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Fhe Transylvania Times
FASTEST GROWING WEEKLY NEWSPAPER IN NORTH CAROLINA
BREVARD, NORTH CAROLINA, THURSDAY, MARCH 10, 1932
SUBSCRIPTION PRICE: $1.00 PER YEAR
bylvania tax penalty retained
mlesr [Hlet
Five Character Portraits of the World’s
Most Famous Baby
IIM IHNIII^COUNTY HAS
NO AUTHORITY
TO RESCIND IT
G. T. Lyda, New Tax Su-
pervisor, Appoints
List Takers
BOARD TRANSFERS
ITEM OF SALARY
KlffiEY GIYES jJaps Ask Envoys
STATE POLICY
AS TO banks;
Suits Not Pressed Against |
Note-Givers Who Are !
Making Payments j
Declaring- that it is not the pol
icy of the state banking depart
ment to bring legal action against
those who are paying or niaking
an effort to meet their obligations
to the closed Brevard Banking
company, Pat Kimzey, attorney
for the liquidating agent here
made public the attitude of the
state banking department with
reference to its liquidation of the
bank’s affairs, when asked yester
day concerning a number of suits
which have recently been started
against parties owing notes t o
the closed Brevard bank.
“It is not the policy of the
banking department to bring le
gal action against any parties who
are regularly curtailing their
notes, nor seemingly make an ef
fort to do so, but in view of the
fact that many parties who owed
the Brevard Banking company at
the time it closed have not paid
anything on their notes, nor seem-
ingly made any effort to do so,
the banking department has re-
-quested that legal action be
taken against those who are not
making any effort to pay their
'notes,” Mr. Kimzey said.
“The depositors of the Brevard
Banking company are very anx
ious to receive a dividend, but it
j is impossible to pay this dividend
unless the parties who owe the
bank at least make a beginning on
the payment of these obligation.?,’*
Mr. Kimzey added.
It was also stated that in cases
where suit has been inaugurated
and the parties have made ar
rangements to make regular pay
ments, no matter how small, no
judgments have been taken, nor
will they be taken. “In cases
where it is felt necessary to take a
judgment,” Mr. Kimzey explained
in outlining the situation, “it Is
not the policy of the state bank
ing department to issue execution
and sell the property of defend
ants at this time, but the banking
department will expect these
judgments to be paid off in a
rfeasonable time or it will be nec
essary to issue execution upon
them.”
At Shanghai
Negotiate
WATER RATES
ACTION ENDED
Tokio Would Have
Neutral Powers
Arrange an
Armistice
TOKIO, Japan, March 9.—The
Japanese government today in
structed its Shanghai representa
tives to attempt to negotiate a
permanent armistice with the Chi
nese through neutral powers,
ON LEAGUE TERMS
SHANGHAI, China, March 9.—
Japanese civil and military au
thorities are prepared to negoti-
ate for peace on terms of the
league assembly’.? resolution of
March 4, Namoru Shigemitsu, Jap
anese minister, notified the Ciii-
nese today.
Meanwhile, the Chinese govern
ment and military leaders united
in a policy of continued resistance
to the Japanese military force.?
moving northwestward from
Shanghai.
Japanese army headquarters
said they merely were consolidat
ing their lines in the Quinsan area,
some 23 'miles west of Shanghai
and that “occasional skirmishes”
were to be expected, but the Chi
nese charged that the Japanese
were pushing on in the direction
of Nanking.
(An Exchange Telegraph dis
patch to London reported that the
Japanese commander had issued
another ultimatum to the Chinese,
demanding they withdraw their
armies another five miles on threat
a new Japanese offensive.)
Japanese troops attacked Chi-
se at Chukiachiao, near Kiating,
and fierce fighting resulted until
the Japanese were driven back,
Chinese advices said.
“China must accept the blame
for such clashes,” Japanese ^Gen.
Yoshinori Shirakawa said in a
statement presenting his govern-
attitu-de. He added
Woodley Is Given
Added Duties in
Bank Liquidation
Kimzey Employed to Aid
in Hendersonville and
Brevard Work
W. W. Woodley, Jr., who has
been in charge of the liquidation
ot the Brevard Banking Co., of
Brevard, the First Bank & Trust
CO., and American Bank, at Hen-
ders^ville. the Saluda branch of
First Bank & Trust Co., of
Hendersonville, and the closed
bank at Tryon, has recently also
been placed in charge of the
liquidation of the closed banks in
Kiitherford county and the Bank
of Mooresboro in Cleveland coun-
y, by Gurney P, blood, state com.
missioner of banks.
Pat Kimzey, Brevard attorney,
bas been employed by the coin-
Woebi'’®'’■ “* assist Mr.
liquidation of the
Co., at Brevard,
and the closed banks in blender,
zev h’a’’ f”"' “""‘ins- Mb. Kim-
nev for bnnn the attor-
ey tor the commcssioner of banks
H.ontiniied on page five)
Digest of Supreme Court
Ruling in Brooks Case
Received Here
Otto Alexander, clerk of supe
rior court, is in recipt of the di
gest of the supreme court ruling’
which was recently made conclud
ing an action on the part of Lem
Brooks et al vs. the 'Town of Bre
vard involving the enforcement of
the water rates ordinance. It was
a test case and involve-d the orig
inal scheme of water rates for the
city, w'hen the water and sewage'
systems heJ’e were privately own
ed and operated.
These two systems were set up
a.s private enterprise for public
service many years ago. The story
goes that when they were estab
lished the contract with the pa
trons was that water should be
charged at the rate of so much
per spigot in each room. Later
the town took over the water sys
tem and the sewer system, issuing-
bonds for the funding of these
purchases.
At chambers in Asheville in
August of last year, suit was
brought before Judge Sink to
To
Peace
FOREIGNWARS
POST FORMED
Frank Woodfin Heads Or
ganization of 25 Char
ter Members
With a potential membership of
around 75 men in this county,
Pisg-ah Post No. 2428, Veterans
of Foreign Wars, was organized
at a meeting here Monday night.
Frank Woodfin. commander, and
Dr. B. F. Hall, of Asheville, dis
trict commander, were installing
officers for the new unit.
In addition to Mr. Woodfin,
Penro.se man, wKo was instrumen
tal in the formation of the post
here, the officers are:
Senior vice-commander, B. F.
Cox.
Junior vice-commander, Ec L.
Sims.
Adjutant, Noah C. Miller.
Quartermaster, John E. Rufty.
Advocate, Ralph Duckworth.
Officer of the day, Howard
Wyatt.
Guard, Wilson McCall.
Sentinel. Coy Surrette.
Trustees—J. M. Gaines, Erwin
Galloway, and Glover Jackson.
The meeting "was held in the
courthouse and it wa.s decided to
(hold further meetings there for
LINDBERGHS
MORE HOPEFUL
TODAYIEPORT
Definite Progress Reported
Officially as Investi
gation Continues
BOSTON, Mass., March 9.—
A published report quoting Mayor
James M. Curley of Boston as say
ing he had learned authoritatively
that the Lindbergh baby was re
stored to its parents Sunday night
was denied at the mayor’s office
today.
HOPEWELL, N. J., March 9.
—0 f f i c i a 1 reports of “prog
ress,” identification of the lumber
used in the kidnapers’ ladder, and
a my.stevious mo-'
tor trip by u per
sonal representa
tive of Colonel
Lindbergh, reviy-
ed hope today
that his stolen
baby lived and
would be return-
Woodfm Finds
4 Eggs in 2
the defendant from enfore-p,.e,ent on the fl?st and third
e present water ordinance. U,r..-.,5
ing the present water ordinance.
It is uncier.stood that the conten
tion was that should there be a
change in the water rates, it
should be a blanket change, af
fecting all, instead of individuals.
The appeal to the supreme
court was an appeal from the
judgment which dissolved the tem
porary restraining order. The
plaintiffs had appealed, assigning
qrrors in the action of the trial
court.
The notation on the case reads
that the opinion is a per curiam
opinion and that “It does not ap
pear from the record that the
ment’s attitude. He added a warn' ^
ing that the Chinese must Dot ad-; entitled to the
vance against the Japanese DDes i they seek.’"
outside Shanghai. 1
Rev, Burke
Coming Sunday
T 0 Preach
Rev. James P. Burke, rector of
St. James Episcopal church, Hen
dersonville, and secretary of the
diocese of Western North Caro
lina, will preach at St. Philips
Episcopal church in Brevard next
Sunday evening at 7:30 o’clock,
according to announcement of
Rev. Harry Perry rector of St.
Philips.
HIGHWAY MAN DEFENDANT
HIGH POINT. March 9.—
Chairman E. B. Jeffress, of the
State highway commission, has
been named as defendant in a
suit for $5,400 damages in the
High Point municipal court by A.
J. Joyner.
The suit grew out of an auto
mobile accident on the Raleigh-
Durham highway in last October.
The plaintiff asks $5,000 for per
sonal damages and $400 for dam
ages to his car .
In the complaint the plaintiff
alleges that Chairman Jeffress
was driving his car in a reckless
manner and that he drove across
the highway to strike the Joyner
car, which was on the extreme
right side of the highway.
Several Warrants
Served at Rosman
Sheriff T, E. Patton has served
a number of warrants this week
in connection with alleged drink
ing and boistrous conduct on high
way 28, through Rosman. Hubert
Gravely and Cecil Hensley were
arrested and are under bond on
charge of being drunk on high-way
28 at Rosman.
Hayden Crane and Roy Owens
are charged with reckless driving
and boisterous conduct on the
same highway and with breaking
the peace.
Two or three other such war
rants have been served and re
turned to Mayor White of Ros
man, before whom the hearings
will be held.
FRITZ IS DEAD
A beloved creature was taken
by death Monday night. Fritz, the
famous Nobby Shoppe cat, passed
away after an illness of a few
days. Fritz was well known
among the business houses of
Brevard, and was petted by every
one. He was the object of much
admiration on account of his
enormous size and his beauty. He
was friendly toward everyone and
“even paid frequent visits to some
of the lawyers of the town,” a
friend pointed out yesterday.
Monday night in each month
Already around 25 members
have been obtained for the post
and there were 20 interested vet
erans at the meeting Monday
night.
The Veterans of Foreign Wars
admits only men who have seen
service in -t’oreign countries or on
foreign waters, and these may be
either soldiers, sailors or marines.
Its objective is to look after
the welfare and seek legislation
that is beneficial to men who have
foftght abroad, and its w^elfare
work is carried forward for these
men and their families, regardless
of other organizations to which
they may belong.
It is the only veterans organi
zation that keeps a home for the
widows and orphans of soldiers,
where these may go without be
ing separated.
Future Farmers
Give Greenhaud
Degree in Chapel
The Brevard chapter of Future
Farmers of America occupied the
Tuesday afternoon chapel period
at the high school with a business
meeting of the club. Member.? of
the organization were seated on
the stage during these exercises.
At this time 15 boys were voted
into the club and given the Green-
hand, or first degree initiation
and presented with the bronze
emblem of the F, F. A.
All these boys are regularlyen-
rolled vocational agriculture stu
dents and have farming projects
which are being supei'vised by the
vocational agriculture instructor.
John Collins presided as presi
dent of the chapter and all other
officers were at ""heir stations, as
follows: Max Wilson, vice-presi
dent; Merrimon Shuford. secre
tary; L. E. Powell, trea.surej’; Eu
gene Dixon. I'eporter; J. A. Glaze
ner, adviser; Otis Shipman, watch
dog; Bruce Watson and G1
Shipman, Green hand condneto
It happened twice in a hun
dred years.
About two weeks ago, Ralph
Woodfin. who lives east of Bi'c-
vard on a tlirifty farm he op
erates and who has a flock of
Rhode Lsland Reds, which friends
describe as being a “jiicture to
look at,” picked up an egg and
said to himself, that it was an
unusual egg. When Mrs. M'ood-
fin broke it fo3‘ cooking purposes,
she found that inside the white
of the large outside egg was a
.second egg, as perfect as could
be asked of any (?gg.
A few days later, Mrs. Woodfin
picked up an egg. She said to
ho3’ husband that she believed this
eg’g, too, had another inside of
t. Mr. Woodfin I'eplied; “No,
that couldn’t happen ag'ain in a
hundred years.”
Mrs. Woodfin broke the egg,
and it was a duplicate of the
first double egg. Mr. Woodfin
hasn’t seen any niore such eggs,
and since he had two of them,
and then has seen no more, he is
inclined to think that he may
have killctl the hen that laid the
two freak eggs.
Col. Henry C.
Brecke n r i d g e,
Lindbergh’s at
torney, left yes
terday afternoon
after requesting
that his trip not
Col. Lindbergh be mentioned by
lewspapers until 10 o’clock last
night, when he returned ami re
ported. He left again shortly
thereafter, head
ed t 0 w a r d
Princeton.
It was reported
that Colonel and
Mrs. Lindbergh
were much more
cheerful than
usual today.
The lumber in
th,e ladder was
identified as the
same kind used
in the construc
tion of a state Mrs. Lindbergh
institution a few miles distant.
A rumor, unconfirmed but not
denied, had it that the baby would
be taken to the Englewood, N. J.,
estate of his grandmother, Mrs.
Dwight Morrow, -vyhen and if he i.s
returned.
Colonel Lindbergh spent much
time on his private phone today,
g'iving rise,to speculation that he
was engaged in an important
phase of the effort at i-estoratiom
Further optimism wa sseen in
an official statement on the case,
issued late la.st night at Trenton
in response to newspaper men’s
questions.
In reply to a question as to
“what are the latest developments
in the case,” the police shot back
the terse response:
“Progress.”
Colonel Lindbergh’s telephone,
the private line over which he
maintains a rigorous guard, and
over which he is said to have
quarreled vigorously yesterday
with Captain John J. Lamb, was
busy throughout the afternoon
and evening.
The cutting do\vn of the police
guard at the Lindbergh farm
from 25 troopers to 10 was re
garded as another move toward
opening the way for the return
of 20-month-old Charles Augus
tus Jr.
The whereabouts of Salvatore
Spitale and Irving Bitz, racketeers
appointed by Colonel Idndbei’gh
as his emissaries to the under
world, . was cloaked in mystery.
Snitale was not at his usual Man
hattan haunts yesterday after
noon.
The latest clue unearthed by
police in the week-long hunt for
the a.bductors involved the laddei*
which, it is supposed, was used to
gain access to the Lindbergh
CContinupd on page five)
REAL WINTER
Temperature of 10 De
grees Above Zero Re
corded Wednesday
d'his community exiterienced its
first real winter weather
week, when unofficial reports
showed the thermometer regi;
tered 10 degretis above zero Wet
nesday morning, the lowest recor
for the winter, it is said. Accort
ing to official reitorts from the
Institute weather station, the
mercury re.gistered 17 above ou
Tuesday morning, which was said
to have been the lowest record for
the winter i>t) to that time.
Light flurries of .snow were in
evidence for a short time Wednes
day morning, though not suffi
cient to be seen on the ground at
any time. Some of the high moun
tain peaks surrounding Brevard
have been covered with a white
mantle of snow for the past sev
eral days, though no snow has
made its appearance .on the
ground in the towm or county thus
far this winter, insofar as is
known.
The present cold snap iirevail-
ing in this section is somewhat
out of harmony with the blooming
shi'ubbery. flowers, fruit trees,
rose bushes and other plants put
ting out new green leaves, and a
few early vegetables up in some
of the garden.?.
Mrs. Garren, 39,
Buried Tuesday
Funeral services for Mrs. James
Gari'en, 39, who died at her homo
in Brevard earlv Monday morn
ing. were held Tuesday morning
at 'Clady Branch church. Rev.
Burt, of the Rosman Baptist
church, conducted the service.
'Burial was in Catheys Creek
cemetery.
Mrs. Garren had been ill for
some time. She was a native of
Sylva but had made Brevard her
home for a number of years.
She is siD’vived bv her husband,
two children, I.ucile and Frank;
three sisters, Mrs. Carrie Wilson
of Detroit. Mich., Miss Rlioda
C»pe of Sylva. and Miss Maj-tha
Cope of/ Sylva, and four half
brothers, Vernon, Vero Lee,
Homer and Grayson, all of Sylva,
G. T. Lyday was elected tax
supervisor for the county at the
March 'meeting of the county com
missioners held Monday, and the
se^■el■al tax list takers for the
townships were named by him and
ai^proved by the board.
In view of the fact that Dr. G.
B. Lynch had withdrawn bis res
ignation as coroner, prior to the
last regular meeting of the board
of commissioners, the body re
scinded its order appointing C. S.
Osborne as coroner. The motion
to rescind and declaring the for
mer action of the commissioners
null and void, was carried unani
mously.
The record of the commission
ers’ Monday meeting* also shows
that “a motion was made and sec
onded and carried that the follow
ing transfer be made: Transfer
$204.1() from 1930 budget code
1-20-120 to code 1-36-115 of
1930-31 budget. This transfer is
made to take care of an overpay
ment of one month’s salary which
was paid to the former clerk of
the court by the former county
commissioners.” The action, it was
explained afterward, is taken in
order to balance the budget.
The following is the personnel
of the list takers, appointed by
the tax supervisor and approved
by the count.v commissioners:
.J. E. Clayton, Brevard; A. E.
England. Boyd township, of Ros
man; Craig Whitmire of Cathey’s
f^reek; G. W. Maxwell, Dunn’s
Rock; W. Ellis Galloway, Easta-
ioe township: A. C. P)'ice, Glou
cester township; M. O. McCall,
Hogback townshij); C. V. Shep
herd, residing at Penrose for Lit
tle River township.
A motion w'as offered by W. B.
Henderson, and seconded by A. C.
Lyday, for the purpose of rescind
ing the penalty for nonpayment
of taxes, but was voted against by
Chairman 0. L. Erwin, breaking
a tie vote on the proposal. Messrs.
El-win, Si'gman and Plummer all
explained that they were heartily
in favor of the action, but that
they had been advised by the at
torney general and the local gov
ernment ■ commission’s secretar.v
that the county commissioners had
no authority to i-eloase tax payers
from penalty of non-payment, as
On motion * f)^ Mr. Plunimei-,
seconded by M». Sigmon, it xvas
voted to name Mr. Erwin a.s a
committee of one to confer with
W. W. Woodley with i-efercnce to
certain notes 'held liy the county
and for which, the record states,
“it aiipears that the commissionei's
should have credit.”
An aiipropriation of $100 was
marie to the welfare boai'd.
Bills ordered paid included that
for fire protection in January in
cooperation with the department
of conservation and development,
supplies for the county home and
insurance of property owned
or hold by the county. Also $66.34
IS approved for outside poor aid,
cover orders for foorl.
The board oi'dered the road po-
iori brought in by Luther Wood
to be filed, this petition being for
the adoption of the road leading
from Dr Kilpatrick’s to Pisgah
Mills.
A motion also carried to ask th(‘
state highway commission to place
the Penrose-Calhoun road on the
state roadmap when it is declar
ed a jiublic road.
Zacharys Leaving
Today for Seattle
Wide-spread regret is express
ed throughout the town and
county over the loss of Dr. J. F.
Zachary and family from the .
community, where they have re
sided for so many years.
The Zachary family is leaving
Brevard today, and after a four-
day journey across the country
will arrive at their future home
in Seattle, Washington. Dr.
Zachary will at once assume
management of his recently a*-
(|uired dental offices in the heart;
of the city,, where he wdll do a
general dentist practice.
Many expressions of regTol
have been heard over the depar-
tui'e of Dr. and Mr.s. Zachary
fi’Om the community, and of the
general feeling of loss in busi-
ne.^s, church and social cii’cle:-
due.'to their removal to the far-
distant vvestern city.