-• \
A.
fh' ■■ - -*.5:
ifr3iaa«‘^gflg^feeeggg
'■ ^,‘y ■ ,r ■ ->r-- '•■
IN TRANSyilAMA OMlin
■ ,4 ggj^waagigag^^
. ■ ■ ■ ',. I' '■
•I u
^ i " V- 'r.
' * .-■ '• -’• - r .- >
i r i / -
^^i^v'-^/I
MhiM
Ip—
A HOME PAI»ijR FOR HOME PEOPIiE-AXj;- HOME PRINT
muME-xyiii
BfiEVARl), NOBTH CAROLINA. FBIDAT. MABCH 14. 1913.
"EmK
11
THE lEGOaOEIS CeOIT
P • '■
H. H. 393.
8.B. 414.
An act to establish a reoorder's
court in the town of BreTard, and
the connty of Transylvania, and
to prescribe the jurisdiction thereof.
The General Asaembly of jVd^ Carolina
(Ao enact: y
Section 1. A special conrt for
the trial of petty misdemeanors
committed in the connty of Tran
sylvania, and to be designated as
the-recoi^er’s conrt of Transylva
nia county is hereby created and
established. V
8ec. 2. The said court sh^ll be
a court of record and shall be pre
sided over by a recorder, who shall
be a qualified voter of Transylva
nia connty, and a man of good
moral character, and a licensed at
torney at law. ^
Sec. 3. That the reoorder herein
provided for shall hold office until
the next general election, when, his
successor shall be elected by the
qualified vote^ of Transylvania
connty in the same manner and at
the same time the county and town
ship officers are elected for a term
of two years.
Sec. 4. The county commission
ers of Transylvania county shall on
the first Monday in April, nineteen
hundred and thirteen, elect a re
corder who shall before entering
upon the duties of his office, take
and subscribe an oath before the
clerk of the superior court as is.
provided for judges of the superior
conrt: Provided, that if.for any
cause the commissioners aforesaid
do. not hold a meeting on the first
Monday in April, 1913, as above re
ferred to,*fhen they shall elect a
recorder at thmr next meeting.
And. provided further, that if the
person elected by the commission
ers as said reoorder shall fail to
qualify within ten days after his
eIe(^on, the commissioners shall
proceed to elect another with the
qualifications as herein provided
until the recorder so elected ‘has
qualified as provided in this apt.
Sec. 5. The said court shall be
held in thfe court housQ of Transyl
vania county on Monday of each
week, or oftener if necessary, ex
cept when superior court .^hall be in
session in said connty, during
which time the session of said re
corder’s conrt shall be held at such
place as shall be provided by the
board of commissioners of Transyl
vania county; and it is hereby
made ,the< duty of said board of
commissioners to provide a suitable'
place for the holding of said court
during the term of the superior
court of Transylvavia county.
Sec. 6. Said court shall have a
seal*with the impression “Record
er’s Court of Transylvania County, ”
which seal shall used in the at
testation of writs, warrants or
other proceedi^Qgs, acts of judg
ments of said court, whenever re
quired, and in the same manner
and to the same effect as the seal
of other courts of record in the
state of North Carolina.
Sec., 7. The clerk of the superior
court of Transylvania county shall
be the clerk of the recorder’s court,
and shall receive such fees as here
inafter provided.
Sec. 8. The jurisdiction of said
court shall be as follows:
(a) Said'Court shall have final
concurrent original jurisdiction of
all criminal offenses committed
within the county of Transylvania,
and without the toWn of Brevard,
which are now, or may hereafter
be, within the jurisdiction of jus
tices of the peace.
(b) Said court, in^addi'tion to the
jnri^iction conferred in section
*‘a” of this action shall have final,
exclusive original jurisdiction of
the following; criminal offenses, to-
wit: Carrying conwale.l weapons,
gaming, gambling, keeping gam
bling houses, disoMeriy houses,
larceny of and receiving stolen
goods, knowing them to be stolen,
where the value of the property
stolen does not exceed twenty dol
lars, or failure to list taxes, assault
and battery with a deadly weapon,
or when serious damage is done,
fornication and adultery, abandon
ment. failure to provide adequate
support, cruelty to animals, mali
cious injnry to real or {lersonal
property, trespassing on land after
having been forbidden, forcible
trespass, enticing servants to leave
masters, indecent exposure of per
son, retailing spiritnons liquors
without license, selling or giving
away sp! ’ ‘ ^’'|nor.« to n’fnors.
illicit unlaccore oi; hqnors, ob^
taining advances by false pretense,
disposing uf mortgaged property,
all crimes agftinsfe pnblio health as
contained lit the Bevisal of one
thoQMad nine hnodfed and five,
from ■ectlon three fhopsand four
hnndred and fof^-two to three
thousand four hwidfed and forty-'
eight inelni^e, Whlolt are above
the lotflfdiollon ftm )nstloet<if
the peade, al9 nciiiAeinewMnv ai con
tained in oha|ltw'eighty-<«e of ihe
BevlMil of ofkd ih^iiiaiHi nine him-
dred and five, or any act amenda
tory therrof where the punishment
does not exceed a fine of> two bun
dred dollars or imprisonment of
one year and which are s.bove the
jnri^iction of justices of the peace,
and all crimes which a< common
law are misdemeanors wherein the
punishment is within the discretion
of the court, and all such crimes
hereinbefore enumerated are here
by declared by this act to be petty
misdemeanors, and the punishment
thereof be as now prescribed by
law.
(c) In any other criminal matters
wherein said court has not final
jurisdiction, it shall have power
and is* hereby fully authorized to
hear and to bind over to the proper
court all persons charged with any
crime comm<itted within Transyl
vania cohnty, whereof the prelimi
nary investigation is now coirferred
on justices of the peace, and to
render such judgment in such mat
ters as now provided by law: Pro
vided, that in any case where prdse-
cotion has been commenced prior
to the ratification of this act, the
court in which said prosecntion has
oeen instituted shall have jurisdic
tion thereof, and any and all such
cases heard by the recorder of the
(?ourt established by this act as
committing magistrates against
any person or persons for any
offense whereof said court herein
established has not jurisdiction in
which cas€i probable cause of guilt
if found, such person or persons so
charged shall be bound in bond or
recognizance with sufficient surety
if the crime* be bailable under the
law, to appear at the next term of
the superior court of Transylvania
county, and in default oil such bond
or recognizance such person or per
sons shall be committed to the
common jail of Transylvania conn
ty to await trial as aforesaid; if the
crime be not bailable, then to com
mit the defendant so charged to the
common jail of Transylvania coun
ty to await the action of the Supe
rior court thereof.
(d) Said recordeSf shall have all
the powers and' jurisdiction and
authority now conferred upon jus
tices of the peace or the Suuperior
court of Transylvania county, to
sentence any person convicted in
said 'court for which the punish
ment prescribed by law is impris
onment, to be worked on the public
roads of-Transylvania county, and
and the clerk of^the mid court shall
issue commitments thereof in the
same manner as now provided by
law for clerks of the Superior court.
(e) Warrants may be issued by
the recorder of said court for any
person or perapns charged with the
commission of any criminal offenses
of which said court has jurisdic
tion, and ^ny i>er8on convicted in
said court shall have the right to
appeal to thd’ Superior court of
T^nsylvania county, and upon
such appeal the trial shall be de
novo.
(f) The said recorder’s court
shall have jurisdiction of any and
all criminal offenses committ^ be
fore the ratiQcation of this act and
of which'no court has taken juris-'
diction. '
(gJ-The said court shall have
jurisdiction to issue search war
rants and peabe warrants in all
cases now provided by law. Jury
trials shall be had in the same man
ner as is now provided before jus
tices of the peace.
Sec. 9. The cost of serving war
rants, subpoenas and other pro
cesses issued by said recorder’s
C3urt shall be the same as now
fixed by law and to be paid to the
officer perfoxjning such services.-
The fees for issuing the warrants,
subpoenas for witnesses, and for
making up bills of cost, and for
any other process or writ issued
by said court or servic^ performed
by said ^clerk for which a fee is
now prescribed by law, shall be
the same as now fixed by law for
clerks of the superior conrt in siq^i-
lar cases; and every defendant con
victed, adjudged guilty, or who
pleads gnilty, in said court shall be
taxed with the cost of the prosecu
tion, as now prescribed by law; all
such costs recovered and collected
in said conrt, except costs due to
the recorder, clerk, sheriff, con
stable. or justices of the peace,
shall be paid on the first Monday in
each month by the clerk of said
court to*the treasurer at Transyl
vania connty, who shall keep a
separate account thereof, and wh6
shall report to the board of county
commisrioners of Transylvania
r*r*nnty at their frsft meeting in
tMkOh month the amount paid him
by such clerk.
Sec. 10. The warrapts, subpoe
nas and other .prooessea issiMdhy
said reoorder's oo«rt shall be di
rected to ttm sheriff or other lawful
officer of TransylvMiia ooqnty, and
the servioe thereof shal}. bp law-
fully made when made by wi lOier-
Iff of satit county, or_ any tioBitiible
of said 6oimty,jaiid Mid wmmmi
sAbpoew, and other, prabesess of
«a|d fonrt when attMted )>y th»
iff said oovrt
jr . < ^ y ^
V
where in the state of North Caro
lina, and shall \Jt>e executed by all
officers according to law.
Sec. 11. Whenever any person
is convicted of any offense of which
said court has jhrisdiction and the
punishment imposed is a fine or
imprisonment and costs, the. re
corder shall sentence the defend
ant to be worked upon the public
roads of Transylvania county until
such sentence has been complied
with, and the elerk of the said
conrt shall issue commitment of
the defendant in accordance with
the judgment of ^id cpnrt.
S^. 12. The recorder shall pre
side over said court, try and deter
mine all actions coming before him,
the jurisdiction of which is con
ferred by this act, and in all cases
where there shall be a right to ap-
p^l on the part of the defendant
adjudged guilty, to the ensuing
term of the superior court of said
county, and in all such cases of ap
peal the bond of the defendant
shall be fixed by the recorder, and
upon the failure 6f the defendant
to give such bond as is required,
then he shall be committed to the
common jail of the county until
released according to law.
Sec. 13. The clerk of the record
er’s court shall provide a perma
nent docket for recording all the
procjesses issued by said court,
which shall conform to the docket
kept by the clerk of the Superior
court. He shall also provide proper
files to properly keep records of all
cases which shall be dispose/d eft in
the said court, and what disposition
has been made of them.
Sec 14. No cases which are
pending in the Snj^rior raart of
Transylvania county at the time
this act goes into effect shall be
transferr^ to the recorder’s court,
but the same shall be disposed of
in that courtsHnd all cases pend
ing before the justices of the peace
of Transylvania county shall be
tried and disposed of before said
justices of the peace in accordance
with the law as it existed at the
time of the ratification of this act.
Sec. 15. The recorder of said
court shall not, by virtue of his
office as recorder, be prevented
from practicing law in the several
courts of the state in matters
which have not been heard or will
not be heard by him as recorder.
Sec. 16. The said recorder may
be removed from office by the
connty commissioners of Transyl-
vai.ia connty after hearing and no
tice given said recorder whose re
moval is being investigated hpon
proof of immorality and continue
neglect of the duties of his office;
and if the said recorder is removed,
or in case of vacancy in s^id office,
or in case the person elected as
recorder, as provided for in this
act, fails to qualify, his successor
shall be elected by the county com
missioners of Transylvania county
for the upexpired term.
Sec. 17. All justices of the peace
of Transylvania county shall have
the same jurisdiction as heretofore
to issue Warrants in criminal cases,
but in cases where they have not
exclusive jurisdiction, the same
shall be returnable to and triable
by the recorder’s court, and no
A DANCEMtS BOOK
There is a.book which h^
been received in this town of snqh
a character that the writer feels
compelled to beg all of his kin, all
his Southern friends and acquain-
Continued on page 6.
SOME SHOES
tances to avoid as an unclean thing
a manufactured thing against the
fair name of Western North Caro
lina. In fact it is a tissue of lies
without foundation anywhere in
this mountain section,' no ifistance
existing as far as he knows, cover
ing a knowledge of this country
extending since the war.
The blackest abolitionist he ever
met never could have conceived it,
and the worst enemy of this section
had to dive down deep into the
nurlieus of Hades to have attrib
uted it to us.
I would ask all Ndrthlfemers who
live here or elsewhere to avoid it.
None of them in their knowledge
of us have met with anything that
in the least degree suggests it.
The scene of the book is supposed
to be laid between Asheville and
the Swnnnanoa tunnel, and, famil
iar as the writer is with that whole
section, he has never known of a
white man to live openly with a
negro, much less to marry on^,
This country is particularly free
from all such. The language of
the bpok covers up much of the
thread of it;* but the
story is, putting it mMly saI can,
that there was a sul^titution of
babies between a man’s wife and
the house nurse. This substitution
existed until their majority when
the situation was exposed, and then
a woman of refined character fol
lows the wilholm white man, whose
sense of the horrible conditions
make him abandon his country and
insist upon marriage.
The nages given to the blacks
and whites before the war are only
next t6 “Uncle Tom’s Cabin” in its
exaggerations and outright lies.
Did any man in this section ever
hear of tossing a Northern man off
the trestle near Asheville by any
Ku Klux or other party of men ?
The whole thin^, while making
no apology for Aiiscegenation, yet
directly advocates it. This book
should be shunned as an tm^*lean
thing. Simplicity.
CARD QF THANKS
I am taking this opportunity to
express my appreciation for the
kindness shown me by my many
friends during my wife’s illness.
J. K Lance.
DEATH OF MRS. ALICE POWELL
On page two of this issue we are
carrying an interesting advertise
ment./ Mr. O. L. Erwin makes a
few statements in regard to his
well known line of Star Brand
shoes. He says that by actual
count he has 4,055 pairs of shoes
now in his store. This is possibly
the biggest line of shoes ever
shown this side of Asheville, and
it is quite doubtful if any store in
Asheville can make as large a
showing at this time. In addition
to this big linqihe is expecting sev
eral dozen cases of shoes at any
time, and tiiese will be placed on
sale within a few days.
Although these shoes are all very
handsome, Mr. Erwin, did not buy
them for omaznenta; although thejL
are very servicable. he cannot^ use
them all himself. ^ rewo^ for
buying them is very simple. He
bought them to seB, and this is
what he int^ds d<^ng, only add
ing a ve^. mcidest {urofit for the
sake of his elerks.
Bead has aiv^rtliement fnd go
iuid examine hl& itiie of Aoea.
WImh tha elml mt Am ioi&^
the tiliroatlnmiB yoa ha^ iadlgea-
tkm and yon n#Bd tEiafOlTB BSD
ZLIVSBlSGKTIii^IOSto
of the diadigeetedfoeli, ilseeetiiaiw
the ^ystfm. and parflfea ^km hvmllBJ
Pfieei, large angt
85e. @cAd hj Bi M, '
The death angel wended its way
to the home of Mr. John Powell on
February 29 and A)ok the spirit of
Mrs. Alice Powell to mansions of
liglit, leaving her husband and five
children to mourn their loss.
Mrs. Powell was a kind and lov-
' «
ing \Ktife and mother, lending a
helping hand in sickness and pleased
to make the burden of affiiction
lighter on all that came under her
care. She was a faithful member
of the Oak Grove Baptist church
for a' number of years. The be
reaved fapiily have the sympathy
of the entire community.
May the allwise Creator ever
vmlk by the father and enable him
to raise the children to be a walk-
ix^ example of kindness and Chris
tianity planted by a kind and lov
ing wife and mother, is the sincere
wish of the writer of this article.
T. S. MoKiirirA.
March 10,1913.
DEATH iF MtS. EVELHIE fiiLLESPIE
After several weeks of intense
suffering from a stroke of paralysis
Mrs. EveiiBe QiHe^iie waa oalled
from this world to meet her Siyior
and loved ones Jasoary SI,
1913, at the home of Wi^m Gil-
iMI^,
The deeoased was bom Deeeaher
97, 18S7. a»d WM a danMw <if
HelSe Slnlai#^ Timo
■trotiwra -alstani |MS0adta|^
'Iter iat dsatli, 'wldle five aMiMi
rei^im im .Vvalt^for IIm sdiilamn,
In 1864 she was united in mar
riage to McDowell Gillespie, a well
known and honored citizen of the
Badfc Fork vcommtmity. To
nnioV were added three daughters
and si^i^ns, all of whom are living.
She was converted under the
ministry of Rev. Joe Blythe in
1861 and joined Zion Baptist church,
later moving her membership to
East Fork Baptist chnrch, where it
remained until the time of her
death.
I
Mrs. Gillespie was a specimen of
true- womanhood—calm, earnest
And true to her con victions. Those
who met her were impressed with
the peaceful, pleasant expression
of her countenance, which told in
its silent way. that Christ was reign.*
ing in her heart. Like the psalm
ist it was a pleasure to her to be
in the house of the Lord. Her last
words were expressions of joy that
she was nearing the celesti^city
where «he should ever be with the
Lord. May the sweetness of her
character and the simplicity of her
faith be a benediction unto children
and many friends. Truly she will
be missed in the chnrch and com
munity. In behalf of East Fork
Baptist church her pastor extends
deep sympathy to -the bereaved
ones.
The body was laid to rest beside
her husband’s in the Gillespie ceme
tery.
0 lend me the faith of wings to rise
And then I’ll fly away.
Mark R. Osborne.
DeAtH of MRS. J. L UNCE
Mrs. J. L. Lance of the Cherry-
field section of this county died on
the 28th of February, 1913. Pneu
monia had fastened its grip so
tightly that it forbade the skill of
the physician and the attention and
care of loved ones to loosen its
hold. She was kind and gentle,
true hearted, and best of all a
Christian, She gave conclusive
evidence of her faith in Christ and
her willingness to die. There are
aching hearts, an inseparable loss
in a home, caused by the dispensa-
iion of providence, but He will
temper the wind and give grace
sufficient for all if asked. Yes, she
is gone hence; to the bereaved one^
earth is less attractive and heaven
more inviting. May the near and
dear friends enjoy abundant sup
ply of the sustaining grace of God.
The funeral services were con
ducted at Catheys .Creek Baptist
church, by Rev. C. C. Duckworth
Sunday, March 2. The pall bearers
were Mr. Bird, C. Anders, Eugene
Southern, Mitch Gillespie, Van
Waldrop, Joe Whitmire. ,
Her body was followed to the
cemetery by a large concourse of
sorrowing friends.
A Friend.
JUROR DRAWN
ai-1
The county commissioners at a
meeting held recently drew the
jury for the April term of court,
which commences on Monday,
March 31. The following were the
names drawn:
First week—W. M. Brown, B. A.
Frady. W. D. Lance, R. M. Ghillo-
way, J. D. Smith,* P. E. Alexander,
G. G. Ballard, L. A. Johnsoh, J. R.
2kchary, John H. Cox, Z. A- Nich
olson. T. li. Gash, J. C. Bagwell,
E. D. Reid, S. M. Macfie, Amerious
Heath, J. R. Tinsley, J. H. Osteen,
L. M. Gla»ner, R. E. Patton, T. T.
Loftis, W. L. MuU, W. A. Whit
mire, C. C. Patton, S. V. Brown,
J. Brown, I. 8. Fisher, W. V. Bry
son, Cleveland Reece, B. P. Merreil,
J. R. Glasener, L. W. Dnncan, M.
R. Cora, P. R. Ayrea, T. Q. MesreU,
W. P. McGkha, A. C. Lyday, C. W.
TkUey, A. G. Iiandroth, E. W. Rax-
ter, O. J. Morgan, John O^n, Jr.
Seo<»id week-^. W. Whitmiiv,
S. O. Shipman, J. E. White, J.
GaIlow»y,.€. L. Morrii; M. S. Shl|K
nua, 0. V. Sommey, A. Hunfl-^
ton, S. A. HiMith, Geoxiie Bishop,
J. L. Hawkiiia, k WMt qaadenon,
R. Oiraa, K. E. Imltkvll Bat
aan, T. T. Iffllsr, Ja.
Hk ItaMhgr. 8. H.
«| 3. 1.
- - -
■f'i
%
: I
.A
•f-1