I, A. D..1907.
LOFTIS,
rior Court,
orneys.
*
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Our County—Its Progress and Prosperity the First Duty of a Local Paper.
J. J. Manager.
BREViRD, TRANSYLVANIA COUNTY. N. C., FRIDAY. MAY 17,1907
— i
VOL. XII-NO. 20
Transylvania Lodge No. 143,
^ Knights of Pythias
Res:ular convention ev-
ery Tuesday night in Ma-
sonic Hall. Visiting
Knights are cordially in
vited to attend. T. W. WHITMIRE C. C.
Brevard Telephone Exchange.
^ hours:
Daily—7 a. m. to 10 p. m.
Sunday—8 to 10 a. m., 4 to 6 p. m.
Central Office—McMinn Block.
Professional Cords.
W. B. DUCKWOB.TH,
ATTO RN EY-AT-L AW.
Rooms 1 and 2, Pickelsimer Building.
To Provide for the Working of the Public Roads
of Transylvania County.
ZACHARY & BREESE
ATTORNEYS-AT-LAW
Offices in McMinn Block, Brevard, N. C.
GASH <a GALLOWAY,
LAWYERS.
Will practice in all the courts.
Rooms 9 and 10, McMinn Block.
D. L. ENGLISH
LAWYER
Rooms 11 and 12 McMinn Block,
BREVARD, N. C.
Miscellaneous.
THOMAS A. ALLEN, Jr.,
DENTIST.
N. C.
(Bailey Block.)
HENDERSONVILLE,
A beautiful gold crown for $4.00
and up.
Plates of all kind at reasonable
prices.
All vVork guaranteed; satisfaction
or no pay.
Teeth extracted without pain.
Will be glad to have you call and
inspect my offices, work and prices.
The JEthelwold
Brevard’s New Hotel—Modern Ap
pointments—Open all the year
The patronage of the traveling public
as well as summer tourists is solicited.
Opp. Court House, Brevard, N.C.
HOTEL mmm.
Cor. Main and Caldwell Sts.
BREVARD, N- C.
Remodeled and newly furnished.
Under management of experienced
hotel caterer. Central location, wide
verandas, livery connected. The
Best at reasonable rates. Write for
particulars.
H-I-P-A-ISr-S Tabules
Doctors find
A good prescription
For mankind
The 5-cent packet is enough tor usual occasions.
The family bottle (60 cents) contains a supply
for a year. All druggists sell them.
H. 6. BAILEY, G. E.
CORRECT SURVEYS MADE
Maps, Plots and Profiles
Plotted.
Only the finest adjnsted instrn-
ments used. Absolute accuracy.
P. O. Brevard, N. C.
The General AssemUy of North Carolina
do enact:
Section 1.—-That the Board of
County Commissioners of Transyl
vania county, shall, in order to pro
vide for the proper working and
amending the public roads of said
county of Transylvania, at their
regular meeting in June, 1907, and
at each regular annual meeting
thereafter, and it is hereby made
their duty to levy a special tax on
all property subject to taxation in
said county under the state law of
not less than ten cents nor greater
than tw^enty cents on the hundred
dollars worth of property, and not
less than thirty cents nor greater
than sixty cents on the poll, the
constitutional equation to be ob
served at all times: Said taxes to
be collected as all other taxes are,
to be kept separate in the tax books
of the county, to be set aside as a spe
cial road fund, and to be used by the
tow'nship from vchich such taxes
were collected in the maintenance,
improvement and amending the
public roads, culverts and bridges
of said township: Provided, the
sheriff or tax collector, collecting
the said taxes, shall only retain
three percentum of the amoimt col
lected of the said fund for collect
ing and paying the same over to
the overseers of the various tow?i-
ships from which said tax w’as col
lected upon order of the board of;
supervisors of said township : Pro-1
vided further, that if the citizens |
of any township so desire they shall |
have the right at each general elec- j
tion for members of the general I
assembly to elect a tax collector for |
said tow’nship, w^hose duty it shall
be to collect the taxes above pro
vided for in this act and disburse the
same according to the provisions
of this act as hereinafter set out,
said township tax collector not to
receive the said tax list until he
shall have executed a bond in the
sum of at least double the amount
of taxes to be collected by him, con
ditioned for the faithful collection
and paying over all the taxes con
tained in the said list and any dis
coveries that may be charged to
him. Said bond to be approved by
the. board of supervisors of sadd
\ tow'nship and also by the chairman
of the board of county commission
ers, which bond shall then be filed
for safe keeping w^ith the register
of deeds of Transylvania county,
said tax collector not to receive
over three per centum for collect
ing and paying over the said funds.
Sec. 2.—That all able bodied male
citizens of Transylvania county be
tween the ages of eighteen and for
ty-five years, except ministers of
the gospel, and residents of incor
porated towns, shall work , on the
public roads of the said county for
six days of nine hours each in each
and every year, at such time and
place and in such manner as may
be designated by the road overseer
of the township in w^hich said per
son may reside : Provided, that the
said township overseer shall give
to each person in his township who
is subject to road duty, at least three
days notice by personal warning or
by leaving a written or printed no
tice at the home or residence of
such person, specifying in such no
tice the time and place, when and
where, such work as is to be per
formed, and also designating in
such notice the tool or implement
with which such person shall be
required to work : Provided further,
that in case of washouts, or other
unexpected obstructions to travel,
the three days notice shall not be
necessary and any person liable to
road duty in the township in which
such obstructions to travel may oc
cur, shall, upon being properly
summoned by the said township
overseer of roads, respond to such
summons with reasonable prompt
ness, but the time put in by any
road hand in cases of emergency on
account of the obstructions to trav
el caused by freshets, washouts, or
other unforeseen obstructions, shall
not be counted as against the six
days liability to road duty provided
for in this section, but in no event
can one person be required to work
on the public roads more than ten
days in any one year: Provided
further, that any person may in
lieu of working six days on the pub-
lie roads pay to the overseer of his
towmship on or before the first day
of May in each and every year
three dollars in advance for the
succeeding year, or may on or be
fore the first day of May, August,
November and February of each
year pay to the said overseer’one
dollar and tw^enty-five cents quar
terly in advance, or may at the
time he is summoned and before
the time at which he was sum
moned to work, pay to the said
overseer the siim bl one dollar for
each day for whicii he has been
summoned to work, but the fore-
going payments shall not relieve
such person from such road duty
as may be necessary or. account of
floods, storms or other unforeseen
obstructions to the public travel:
Provided further, that any person
physically unable to work on the
public roads, may be exempted
therefrom by order of the board of
county commissioners.
Sec. 3.—That the board of super
visors of each and overy township
of Transylvania county shall meet
at some place in their respective
townships, to be designated by
them, on Saturday before the first
Monday in April, July, October and
January of each and every year
for the purpose of transacting such
road duties as is provided for in
this act, and for such meeting each
member of the board, who shall so
meet, shall be entitled to one dollar
per diem for such time as may be
necessary to transact the business
that may come before said board
concerning the public roads of their
townships, said amount to be paid
out of the public road fund of their
respective townships.
Sec. 4.—That it shall be the duty
of the said board of supervisors of
each township at their regular
meeting on Saturday before the
first Monday in April in each and
every year to elect a road overseer
for their respective townships for
the ensuing year and prescribe the
amount of bond w^hich the said
overseer shall give, conditioned for
the faithful performance of his du
ties as road overseer for said town
ship, and for the faithful collecting
and paying over all moneys which
by the provisions of this act he
shall be required to collect and pay
out, and for the faithful working
of the hands of said township who
may be placed under his charge by
the provisions of this act, or by the
order of the board of supervisors.
The amount of said bond shall in
no event be less than double the
amount of funds which the said
overseer may collect or be placed
in charge of: Provided, however,
that if the voters of any township
shall decide to elect a tow'nship tax
collector, said tax collector shall,
by \ irtne of his office, be the road
overseer for said township.
Q r A
&ec. o.—At the regular meeting
of the supervisors on Saturday be
fore the first Monday in April, the
said board shall divide up their re
spective townships into road dis
tricts, designating each district by
number and clearly specifying the
territory to be contained in each
district, giving the name of each
person subject to road duty in each
of said districts, to be spread upon
a book to be kept by them and
designated as the road docket for
said township.
Sec. 6.—That it shall be the duty
of the said overseer to take charge
of, look after and maintain all of
the public roads in the township j
^or which Ije is elected overseer,
and all such roads as may be here
after established as public roads in
his said township. He shall sum
mon the various hands allotted to
the various districts by the board
of supervisoT-s, and shall work the
said hands in the various districts
to w^hich they have been assigned
for at least six days in each and
every year beginning with the first
day of April of each year, and shall
put in such extra work as may be
come necessary on account of ob
structions to travel, caused by
storms, floods or other unforeseen
causes. He shall also hire hands,
and also -plows, scrapes or teams,
and purchase such lumber and! tim
ber as may be necessary to keep up
the public roads and bridges in his
said tow'nship with such money as
may be paid to him by the various
road hands and such money as nay
be turned over to him by order of
the board of supervisors: Provided,
the said overseer shall not receive
for his compensation more than
two dollars per day when working
five hands or more, and not more
than one dollar per day when work
ing less than five hands, but in no
event shall said road overseer re
ceive compensation as overseer
when working less than three
hands, and said overseer shall be
paid such amount for summoning
said road hands as may be allowed
by the board of supervisors of his
township, and said overseer shall
in no case expend on the public
roads of his township more money
in any one year than is collected
for said township for that year.
Sec. 7.—That the overseers of the
various townships of Transylvania
county shall meet with the board
of county commissioners of Tran
sylvania county and advise with
them as to what tools shall be need
ed for working the roads of the
various townships, and it shall be
the duty of the board of county
commissioners to order or buy said
tools, in bulk and deliver to each
tow'nship or the overseer thereof
the tools that it was decided said
township should receive, said tools
to be paid for out of the public road
funds of said township.
Sec. 8.—That all compensation
the said supervisors and the over
seers of the various townships shall
be entitled to receive for their ser
vices shall be paid to them only
after an order shall have been made
by the said board of supervisors,
and the same entered upon the
minutes of said board by the clerk
or secretary thereof.
Sec. 9.—That the said overseer
shall keep a book designating the
districts in his said township with
the name of each hand allotted
thereto, and shall mark opposite
each hand’s name the number of
days w'orked by each hand and the
dates such work was done, and
the amounts paid by such hands,
when paid and for what year, quar
ter or day ^uch amount was paid
said overseer shall keep in said
book an itemized statement of all
funds received by him for road pur
poses, to whom the same was paid,
giving name of each person and the
purpose for which the same was
paid, and shall on Saturday before
the first Monday in April, July,
October and January in each year
render to the board of supervisors
of his township a verified state
ment of all his transactions and
dealings as road overseer for the
preceding quarter, said report shall
show in detail all amounts received
by the said overseer, from whom
received, to whom paid and for
what purpose, and shall also show
which hands, if any, failed to work,
and have failed to pay according
to the provisions of this act. Said
report shall be verified by the said
overseer, and if approved by the
board of supervisors shall be spread
upon the minutes of the said board
and kept by the secretary of the
said board open for public inspec
tion, and said overseer shall also
make diligent inquiry as to what
hands in his township are subject
to road duty, and quarterly at the
beginning of each quarter furnish
the board of supervisors a list of
same, and if the said overseer shall
fail or refuse to make the report
hereinbefore specified, or furnish
the list of hands as herein provided
for, ten days after written notice
served on him by the secretary of
the board of supervisors, he shall
be guilty of a misdemeanor, and
upon conviction shall be fined and
imprisoned in the discretion of the
court, and shall be further liable to
a penalty in the sum of two hun
dred dollars, one half of which
shall go to any person suing for
the same.
Sec. 10.—That it shall be the duty
of the board of supervisors to keep
a close watch after the condition,
of the public roads of their respec
tive townships, and to diligently
supervise and inspect all the acts
and workings of the overseers of
their respective towships, requir
ing him to perform all the duties
prescribed in the preceding section
of this act, and shall through their
chairman or secretary make full
report of their proceedings and of
the workings of the overseer of
their respective townships to the
board of county commissioners of
Transylvania county on the first
Monday in April, July, October and
January of each and every year;
said chairman or secretary shall re
ceive as compensation for making
said report, one dollar, and mileage
of five cents per mile one way to the
court house, said amount to be paid
out of the township funds of said
township, and if the said chairman
or secretary shall fail to file said
report with the commissioners at
the time hereinbefore designated,
or the board of supervisors shall
fail to perform of any the duties im
posed upon /them by this act, they
shall each be guilty of a misde
meanor, and upon conviction shall
be fined and imprisoned in the dis
cretion of the court, and said
supervisors shall be liable for all
damage that may be caused on ac
count of their failure to keep the
public roads in their townships in
good condition.
Sec. 11.—That if any J)erson lia
ble to road duty under the ]) o-
visions of this act, shall, after hav
ing been duly summoned, fail and
refused to work on the public
roads in the district to which he
has been assigned by the board of
supervisors, and shall have failed to
pay for his time as hereinbefore pro
vided, he shall be guilty of a inis-
Ck>ntinued on page 8.
if