- , ....
The
Transylvania Time*
The News
Estab. 1S9S Estab. 1JS1
Consolidated 19St j
"Published Weekly on Thursdays by i
G. M. DOUGLAS j
Offices in The News Building
C. M. DOUGLAS".....7Editor
MISS A. TROWBRIDGE.-Associate
subscription RATES
Per Year .
Six Months ..
(In Transylvania County)
Per Year, Elsewhere . $1.50
Six Months .76
DREYAND NEEDS
DIFFERENT KIND WHISKEY
It' our bootlegging friends would
allow us to venture a suggestion it
would be this—that they sell a dif
ferent kind of whiskey on Saturday
nights and Sundays.
Seems like the kind that is being
peddled around town now is plumb
smack full of cuss and a few fight-,
with cussing being far in lead of
the fights. Now cur idea is that it
it must be the kind that causes ill
will, that it be of the brand that
makes ’em fight more and cuss less.
Lots of folk around here enjoy see
ing n good fist-and-skull affair, but
most of us have distaste for obscene
language
Another argument in favor of the
lighting brand is that the officers
can “get their man” better if he
has a few distinguishing marks
about his countenance, while the
cussing stops when the law comes
around. Guess it would be useless to
ask the fellows to stop peddling any
whiskey at alt on Saturday nights
and Sundays, so we just offer the
compromise, that it be more of the
fight type and loss of the cuss
brand.
'/'ABBS REAL MBS
TO FACE MBS
A roan that has not enough nerve
t, walk up to a man anil tell him:
•‘I don’t like you,, and I've got it in
lor volt” and who is mean enough
to g- poison a roan s dog to gpt
even with him must have a yellow
stripe up his bark.
Oh, ye:, there are plenty of dogs
in Brevard, too many, we suspect
in some instances, but even though
the town were over run to themctent
that would iMpor of
lluround every so
often, there would still be no decent
reason for putting out poison.
TUB “BREVARD
BASE" CASE
On this page of The Times is re
printed an editorial taken from last
Saturday’s Asheville Citizen which
expresses in clear cut roannei atui
possibly far better than this news
paper could its contempt for “one
North Carolina newspaper” which
has been tireless in garbling fact:
as to the “Brevard Bank case.”
To say that this newspaper is
working lor pardon of the men is
superfluous—because we can see nc
reason for their serving time in the
-tate prison for something they are
rot guilty of. Not being a lawyer
we are unable to pass upon techni
calities of the law, but have alway*
been led to believe that law is based
upon fairness and common sense,and
hence feel no hesitancy in stating
that the men should not have been
convicted in the first place.
happy birthday to
UNCLE VANCE GALLOWAY
From our own selfish standpoint
we thir.k cur good friend, Uncle
Vance Calloway of the upper end
of the county celebrated his 76th
birthday in fitting manner, taking
time off to send in his renewal to
The Times last Saturday We hope
Uncle Vance has many, many more
happy birthdays.
Then there were lots of othei
floks, too, who remembered us dur
ing the week with renewals to the
home paper and along with the pay
ments came also short notes telling
us that they like the way we are
running the ppper, for all of which
we make our best bow.
“Tax the farmer, Tax his wife... ’’
it has to be paid by somebody, and
it seems that each group tries to
place the tax on the other. Too high
on real property, was the cry.
so we have the sales tax for /Schools
and the landowner is glad; the mer
chant sad. Put it on whiskey, they
said, and the bond holder was glad;
the drinking man sad. And on and
on, no matter who has to pay taxes,
it is the wrong group. Seems the
only way to please everybody is to
cut out spending, and that does
not seem probable now.
Some parent in Brevard is going
to have a sad day unless we miss
our guess on account of prom
iscuous skating on the streets. Au
tcists are being put in some close
places daily by children skating out
in front of them and too close also,
IT’S A GOOD TOWN
AFTER ALL
Regardless of how you feel about
it, regardless of the dirt that has
been done you personally and your
business, tho old town is siill a pret
ty good place lo live in, if you can
just see it.
Of course you feel that YOU have
been made THE goat in this and
that, that John Doe and Bill Smith
have done just about as dirty as
could be, but it’s still a good town
for all that. While the bad things
have been done, how many good turns
have other folks done for you, how
many little favors have come your
way by reason of the fact that there
ore good people, the very best of
people living right here in Brevard.
Figure it all up—give the devil
all his dues, and then balance the
page off with the other side, and
you’ll be bound to agree that—IT S
A GOOD TOWN AFTER ALL.
HERE’S MAN WHO TURNS
DOWN CWA PIE
Following is ci py of a letter writ
! ten by M W. Galloway, that is of
interest in that it is contrary to
igun ral belief, that all and every
i tern the county war ts and is try
i mg to get something out of the Fed
jeral government. Mr. Galloway’s let
ter is self-explanatory, and follows:
I Fed. ral Re-employment Office,
j Brevard, N. C.
; Gentlemen •
I was advised through the re-cm
i ployment office on last Wednesday
]'that I had betn selected and recom
j mended for a position in this county
under the CWA program for which
II desire to thank the personnel ot
your office. However, after consider
ing the r.ifer 1 respectfully decline to
i accept it.
| 1 know there are hundreds of fam
' ilies in this county whose eircum
i stance® are more destitute than my
i own. and so long ns it is possible
| that even one child in Transylvania
j . ountv. h he black or white, may go
cold or hungry for the reason that
11 have a job and the father or other
i person on whom such child is de
! pendent has r.one, my conscience
j would uot permit me to accept any
; position under the CWA that some
• one of my more destitute neighbor®
! is capable of filling.
I This is in no sense a personal criti
j cism or reflection on any who may
have accepted positions under the
CWA, but is rather an expression
j my personal sentiments and feel
i ings in regard to these programs ol
j relief. 1 prefer to endure wh ijevei
iTii<T inconveniences that
j liiav be the result of present condi
tion® lather than that my dream?
I may be disturbed by the cries o
hungry women and children.
Very Sincerely
M. W. Galloway
OAKLAND NEWS
(By Mrs. Leo F. Norton)
Mr. and Mrs. Dan Reid left carlj
last week for a short stay in \V ash
ington, D. C.
Clarence N* rton spent last wee*
at home on account of the siriou*
Mhiess of his wife. We are glad t*
u'-.k rt her much improved and that
Mr. Norton returned Sunday alter
neon to his work in the CCC cam|
at John's Rock.
Mrs. E. D. Reid was a visitor at
Lake Toxaway one day last week.
Mrs W. W. Reid called one day
last week on Mrs. Maggie Nicholson
Cecil, small son of Mr. and Mrs
I. S. Sanders, is seriously ill, hut it
i thought the danger point is pass
ed-Mrs. Lillie Alexander and Mrs.
Weslcv Reid called Sunday morn
ing on Mr. and Mrs. I. S. Sanders.
Mr. and Mrs. Waite Reid and
Miss Lessie Reid of Sapphire spent
'Saturday evening with Mr. and Mr*.
E. A. Reid. , _. , .
Fred Breedlove and Bill Fisher ol
Lake Toxaway called Sunday morn
ing on Clyde Chappell and family.
Ray Sanders, who has employment
in Tennessee, made a short visit to
home folks the past week-end.
i L. C. Sanders of Lake Toxaway
t was calling on friends here last
week and reports this his grano
paunts, Mr. and Mrs. S. L. San
ders. with whom he lives, are get
ting along fine.
Miss Billie Ray Fisher of Lake
Toxaway is spending some time with
Mrs. Clarence Norton.
T. W. Reid of Sapphire spent Sat
urday evening with Leo Reid.
W. F. McCall is home from thc
CCC camp and is on the sick list.
Mrs W. F. McCall visited her
sister I. S. Sanders Sunday aftcr
n°It1 Was reported that Rev. D. C.
Owen filled his regular appointment
Sunday at Lake Toxaway Baptist
church and preached an excellent
sermon. We were sorry to nnss it
but we have been detained at home
several Sundays on account of sick
ness in the home and community. We
always feel like we have misseu
something when we are hindered
from attending church and Sunday
school. Let everybody remember that
there is Sunday school every Sun
day' in each month at Lake Toxaway
Baptist church.
Children live longer than former
ly, adults do not.
Age for wisdom, youth for en
thusiasm and execution.
All that goes up is bound to come
down—taxes excepted.
People who blaze in diamonds sel
lom set the world on fire.
Men • will sacrifice more for a
poison indulgence than for food.
HISTORY OF A CASE |j
<The Asheville Citizen, Jan. 13)
■■■ H I I I «l HIBM 11» « .
The Citizen has had nothing to tay,
about the Brevard case while it was'
before the courts or the Governor. I
So much misinformation has been!
published about the case, however, I
that a plain recital of pertinent
facts would seem to be in order.
In the first place, let it be said'
that there is absolutely no justifica-;
tion for the allegation, which has,
been made in more than one editorial |
article appearing in North Carolinu1
newspapers, that these defendants'
had been charged with wrecking a
bank or with grand larceny and had
been shown by the records to be
“corrupt" men and “rascals.” In the
second place there is in the record
no justification cither l'or the sug
gestion which has been put forward
repeatedly that, an attempt was be
ing made to compound a felony in
that these defendants were trying
I to buy their way out of serving a
| prison sentence. These articles, wide
lot' tii" truth, have done a grave in
justice to many ethers besides the
' four defendants Thomas H. Ship-1
man, C. 11. M. Neely. Joseph Pickel-i
simtr and Ralph R. b .sher.
The fact is that the four defen
dants named above were tried to-1
gather with four other defendants, on j
i the charge of having conspired to j
pervert the credit of Transylvania,
county. The allegation was that cer
ts j„ cf the defendant?, who were of-j
ficials cf the county, had conspired
I with the defendant Shipman, who was i
l president cf a bank, and another de-j
1 fondant to borrow money for toe:
I county for the- purpose of depositing
! it in Shipman’s bank, which had sun i
I ,-cquently failed. All eight defendants!
1 were convicted. The presiding judge!
i imposed both prison sentences and
i fines on the four defendants named,
i above. !
i The case was appealcu 10 cm
1 North Carolina Supreme Court am:
' t hat body reversed the convictions
as to three of the defendants, de-|
daring that there had been no evi
dence "as to their guilt. Two mom-'
i bcrs of the Supreme Court, in a
I vigorously written opinion held that
I the convictions should have been re
versed as to all of the defendants.
' Three members of the Supreme
i Court upheld the convictions as tc
■ fiVo of the defendants. On a second
i appeal to the Supreme Court to cor
rect the sentences, the couit hcC
that the convicted defendants could
not be h tli fined and imprisoned,
that they must be either fined oi
! imprisoned. The taw, it will be noted,
! specifically permitted the presiding
i judge in his discretion, eitnei to
j fine ur 10 imprison.
•u Brevard when the*^cSfl^^BPj ^
I for resSfienee, read the rcwr3»“
quired into the facts, and de^L
tliat the ease was one which_ eggp
for fines rather than imprisonW
• He fixed the aggregate rf the Hr. »
; ,.t <130 000, that being a sufficient
amount it was estimated, to rc.nv
! burse the county for the loss it hac.
actually suffered by reason of the
closing of the bank. This was on o
about December IB, 1932. The de
fendants were unable before the ad
iournment of tht court ovei *hich
Judge Townsend was presiding. t<
raise the amount oi the line.,. Thcie
upon the judge stated that he would
l,o compelled to impose prison sen
tence', if the fines could not bo paid
but that if the fines could be laiscd
before the end of the year he would
recommend to the Governor that they
be accepted and the prison sen
tcnees remitted. The fines vvre raised
and deposited with the county au
tht cities and the case went to clie
Governor. That was more than a yeiu
ago, just before the present Gov
ernor came into office.
After tne case wm ..
nor n public hearing regarding n
was held in Brevard by Tyre Tajloi
executive counsel to Governor Gaid
ner and later, for a time, to Gov
ernor Ehringhaus. Mr. T!‘y'°r wa'
sent to Brevard by Governor Ehnng
haus He is understood to na\e
recommended that the prison sen
tences be remitted. Only f»ui de
fendants remained by this time toi
one had been released under pay
ment of the fine as fixed by the first
presiding judge. The case remained
i!i the Governor’s hands until it was
announced last week that the re
mission of their prison sentences was
to be refused. Following this an
nouncement the Governor agreed to
hold a, hearing at which the de
fendants could present their pleas
and the hearing was held m Raleigh |
on Thursday.
T h e hearing was remarkable, j
among other things, for the fact
that Judge Townsend, who had im-(
posed the sentences, appeared in
person before the Governor to urge
fulfillment of the promise which he
had given the defendants. The solic
itor who prosecuted the case recom
mended acceptance of the fines- The
attorney who had been pi rvately
engaged to assist in the prosecu-,
tion, now a Superior Court Judge,
Felix E Alley, made the ame
recommendation. Every member of
the jury joined in urging that the
prison sentences be remitted. So did
thousands of other persons, from
Transylvania county and n t her
parts cf the State. Some of the ap
peals aro reported to have been very |
moving. They did not however,.
move the Governor from the position I
which he had taken.
Much was made by the Governor
of the point as to whether the
amount of the fines which had been
deposited by the defendant? with the
county authorities had been placed
there' unconditionally or contingent
ly. The attorneys for the defendant?
declared that the fines had been
paid in unconditionally and Judge
Townsend supported them in this
view. He declared that his order
had been complied with. The Gov
ernor, however, took the position
that the payment had been contin
gent. and that this vitiated any con
lition prescribed by the court. nejc
expressed the view that if the pay- j j
neat was conditional that his grant- ji
ins pardons to the defendants would J
oe equivalent to compounding a fel-;
. ny. It is agreed that the amount of j'
ih<: fines was in the hands of the '
Transylvania county authorit.es, '
snd had been for more than a year. , >
It was further stated that this 1
amount had been fully maintained;;*
at all times. The only disagreement <
was as to whether the deposit of
the amount of the fines had been '
conditional. The written records did l
not show any conditions and the at- 1
torneys for the defendants denied,
as stater! above, that there had been 1
any conditions.
This briefly is a survey of the
high spots of the record of this
case. But one other thing cal's for
being said.One North Carolina news
paper discussing the case editorial
iy, has spoken of “the four Tran
sylvania rascals" exhibiting “amaz-i
ing ‘brass" and has said: “It is evi
dently a gamp they play up there in
Tm” yivardu.It works this way.
You and a few cronies work your
selves inti: positions of trust and
steal what you can get your hands
on. If you are not caught, what you
steal is yours. That’s the big prize.
If you are caught, you lose the prize
and must give the money back to its
rightful owners. But,, if you 1 ?“•
yi 11 lose nothing". • That is fumy
typical of a number of similar ar
ticles. There has been, on the part
r,r a number of newspapers, an in
dictment of a county and its people
a-- well as a misrepresentation ot tnoi
facts a? to the four defendants who,
wore under conviction. What excuse(
there be for this hoher-than
i hou attitude? What excuse c#.
there be for abusing a county amlj
its people in this way? Can a news-,
paper justify using its columns
pillorv persons, whether convicted or
no, unless it keep to the fact-'
Obviously, as the record shows, j
the defendants in this case wove c 11-;
victed of an offence which was pn-l
marily against the county of which
t)iev were citizens. Three 01 the con-i
victed defendants are Republicans.
Th:v were county officials. The <>e-|
fondant Shipman is >1 1'lcn’™'nlt,; \
These are material facts and will t< (
recognized as such, by those who,
knew hew closely party Imcs a.c
drawn in Transylvania county .The
convicted officials were n t *il7n
ing.” They neither got nor 'ton" '
get one cent for them-elves of what
they did. They were »«♦«««* [' ■; ,
bavin" -v.■ their powers by ho. (
■ \vitv si00,000 which was placed in
!„ fund which was presently over-,
, drawn S’?,000, it being a criminal ot-;
fen-c to transfer public funds from |
| 5\hefSther’y allegation being
that they had conspired with the,
hank’s officials in putting the money ,
I there. At the time they completed!
I Mii-. transaction they paid a So,OOP
| note which was then due and re
! r.nested permission to anticipate
another note of the same amount,
! owned in New York, this permis
sion being refused.
I The fact that they were Repub
lican* while the president of the
bank in question was an active
Democratic leader seems to us to he
significant. Republicans as those who
Know the mountains will testify, are
!t ill the habit, ir. Transylvania
I county, of ‘‘conspiring ’ with Demo
crats—especially in an election year,
which this was, and less than 60
days before the election. Admittedly
the county money was put in the
j bank and the bank failed. But the
onvicled officials did not benefit
isruonaiiy in any way from the
ransaction. The county was the
jser Yet more than 4,000 persons,
ame <J0 par cant of the voter* of
he county, Democrat* and Republi
cs alike, joined in urging that the
iriscn sentence* of the convicted de
endants bo remitted.
The Citizen has not a* any time
ndertaker. to argue th's case in any
ray. It is not undertaking to do that
lere. It is simply reviewing the
ecord—and it thinks that the recorn
peaks for itself. Tho essential
acts are ^ 1) that or.ly by a dfvldcni
iecision of the State Supreme Coui i
vere tho convictions of these ru< t
ipheid at nil, two of the five mom ]
►ers cf the court strongly disset.
ng; (2) that the judge who - r.-j
*netd them had full authority ■>fi
ler the law to impose either pri on!
entences or fins’; (3) that he did1
ictuaily impose fir.es, the prison,
lenteuces being substituted only bo -1
■ause the defendants could not mi I
nediatciy pay the fines; (4) that I
he presiding judge told the defen
lants that if within n reas cable
irne they raised the amount of the|
Fines he vviuld recommend to the
Governor that they be accepted and
la* pii.-on sentences remitted; to)
it at th. defendants did raise the
invent of ihn fines and the payment
ins linen in the hands of the county
juthorities for more than a year;
(6) that the judge who imposed the
entenees, the solicitor who prcsecul
jd the case, the lawyer who a < •; t
»d (he solicitor, the members of the
jury and 90 per cent of the voting
population cf the county have all
joined in urging that the defendants
nail not he sent to prison but the
payment of the fines accepted in
full --ettlenient; <7 > .that the Gover
nor ha said that he will not remit
the prison sentences.
This is the record. It is a re
markable record.
Blessings brighten as they depart.
Don’t expect m e r i t anywhere
■when money says it.
When mistrust or wilfulness en
t:-rs love departs.
NOTICE OF SALE
Under and by virtue of the au
thority conferred by Deed of T rust
executed by C. S. Osborne and wife.
E'.irn B. Osborne, and Mrs. M. M
Bishop, dated June 13, 1925, and re
corded in Book 14 page 455, in the
office of the Register of Deeds for
Transylvania Ounty, Laurence h
Lee, Substituted Trustee will, at
twelve o’clock. Noon, on
MimiiAf, T kb HU ARY 12, 1934
at the Courthouse Door of Transyl
vania Ounty in Brevard, North
Carolina, sell at public auction for
cash to the highest bidder the fol
lowing described property, to-" it.
Situate in the State of Not L
Carolina, and in the Countj>,
bounded and described as follows:
Beginning at a stake, a corner o
Lot No. 5, cn the Mrs, E. Allisoi
line in the road, and runs bout!
2 1-2 deg. West 6 poles and 2 link
to a stake, a corner of Lot No. .
then South 87 deg. East 22% poie:
to a stake in the W. K. Osborn,
line; then North 2 1-2 deg. East *
poles and 2 links to a stone, corner <■:
Lot No. 5; then North 87 deg. V. es
22% poles to the BEGINNING
Contaning 85-100 of an acre, and be
ing Lot No. 6 of the W. k. Osborn,
sub-division, as made by A. i
Hardin.
This sale made on account of <ie
fauit in payment of the indebted
ness secured by said Deed of Trust
This the 13th day of January, 1934
LAURENCE F. LEE,
Substituted Trustee.
Jan. 18 25 Feb 1-8
SEUCA NEWS *
(By Ward Ere*l!0vc)
»We had our first snow ]e*t Fri
day, reminding us of olden times
when we used to have snows during
winter.
Rev. Sherman Pearson preached
an interesting sermon at the homt
of Uncle Henry Barton last Sunday.
The Bong* were sung by V/. C. Mc
Call and Rev Judtson Corn from tin
Christian Harmony song-s. All pres
ent enjoyed a splendid service.
Mr*. Hattie Searcy of Mcrganton
is spending several days with he/
parents and friends here.
Mrs. hilz-e Barton is visiting her
parents, Mr. and Mrs. James Head,
of North Brevard, at this writing.
Some of our folks attended th.
meeting held by the united dry
forces in Brevard Saturday evening
and report an interesting time1 and
state the politicians better g>t booze
out of their platform.
We are glad to know 3. Wade
Dickson who ha:: been very sick for
some time, is much improved and is
most able to be out to .hurcli
again.
The many friends i f Mr-, .'••o'
Wil in, known as Aunt Mary, >vr.n
has been very sick for some time,
had to be taken to th? hospital foi
treatment.
We are giad to see new nomes go
ing up in our section. J. P. Whit
mire and that of Mr. and Mrs. II.
C. Barton with others planm d for
erection.
All the farmer.( In our section
[certainly agree with Mr. Dickson in
[his article in last week’s paper. Me
nnifit confess with conditions as they
are the fanner has the worst road
, f anyone outside the prison walls.
The home ol rteury jneavinuu
destroyed bv fire recently, and _ '*
part of the'family arc living m his
crib until other arrangements ’ can
bo provided. Our sympathy goes out
to them, a? it is stated only a few
1 things could bo raved from two
flames.
’ Mrs. Ed Barton visited her bn
i ther, Julius Owen Sunday,
j The Seiiea union Sunday school
(held their annual election last Sun
• day. The following were elected:
{superintendent, Jess Dickson; a
i.-istant superintendent, J. M. Dick
son ;secretary-treasurer, Miss An
abolic Dunn; organi-t, Miss Marga
ret Barton; assistant organist. Mi"
Catherine Barton; adult Bible cli*: -
teacher, W. W. Galloway: a--'istai>t
teacher. Ward Breedlove; young
men’s class, Miss Ir.cz Dunn; inter
mediate clr. , M''s Wal'd Bre d
5 love; assistant Mrs. Roxie Dunn;
'primary class. Mrs. Houston Barton;
(assistant, Mrs. C- R. Sharp. Our
J motto is go to Sunday school some
I where every Sunday.
I Mark Twain condemned polygamy
'on the ground that “no man can
I have two ragsteis.’-'
i BILIOUSNESS
1 Sour stomach
i £as and headache
S
■?
'■
Ail parties wishing to settle their notes held by the
County at the rate of fifty cents on the dollar, are .
hereby notified that the Commissioners have fixed
SATURDAY, FEBRUARY 17th 1934
as the last date on which such settlement can be made.
After that date, said offer is withdrawn.
W. E. BREESE
County Atton
.