THE TRANSYLVANIA TIMES
3 • • 3
J A Newspaper Devoted to the Best Interest of the People of Transylvania County_. '
VOll 48: NO. 49 BREVARP, NORTH CAROLINA, THURSDAY, DECEMBER 8, 1938 $1.00 PER YEARJN TRANS YLVANIA^OUNTY
COUNTY OFFICIALS
START NEW TERMS
No Changes Made In Appoint
ive Places—A. B. Galloway
Chairman of Bear'd
Officials of Transylvania county as
sumed their posts for the new term
Monday morning, with two newly elect
ed officers going in along with a large
list of re-electives.
Spalding McIntosh, clerk of court,
was sworn In at the Henderson county
court house along with the clerk there
by Judge J. Will Pless. Other offleals
took their oaths before R. L. Gash,
notary public, here.
There was no change In any of the
appointive places by the county board
of commissioners.
A. B. Galloway was again elected
chairman of the board by Commission
ers E. Carl Allison and John L Wil
son, and Pat Klmzey was named for
another term as county attorney.
Ralph Lyday was again named coun
ty accountant, tax supervisor and pur
chasing agent for the county. J. D.
Bryson was renamed to his position
as superintendent of the county farm;
Wade Vaughn, re-named janitor of the
court house under supervision of the
sheriff who was named custodian of
the building and grounds.
l)r. Charles L Newland was named
to the post of county physician which
he has filled for the past 18 months
following appointment of Dr. G. B.
Lynch as health officer.
Edwin L. Morgan took over active
charge of the county tax collector's of
fice, succeeding Lem Brooks who was
not a candidate for re-election follow
ing four years In the office.
i ' lent or i.uurc mciniusu surwcua
k Otto Alexander, who also served two
' terms of four years each. Mr. Alex
ander is assisting Clerk McIntosh in
work In the court room this week, and
the new officer appeared Monday to
be getting along very well Indeed.
Eck Ii. Sims ts beginning his second
term as register of deeds, and is as
sisted by his wife. P. L. (Buck) Mc
Call Is continuing In charge of tho
Jail and serving as deputy under
Sheriff Shuford. who started his sec
ond term Monday for four years this
time Instead of two.
C. M. Lance filed his bond ns con
stable of Cathey's Creek Township,
and W. L. Wood filed boml ns con
stable of Brevard township. Other
township officers are expected to make
bonds and take oath of office within
a few days.
The following were re-appointed
register of vital statistics: Boyd. Mrs.
Haskel I.yday: Brevard. Mrs. Z. V.
Burrell. Cathey's Creek, Mrs. Jordan
Whitmire: Bunns Rock. Mrs. Itessle
King; Eastatoe, Mrs. W. C. Gravely:
Gloucester, Mrs. Walter Fisher: Hog
back. Mrs. Rue F. Reid; Little River,
Frank Shuford.
Tobacco Meeting Set
For Tuesday Evening
► (J. A. Olazcncr. County Agent)
A tobacco meeting will be held at
the I.lttle River school house next
Tuesday evening, December 13, at
7:30, for the purpose of discussing the
1933 and '39 tobacco program. It is
expected that E. T. Floyd, State exten
sion tobacco specialist and State Execu
tive Officer for the Soil Conservation
program, will be present for this very
Important meeting. If it Is found that
Mr. Floyd cannot be present, some
one from the state office of the Soil
Conservation Association will be pres
ent to address the crowd.
Since all tobacco growers In the coun
ty will be given an opportunity to vote
December 17 as to quota allotments
for 1939 It is most important that the
tobacco growers attend this meeting
and get all the information concerning
the tobacco situation possible before
casting their ballots.
To Confer First Degree
The first degree will be conferred at
the regular communication of Dunn's
Rock lodgo which will be held In the
lodge hall Friday night at 8 o’clock. |
At conclusion of the degree work
refreshments will be served. A cordial
invitation Is extended to all visiting
Masons.
M1CX1E SAYS—
fyjREk YOU REQUEST TU' A
editor to leave our
A good item, tor ho
PARTICULAR REASOR,
VOU AREASKIKJ'HIMTO
3ETRA V R/S READERS^
fUEYRlPE US TO GETtR
\*/£WS FOR 'EM ^
To Ten Thousand
/
Above picture shows a part of the
10.000 bulletins which Brevard Col
lege send out each month to friends
and prospects of the Institution.
I-ast Issue of the Bulletin curried a
listing of~ the personnel-faculty, stu
dent group leaders, and listing of the
students togeher with their resi
dences, and other Information.
As an advertising medium, the
Rulletln Is an exceptionally good
piece for Transylvania county, and
each month carries Information of
Interest to friends of the college.
Measles Epidemic
May Close Schools
Before Christmas
Epidemic of measles which seems to
be prevalent throughout the county
may cause all schools to be closed the
last of this week.
Dr. C. L. Newjand chairman of the
county board of education, said late
Wednesday afternoon that he consid
ered measles to have reached the ep
idemic stage, and that he would con
fer with other schoool officials and
the health officer on Thursday to de
termine the advisability of closing all
school until after Christmas. Notice
would bo given through the schools If
this step were taken, the chairman
said..
Dr. G. B. Lynch., health officer, said
Wednesday night, that In his opinion
the epidemic was lessening, especially
In the lower end of the county, and
that unless school officials made the
request, he would not recommend
closing of the schools with the Christ
mas holidays hut a little time off.
The health officer made suggestion
that parents be careful In keeping
children from contact with possible
cases of measles.
CIVIL COURT DOCKET
BEGINS ON THURSDAY
Small Number Criminal Caaes
Were Disposed of Monday
and Tuesday
With one of the smallest criminal
dockets in several years, Superior court
got under way here Monday morning,
with Judge J. Will Pless presiding.
Most of the first day was taken up
with issuing papers for those who fail
ed to appear, and to hearing submis
sions for minor charges, composed
mostly of liquor law violations.
Spalding McIntosh, new clerk of
court, was in .the position occupied in
the court for the past eight years by
Otto Alexander, Mr. Alexander, how
ever, was assisting the new clerk in
keeping his court records.
Clarence O. Ridings was here for the
state, and Miss Lassie Kelly of Frank
lin is serving as court stenographer.
The criminal docket was cleared
Tuesday, and court recessed Tuesday
night until Thursday morning. Dis
position of a few criminal cases will
be made Thursday morning, after
which the civil calendar will be taken
up.
Both the criminal and civil dockets
are very light at this term, and due
to the large number of submissions
Monday and Tuesday, the court was
able to recess Tuesday night.
Mrs. Orr Elected To
Head Women’s Club
In Brevard for 1939
Mrs. Oliver H. Orr was re-elected
president of the Women’s Civic club
for the ensuing year, at the December
meeting held Monday afternoon In the
club room.
Other officers elected were: Mrs. J.
H. West, vice president; Mrs. A. H.
Harris, secretary; Mrs. R. H. Zachary,
treasurer.
It was reported by the Thanksgiving
committee, of which Mrs. R. H. Zach
ary Is chairman, that eight bags of
fruits and candles were taken to the
inmates of the county home for their
Thanksgiving cheer. A cash donation
was made toward the Christmas tree
to he sponsored by the county health
unit.
A discussion was entered Into con
cerning the proposed new community
house, which the club Is working to
ward as Its major project for the year.
j New Theatre Building In
j Brevard Will Be Completed
For Use In Early Summer
Work was started Monday on "Tho
Co-Ed," Drevard's new theatre on West
Main street, adjoining the Clemson.
Tlie new theatre house will be of
modernistic design, having an overall
measurement of 38 feet by 120 feet,
and will be furnished with 500 seats.
Frank D. Clement and son, Verne P.
Clement, owners and operators of the
Clemson Theatre, are builders of the
new theatre, and Henderson Construc
tion company of Hendersonville ure
contractors. E. G. Stilwell of Hender
son is architect, They expect to have
the new theatre in operation in June.
Front of the building will be of white
stucco finish; with brick and steel be
ing used throughout in construction for
fire protection.
The new building will tie in with the
wall of the Clemson Theatre on the
cast and the Abercrombie Furniture
store on the west.
First floor of the building will be
used for the theatre proper, with latest
air conditioning and furnace for steam
heat In the basement. Second story
will be utilized as living quarters for
Mr. and Mrs. Verne Clement, and Mr.
Frank D. Clement, and will also con
nect with tho apartment now in use
over the Clemson.
Front of the building on Main street
will be utilized as a lobby and ticket
booth, with the lobby proper running
crosswise of the building. Lounging
and rest room of approved type on
either side of the lobby will be Installed
and a "cry room" will also be built
In the front of the main auditorium.
The “Cry room" is something en
tirely new for theatres, and Is so fitted
up that mothers with 'Children who
start crying for any reason in the
main theatre may be taken Into the
plate glass "cry room” where faclll
tics will bo provided for hearing the
talkies without disturbing other pat
rons.
A private box is being built near
the front on a semi-balcony for parties
or private shows. Joint office for the
Co-Ed and the Clemson will be located
near the front of the new building, and
will connect with both theatres.
latest Western Electric Simplex
sound and projection equipment will bo
placed in the'new theatre, nnd par
ticular attention will be given the new
structure’s walls to provide proper ac
oustics.
A stage is also to be built into the
new theatre, to take care of specialty
shows and other features in conjunc
tion with the theatre.
Coming to Brevard 27 years ago
from Vermont, the Clements, father
and sons, have been connected with the
show business here since that time.
Frank D. Clement was also In the
Jewelry business until two years ago,
when he retired from active Jewelry
work. Verne P. Clement has been con
nected with the theatre business as
manager since he returned from the
World War In 1918.
First show business which Mr. Clem
ent entered was in the old auditorium
that Is now located over Plummer's
store. The show was operated there
for a number of years, with Improve
ments being made each year.
In 1926 the new Clemson building
was erected and the name changed
from "Auditorium” to "Clemson"—
(Clement and Son) and Is regarded as
one of the best smaller town theatres
In the state.
Latest sound equipment is now In
use at the Clemson, and first run pic
tures are shown regularly.
Boylston Road Bids Asked
By State For December 15
Bids have been asked by the state
highway and public works commission
on the remaining stretch of Boylston
road, a distance of 6.34 miles from the
county line to new entrance to the
highway below Mills River Bridge.
The letting will be held on Decem
ber 16, and It Is expected that con
struction on the link will be started Im
mediately after January first.
The 6.34 miles stretch will tie In
with the completed 290 at the county
line, and Intersect wth the paved 191
about half mile below Mills River.
wnen compieiea, urevaru wiu uavo
a short cut through the Boylston and
Mills River section to Asheville, and
will also have a short scenic route to
offer travel from midwest via Connes
tee, Caesar’s Head and Greenville.
The road will foUow approximate
direction of the present route to the
fork of the road near the Mills River
parsonage, where It will keep straight
Instead of swerving abruptly to the
left-will provide a more straight route,
and very little grade.
The Least of Their Worries
Friends of Albert Lyday Start
Fund To Help Pay Heavy Fine
Move was started here Wednesday
by friends of Albert J. Lyday to pub
licly show their belief in the Innocence
of the former Plsgah Forest boy, and
to assist him in paying a heavy fine
and settlement In the Fred Tolbert
shooting case.
Along with a letter which was writ
ten by several citizens, checks in the
amount of $95.00 were enclosed for the
"Good Faith Fund for Albert J. Ly
day,” and other contributions were
made later Wednesday.
Mr. Lyday a graduate of Brevard
high * school, was convicted of man
slaughter In Caldwell county superior
court last Friday. lie was charged
with shooting Fred Tolbert of Morti
mer, Caldwell county on October it of
ths year.
LETTER AND CHECKS
The following letter, together with
checks amounting to $95.00 received by
The Times at noon Wednesday. Is
published herewith:
Editor The Times:
We firmly believe that Albert J. Ly
day, one of our own young men, was
given an injustice at his trial held In
Lenoir last week, and because Albert
is being forced to pay an exorbitant
sum in the case we are herewith en
closing our checks as donations for
Albert lyday.
We believe that the people of Tran
sylvania county, most of whom know
Albert lyday as a young man of high
character, and his family as above re
proach. will appreciate your publish
ing this letter in your paper, and call
attention of thn public to Mr. Lyday’s
Injustice and his financial plight.
There are. we are sure, a number of
other citizens of Transylvania who be
lieve in Albert Lyday's innocence of
the charge he was convicted of, and we
believe that they, too, will be glad to
contribute to this cause.
Mr._Lyday Is a young man, just
starting in his career, and this amount
of $1100.00 which he will have to pay
will handicap him for a long time, and
■ . b i
these contributions are given as tok
ens of our faith In him and his In
nocence of the crime as charged.
Will you please call attention of
others to this, as a favor to us, and
as a# tribute to one of our most highly
regarded young men .
Very truly yours,
RANDALL W. EVERETT,
Brevard, I
SID BARNETT,
Plsgah Forest
HENRY N. CARRIER,
Brevard.
W. W. HUBER,
Ass't Ranger.
CASE IN COURT
Lyday Is a state game warden, lo
cated In Caldwell county, and went
to the home of Tolbert early In the
morning of October 3 to arrest the
man for hunting out of season. He
was accompanied to the Tolbert home
by Cal Hall and Clyde McLean, also
game wardens.
Mr. Lyday, and the two accompany
ing game wardens, stated Immediately
following the shooting that Hall and
McLean went to the front of the house
and Lyday to the back, Tolbert Jump
ed out of the window and started to
run. with Warden Lyday In pursuit.
Tolbert suddenly whirled and snap
ped a pistol near Lyday’s face, and
then fired the gun directly at his head.
Albert said he dodged away from the
firing gun of Tolbert, and then fired
a single shot without aiming—Just
stuck his gun toward the man and fir
ed.
The wardens took the gun away from
Tolbert after the man had fallen to
the ground. In the meantime, the
mother of Tolbert and other members
of the Tolbert family had reached the
scene, and the mother of Tolbert grab
bed his pistol and ran with It Into the
dark.
Hall and McLean substantiated Ly
day’s story at the trial held before
(Continued, on Back Pape)
Fred Grogan Elected
Consul WOW Camp
—
Fred Grogan was re-elected consul
commander of the Brevard Woodmen
camp Monday night. New officers
who will be inducted on January 2 with
Mr. Grogan Include:
Glover Jackson, junior consul com
mander: L. W, Bonnell past consul
commander, Lem Mathis, junior; Roger
Hayes, banker, Earl Ashworth, assist
ant; Leo Reid, adviser lieutenant, Carl
Bryson, assistant; Dean Whitlock, es
cort, James Walden, assistant; Dr. E.
S. English, physician; Horace Mason,
sentry, Ralph Brown, assistant: Clark
Grissom, watchman, John Plckleslmer,
assistant; Vance Jackson, reporter:
Roger Hayes, band leader: C. M.
Douglas, Pat Kimzey and Jess Gallo
way, auditors,
Rev. J. R. Bowman I*
Minister for Rosman
ROSMAN, Dec. 7—The Rev. J. R.
Bowman, who will have charge of the
Rosman-Brevard circuit of the Metho
dist church, has moved to Rosman.
and is stopping temporarily with Mr
and Mrs. J. E. White while repairs are
being made on the parsonage here.
Mrs. Bowman Is with her husband
here, and the couple have already start
ed their work wlh the six churches on
the charge.
The Rev. Mr. Bowman served the
past year as pastor of the Franklin
circuit of the Methodist Episcopal
church, being a member of the Blue
Rldge-Atlantlc conference.
The Rev. Earl Brewer, who was ap
pointed to the circuit at the Western
North Carolina conference, could not
accept the pastorate on account of
conflict with his work at Brevard col
lege which he felt he could not give
up at this time.
New Arrival
Mr. and Mrs. W. K. Duncan, of
Greenville, S. C.t have announced the
birth of a daughter, Jennie Sue, on
November 25, at General hospital. Mrs.
Duncan Is the former Miss Agnes
Hayes, of Brevard.
District dinging lo
Be Held Sunday P.M.
ROSMAN, Dec. 7—Upper district
singing convention was organized at
Zion Baptist church here Sunday af
ternoon. with the following officers be
ing elected:
The Rev 'W. H. Nicholson, president;
G. M. Israel, vice president: A. M. Pax
ton, secretary and treasurer: Mrs. G.
M. Israel, pianist: Rev. M. E. Summey,
Chaplain.
The convention will meet at Middle
Fork Baptist church next Sunday af
ternoon at 2 o’clock.
ROSMAN YOUTHS TO
FETE DADS TONIGHT
_
Future Farmers Banquet Will
Be Held In High School
Thursday at 7:30
ROSMAN, Dec. 7—Future Farmers
of the Rosman high school will honor
their fathers here Thursday evening
with the annual father-son banquet.
The program will start at 7:30 o’clock
and will as usual, be an "all-boy" af
fair, with members of the chapter hav
ing complete charge of the event.
Girls of the Home Economics class
are assisting the boys In putting on
the dinner, and will prepare and serve
the meal, thus giving the young ladies
a chance to show school patrons that
they are not wasting their time while
they are taking lessons In home opera
tion.
Program as outlined for *he even
ing Includes:
Opening ceremony, chapter; address
of welcome, Glen Summey: response,
A P. Bell, Sr.; Invocation, Rev. M. L.
Lewis; music, String Band; fun and
facts, J. A. Wilde; chapter accom
plishments, Truman Henderson; Future
Farmer Creed. Eugene Woodring: a
hunt for the Dtdelphis Vlrglntana,
Tolvln McCall; The Future Fanner
Organization, ,'ohn Rogers; toast to
Home Economics girls, Frank Whit
mire; response, Helen Whitmire; rec
ognition of guests, Chapter Adviser:
closing ceremony, Chapter.
Menu for the dinner wll’ be; Baked
chicken, dressing, glblet gravy, sweet
potato pudding, creamed potatoes,
string beans, beet and cucumber pickles.
Tomato salad, rltz crackers, hot bis
cuits, com muffins, peach pie a la mode,
chocolate covered nuts.
Officers of the Rosman chapter In
J elude John Rogers, as president; J. A.
Wilde, vice president: Russell Owen,
secretary; Robert Whitmire, treasur
er; Gerald Allison, reporter: Frank
Whitmire, watch dog; B. L. Lunsford,
adviser.
2 COUNTY BOARDS
ASKING ROAD WORK
Henderson and Transylvania
Seek Work On Highway
To Hendersonville
Transylvania and Henderson groups
i are petitioning the State Highway com
mission for relocating and surfacing
of U. S. 64 (Brevard to Hendersonville)
from a point at North Brevard to con
nect with pavement placed two years
ago.
The Hendersonville Chamber of Com
| merce and the Henderson county board
of commissioners 'each passed resolu
tions requesting the work, and the local
Chamber of Commerce and Transyl
vania commissioners have also re
quested the same.
Resolution of the Henderson civic
body follows:
Resolved that the Hendersonville
Chamber of Commerce Joins with our
County Commissioners In urging the
State Highway Commission to widen,
resurface and relocate where neces
sary, IT. S. No. 64 from Brevard toward
Hendersonville, a distance of six or
seven miles to a point where a similar
project was stopped several years ago.
U. S. No. 64 Is one of the most Im
portant highways In the XT. S. and be
tween IXendersonvIlle and Brevard car
ries all the traffic from the South,
East and West going to Brevard and
points West of there. We urge that
this project be given preference to the
end that It may be completed before
the opening of the X939 summer season.
The Transylvania board of commis
sioners in session here Monday passed
the following resolution, copies of
which have been sent to E. I* McKee
of Sylva, state highway commission
(Continued on Back Pane)
Send a year’s subscription
to your friends for Christmas
. . . they’ll thank you 52 times.
Sheriff and Coroner Elected
For 4 Year Term of Office
Sheriff George D. Shuford was elect
ed for a term of four years, according
to ruling made by Attorney General
Harry McMullan at Raleigh on Fri
day. The four-year term also applies'
to the office of coroner, to which J. C.
Wlke was elected In November.
Constitutional amendment making
four years the term of office for
sheriffs and coroners In North Caro
lina was carried In the state general
election on November 8, and It was
generally conceded that the four-term
applied to the present officers. How
ever, legal lights of the state said
following the election that the ruling
went Into effect with elections to be
held two years ago. This has been
over-ruled, and the terms of office be
gan by sheriffs and coroners through
out the state on Monday of this week
are for four years.
The amendment carried In the state
by a vote of 206,089 to 197,598. In
Transylvania county the vote was 1948
against and 1647 for.
The Attorney general, In making his
ruling said: “It seems to me that those
who voted for the amendment and
those who at the same election elected
the sheriffs and coroners, must have
contemplated that those elected should
hold for the term provided by the'
amendment.”
When sheriffs ana coroners are in
ducted Into office Monday, he con
tinued, the amendment will have been
adopted, certified by the governor, en
rolled in the office of the secretary of
state, and “In full force and effect"
The attorney general explained that
the ruling was made "tor guidance of
public officials," pending action on the
matter by the state supreme court
"It may be well reasoned and argued
that If the general assembly contem
plated that Its change of policy should
be postponed for so long a period as
two years after It had become a part
of the constitution," the opinion said,
“some language would have been In
corporated In the act to this effect. . »**■
To conclude that the amendment Is
effective for the newly-elected offl
cals, it was said, is not to Interpret It
as retroactive, but Instead gives It
operation "concurrent" with the elec
tion of the officers.
McMultan asserted that “no question
exists” but that the sheriffs associa
tion of the state, which campaigned tor
the amendment, expected that the
terms would be Immediately extended.