-• \ 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 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 commer8on 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