chapter 2<55. PuU e-Locul La.vs
validates all -ales held a:: 1 tax c rt;ficati--ued
l?\ the County or any
n. :ni'vap i y in the t jn:v t r the
yeai s 1. _ 7 1 i?t:?. It e..*e d? to Octol
; 1. i: ". th tint? within which
t ! e -tires suit- may be instil
ut 1 f" taxes <!u ill 19-'7.11'22.
\Vh"r sui i tax f rcclosures had al,
, lv bee:. instituted, but mmous
id iu>l ? t*i? sen ii. either by personal
service or publicat: n. or
a'iiis of pluties summons
ha'! not eon issu d at :he proper
time. ihe Chapter allows until Octl.
1935, to perfect - vices f
s-iiii,,,' . in whatever i.nann r may
be ivci'. y. I" also validate'- such
stM* < - <d imnvws as ha?? air ady
bee made at im; i p?r times, ant.
pr ?t - i? all such : reclosure
suits should ho overn ?1 b>
t e laws in force at the time such
s iit.- were instituted. ?T the ext
nt ii...t this : revision minrht iutho.
:;/.< taxing? as costs any attorney's
fi- t*y.-eeciir.tr $2.50 it was probably
r jieated by a su sequer tly pas>ed
geneini law). Finally, the Chtpter
I r vides that w.. . re tax c rtiticatehave
i. t been sold f >r 1927-1933
taxes, the\ may be sold ?>n the first
Monday of a y m nth before July
1. 193.".
2. Mous Bill 1035, ratified May
10, 1925, canceled all unpaid penalti
and .nterest on tax -ale certifi- j
rates for 1927-1932 taxes held by '
the C*oun':y o its municipaliti s.|
..'ever, an;, costs incurred in tax
1 are pr<?eei nin^r.- we'-e nv?t
t s.Jice! Wker.
s i. owned by s mesone other than ;
l -e C' 1.1 y ' . a mu: ivi; alky, the
taxpayer is allow d to red em his
I-.,pelt; l-y y:::g t the cer?:fi.n;
h I,lor the mount the latter pa;'. r
th . 'rtificat . any expenses incurred
by him, ami C, interest S cli
I lynicnt- imm' be made to the . r.
t.ficate hnlil i prior to f iSclosur .
All provisions of the Chapter so fay
menti >ned must be taken advant .gr
of by the tax; ay r by paying the 1
< rtifieates (,n or before Sept. 1.
1'I35. Finally the Chapter authorize'
governing auth titi s holding eerti.
fir. res to refuse to foreclose
i Murphy, North Carolii
;tate." :h ;t Valleytown has boti
oid and railroad binds. The Bil
xpressly would not authorize as
sumption of any part of thes. debt
vit ut a-sumi tior f all of them
3nct. the election has been held. r.
The Cherokee Scout
B. Election Law*.
1. Senate Bill 492 divided th t
County in>a 3 districts from each of
? whi h ?"e County Commissi mer is .
it nominated and elected, sol y ,
by the vaters of the district. The ^
three districts ar : 1?Yalleytown E
Township; 2 ? Tom??tla Precinct. }
Muphy. X "th nd South Ward-, and j
Brasst wn, Peachtre and Burnt j
Meeting House Precincts; 3? siH , t
other pr cinets. *
2. Chapter 4-I4. Public Laws, i
limits the rrivileg f absentee vot- c
n_ o Federal a id State mpU Vv-es
..ecessarlly absent from the C unty a
.p the discharge ??: their duties. Th f
t i apter applies ? nly to voting for t
unty fficeis, in.imling members 1
<?l the House of R preventatives, but *
; applicable to both primaries and
jeneral elections. M
3. Senate Bill 601 rep a led Chap- *'
1 ter 470, Public-L cal Laws of 11*27. *
J which 1 lowed one official marker *
b- appointed by the Republican c
1 u'Mnpi LieciiOi.s and one by the *
_ri-1litr ?. t>eiii c# lie -Judge. 14) l1
a.'ter 4*?1 Public Laws. * xempts
:.?k e from that part of the gen. r
ral election laws which provides fori ^
n TU??? to Vftlor* - iir nffirial nt^r. ?
kers. The Chapter provides that in
t hi kee when an elect i requests 1
- stance in marking his ball >: the (
R gisirar shall require him t take ^
oath or affirmation thai: he is un- F
aMt to read or wit. or. y reason f
! hys cal infirmity or some ther t
good reason, is unable to mark his ,,
allot. If th oath or affirmation t
; satisfactory t the Registrar th-?. ?;
tiie Registrar may assist the elector c
oi may appoint a poll holder if th- f
i vuiaui j ui ty as me elector tl
to assist the elector in marking his
-Hot. The Cha|t r a Is authorizes
each Registrar t appoint as many |
clerks or assistants as ht deems f,
necessary. not \ceedinr one for
each i:?0 qualnieu voters in the pre- I
ci c".. to perform the duties assigned si
by the R pristrar; hut no such clerk _
o* assistant is all wed to g-o in the a
v t injr bojth with the voter or to 8]'
;,i\e a voter an assistance in preparing
a bil!o~? fm 9 C.
Assumption cf Township and
District Debts by County. (j
House Hill 1'tis authorizes Ch ro. * ,
ket (' nnty to as>ume tin bonded
i iehtedncs- of certain townships i
ami a lvai district i: such assump- A
. app oved by th. v ters at a B
special el- etion culled t ? decide the c
nuestion. The townships and dis- C
tri t li>ted in the Bill ar Valley- f
town and Marble Road District
Mui; hy, X >tla, Shoal Creek, Beav r. -1
dam and H thousc, and the Bill |
I y
Kgoocf Ci
neec/s
And th:
Chesterfie!
one again
much of
another.
i w t 1<u
the right
tobacco ?
land and
It is thi
that ma
and
Q 1935, Liggett & Myers Tobacco Co.
iction to contest :l vaiumy mi) o
K.ujrht unless brought within 3i
icy- aft r publication of the elect
r. results. I- the !* :.ds ait? ssum
y the C unty the Commissi n r:
ire eni. wered to adjust and setti
md refund the fc nds ??n any bas'.:
?n wiii. an agre men: may Ilea,
h d with the bondholders The;
ire also authorized t i.-e certaii
7 aunty funds t purchase bonds
h market which are in default, a
ea>t - to interest. In cwni.t ho.
vith any refunding plan, the Com
-s: ners m.-.v 1: xperts to assis
hem a. ' : a\ : ?.h ixp*r -i :n
mount a ?-""ved h\ Lop??l v" '
! ment Conunuaivn, The Bill >21
ains nunier us other provisions c-n
rnir.g the conduct of the ' j *:i
.i l tliv; i any rcfu-'uiiij
lan.
D. Laws Affecting Appoint
ert, Compcnsa'ion or Duties o
*ounty Officers.
i 1J Chapter 163 Public-Iocs!
r vide- that W. T. Moore shal
erve out his unexpired t rm on th<
unty Tax C -mmission and ap
ointed J. W. McMillan and W. \X
larton to serve on the Commisioi
or 4 years from Decemb r 1. 11*33
he last ramtd to serve out the un
x pi red term of Walter Anders >n
esigncd. The Chapt r also piovide?
hat the Register of Deeds shall re
eive not nior than $1000 pet ycdj
>1 his services in the preparation o
he tax books and receipts.
<2) Chapter 203, Public Laws, ap
Vi .,,.;nn i, r
ntvu *4?v 1VII 'H1IIK UUSLILO Ul tIM
eace for Cherokee, each to servi
tn- <? years: Not la Township?J. W
[ilpatrick; Beav-rdam Township?
. S. G. Phillips; Shoal Creek Town
hip?Ijon Raper; Murphy Townshij
-S. D. Akin, J. D. Alall >nee, Jr.
<! J. W. Otlell; Valleytown Town
hip?J H. Bryson ami \Y. W. Ashe
<3) Chapter 296, Public Laws
ppointed Fr d Martin, W. S. Dick
y and R. H. King to serve on tin
ounty Board of Education, eaci
or two years.
(1) Chapter 14S, i*ublie-Loca
aus. app inted Harve Mhitaker o
kndr us. Tom King of Ranker am
lascomb Carroll of Murphy to sue
eed th m.selves as the County Jurj
ommission and serve for 2 ye .1:
rom March 10, 1935. It was j1s<
no v ides that in March 46 instead
0, qualified jurors he drawn, fron
hich a grand jury is to be selects
?.
1
igarette, too
7? /
t ??
it's why the tobaccos in
Id are carefully balanced
st the other . . . not too
one ? not too little of
te the right amounts of
kinds of four types of
- Bright, Burley, MaryTurkish.
'5 balancing of tobaccos
ikes Chesterfields milder
ikes them taste better.
la
1 at the April term, the remainder to
I serve as p tit jurors for the first
- w ek of thit term.
3 (5) Hou< Bill 13 5*? uuthonz?;
n\ duly appointed and qualified
* deputy sheriff in <*h rokee to se*-ve
in th. Sheriffs stead in laying >ut a
* hmesteai. (0) Chapter 259, Pub
lie.Local Laws, authorizes the Coun
y Commissioners, in th ir discretion
t? relieve x-Sheriff N. \V. Aberna.
ox" liability for money recited to
s : have b en "lost in the failure if
anks in which th. Commissioners
lequired him t_> deposit funds. The
i preamble to the Chapter stat s that
i the amount invloved is $1535.
t 1 E. Game Laws.
. j tl) and (2) Chapter Id", Public
- iav-. a-* mended by Chapter 238,
* Public Laws, fix d special game
i ea- ns in 9 western counties?
- ...m.ly. Buncombe, Cherokee ,C,lay,
- Giaham. Hay wo d, Henderson. Jack
so . Swain and Transylvania. Th
i seasons fixed are as follows: squir?
el Sept. 15 ts Dee. 15; rabbit r
Nov. 2' to Feb. 1 ; quail Nov. 20 to
- 1 f?x? y-Jf rounti open seas n
f I hunting fox s with dogs only,
and no change in seasons for o.her
, ! t\p.s of fox hu-.ting. The Chapt r
1 al?o m sies ;t a misdemeanor, in
ihese C ?.unties, ] unishable by not
_ ni"ie than $50 line or 30 days in
j&il, to sell squirrel to any hotel,
' st urant l other buv.-r .fn?* riio I
irarkct or otherwise. In so far as
these game regulations may be in
; conflict with the g>nerl gam. law
i (Cnapter 486, Public Laws), sub.
[i -equently passed, they are probably
I. repeal <1.
} i Chapter 2s, Public Laws, ap!
Il.abL or.ly to Cherokee, extended
- ie s ..sou for hunting quail and rab'
. its Feb. 20, applicable in 1935
nlv. <4) House Bill 734 makes it
. . misde meanor ,punishable by not
- exceeding $50 or 30 days, to tak
ish in any manner, either by rod,
' seine, gig, trap or by shooting of
dynamite, in Shuler*s Cretk or any
:* its tributaries within 2 y a*s af.
ter passage of the Chapter. (5)
.i use Bill 1336 continues in fleet
the prohibition against fishing with
trot line or basket and snooting
? suck.r. carp and led horse fish in
the Valley River so far . s that part
. ih River above Andrews is coivf
. err.ed, but pel mils such fishing beI
I w the Town.
F. Other Law*.
(1) Chapter 25, Public Laws.
^ v.hich applies to Cherokee, Graham,
j-1 Haywood and Madison Counti s,
II i rovides that when the records of
[i 1 ? y couit hav. been burnt, lost, des,.
2fr TMSw !
" i
111IIHBUy n 11 3 :
-<- iiQinnrnnniMtjaggfr^ | MH
crficld.. . the cigarette thats .
field.. . the cigarette that TAi
B
tr >yed or stolen, and a copy of anj I
part of such records is in xistence.
duly certified by a former cleik oi I
tnc court (with or without s alt,
the clerk of any court shall, upon I
resentation of such crt Tied copy R
and the payment of hi3 lawful fees. B
r.cord the copy upon the minutes or R
records of the court The recrd so a
made is givtn the same e and lit
el feet <rs the original re. 's. e Is
c rtitied copy from whi h record *
is os mad., on file in or c- titutine
r. part of the records ; . 'other S
court, is to b. turned to the court IS
from which it came and need n t re- K
m:in in the custody of t'n- clerk re.
cording it. S
(2) Chapt r 49, Public Laws, in. IK
ease the permisable puni. men*. p
for public drunkenness in Cherokee Is
to r.ot nror. than $50 or :;n days, |*
arid at thorizes Justices : f Mayors w
to sentence pris ners for these %f. p
.ensts to 30 days on the Stat toads, y
requiring the Highway ' mission 31
t,. accent tVffl. (3) Cha; i. 004, I
Public Laws, places the t ames of B
Mrs. Quincy Whitak r a '1 Mrs. S
C cm ntir.a Phillips Pie ce 011 the ]|
Confederate widows' p. n toll, J
-ubject to apfffava! by th State and j=>
L r.erokce Boards 01 Pens ij;
(4) Chapter 92, Fub.i. Laws. ;pplying
to Cherokee
vii a ii am H
Counties, pr vides that when it ap. W
pears from the records in the office nf
? i the Register ot Deeds that any If"
instrument allowed by law b re. t;
corded has bten registered :;?;or to %
Jan. 1, 1920, without or with relective
probat , acknowledgement, |
rrcjf, privy, examination, adjudic*- B
ion and ordtd of registration, such E
insttument may neverthel s> be read fe
in evidence in any court if th rwise B
compet nt The Chapter does not E-apply
to creditors and pur >ers for
value or to pending suits j|
(5) Cherokee, along with some |
twe.lty-cight other counties, is ex- jg
ceptid from the provisions of Chap, g
ter 362, Public Laws, which pro- B
?des that, beginning with the terms B
of those lected in tht general elect- |
ion of 1936 Registers of P.eds shall I
serve for four instead f two years. B
II. LAWS AFFECTING TOWNS I
IN CHEROKEE %
A. Murphy. p
Chapter 155. Private Laws, r de- fl
fined the boundaries of th; Town,
he recited purpose b ing to exclude B
- ?me territory included in 1911 E
which has never rec ived any bene- H
fits from being included ir. the cor.
pomte limits. B
E. Andrews. I
Chapter 80, Private Laws
Continued on hack page R
D
1 I
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