Newspapers / The Franklin Press and … / May 28, 1936, edition 1 / Page 8
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THURSDAY, PAGE EIGHT THE FRANKLIN PRESS AND THE CAPITAL NEWS BRIEFLY TOLD Guffey Act Unconstitu tional; Landon Seen as Likely GOP Nominee (Special to The Prei»-Maconian) WASHINGTON, May 27.—In its decision declaring the (iuffey Bitu minous Control Law unconstitution al, the Supreme Court of the Unit ed States followed in the main the Mime line of reasoning which led to the death of NRA. The grounds for throwing out both of these acts, NRA and the (juffey Coal Act, are tliat the production of coal, like th; slauglitering of chickens, is not inter-state commerce and there fore Congress has no power to regulate it. On this point the Su preme Court divided, six to three, exactly the same line-up as in the NRA decision, with Justices Bran- deis. Stone and Cardozo in the minority. ^I'he majority opinion held that the regulation of wages, hours and conditions of labor in the soft coal industry is a local matter ti> •be settled IcKally. It also helil that the law delegated legislati\e auth ority unconstitutionally. The Court also ruled against another major feature of the (nif- fey Act, the taxation ])rovision. 'I'he law provided for an excise lax of 15 per cent of the total value of coal mined, to be paid by the mine operators; but operators who sign ed the soft coal code were to re ceive a rebate of 90 per cent of Ihis tax. This, the Supreme Court held, was an improper and uncon stitutional use of the taxing power to impose a penalty u|)on operators who refused to be coerced into signing up. Annulment Expected The annulment of the Guffey Act by the Sujireme Court was not iin- erpected. It was commonly referred to in Washington as “The Little NRA.” In principle it differed in noway from the National Recovery Act, and serious doubts as to its (.Constitutionality were lield by lead ers of both parties in Congress at the time of its enactment. It was pending at the time of the NRA decision last Summer, and the tendency then was to drop it be cause it so clearly seemed to be exactly parallel to NRA. Jt was at that critical moment that the Presi dent wrote to Representative Hill, Chairman of the Ways and Means Committee, expressing the hope that the Committee would not let any doubts of the constitutionality of the (luffey Bill prevent its be ing rejwrted to the House for ac- tion. The real reason behind the bill’s passage was the threat of the I nited Mine Workers of a general coal strike on September 15, last year, unless Congress passed some law that would compel the mine owners and operators to accede to the demand of the union for short er hours and higher pay. Excise Tax Refund? Many large niine owners who re fused to sign the code paid the ex cise tax under protest, at the same lime starting legal proceedings to have the law declared unconstitu tional. About $700,000 of these taxes collected or deposited in court may have to be refunded. Chief justice Hughes, while con curring in the majority opinion of the Court, wrote an individual opin ion in which he held that some features of the (iuff-ey Law might be constitutional if they could be separated from the unconstitutional jrhases of it. Resettlement Decision On the same day that the Guffey ••\ct decision was handed down, the Court of Appeals of the District of ('olumbia handed down a decision that the Rural Resettlement Ad ministration, created by the Presi dent under the Works Progress •Administration, with Dr. Rexford Ci. TugAvell at its head, was an un constitutional delegation of power under the WPA Act. While this decision is not final, and will be carried to the Supreme Court, it is notable as the first judicial reversal of any of the applications of the $4,S(X),000,000 Works Relief fund which Congress gave to the Presi dent -early last year, to use in his own discretiorr. Naturally, the question which everybody in Washington is asking is as to the political effects of these new anti - Administration Court decisions. Coming as they did, almost on the eve of the party conventions, it is to be expected that every ])Ossible effort to utilize them for party ends will be made by the Reiiublicans. G. O. P. Harmony Republican leaders are talking more confidently than they were a few weeks ago. There has been a decided stiffening of Republican morale in the past fortnight. How much Bruce Barton’s selec tion as the party’s publicity ad viser has had to do with this is de batable, but most observers believe that his influence has been con siderable. Less is being heard now of the l)Ossibility of Senator Borah s throwing a monkey wrench into the party machinery. There appears to be a more general acceptance among party leaders of Gov. Lan don, who is now regarded as al most ccrtain to be nominated on the third or fourth ballot at Cleve land, with the good will of all of the important factors in the party behind him. Former President Hoover’s pub lie statement that he is not and will not be a candidate for the nomination, cleared the political air while his declaration (hat he is not opposed to any candidate is taken to mean that he will ]iut no ob Stack'S in the way of Gov. Lan- don’s nomination. Senator Vandenberg is now prac tically the only possible compro- mis-e choice in case Landon does not gain the nomination, but polit ical stategists are suggesting that it would strengthen the ticket to nom inate him for Vice-President, with an eye to 1940 in case of a Re publican defeat this year. LEGAL ADVERTISING ot LEGAL advertising NOTICE OF SALE By virtue of an order of sale, duly entered in the Superior Court of Macon County, in the case of I.ee Poindexter, et al vs. Charlie ..Morgan, the undersigned receivers will on Monday, June 22, 1930, at 12 O’clock M. at the courthouse door, in the County of Macon, State of North Carohna, sell for cash the following described lands: Lying ' and being in Macon County, North Carolina, known as Lot No. 3, Block No. 3, in a tract of land known as the Lyman Field, and surveyed and mapped by W. B. McGuire. Reference be ing hereby had to said map as so recorded in iiook 1-3, Pages o6 and 57, Records of Macon County, for a fuller and more particular descrip tion of the land and lots hereby conveyed. This the 19th day’of May, 1936. R. S. JONES, Receiver R. I). SISK, Receiver. M28—4tc—RDS—J18 NOTICE OF SALE By virtue of a power of sale con tained in a Deed of Irust from VV. L. Angel, Jr., to the under signed trustee, dated, March 4, 1930, and recorded in Book 32, Page 151, records of Macon County, and de fault having been made in the pay ment of the debt secured thereby; 1 will on Saturday, Jimc 20, 1936, at 12 O’clock M., at the courthouse door in Franklin, Macon County, North Carolina, sell at public auc tion for cash the following describ ed tract of land: All that tract of land lying and being in the County of Macon, State of North Carolina, adjoining the lands of John Burleson, BE GINNING at a white oak, the Raleigh people’s and J. B. Burle son’s property, on the S side of the branch near the head, and runs S 60 E 14 P to a spanish oak, J. B. Burleson’s corner; then S 16 E 26 P to a stake and pointers, Burleson’s corner in an old line; then S 06 F, with old line 51 P to an old white oak stump on the E side of the old trail, the Burle son’s corner; then N 14 W 116!^ P to a black oak stump, the Raleigh people’s corner on top of a ridge, said corner being witnessed by pointers; then S 33 W w’ith the Raleigh people’s line 70^ P to the beginning. Containing 21^ acres, and being the said land conveyed by a deed from J. A. Martin, Trustee in Bankruptcy, to W. I.. Angel, Sr., by deed dated, March 2, 1917, and recorded in Book Z-3, Page 444, office of the Register of Deeds for Macon County. This the 19th day of May, 1936. G. A. JONES, Trustee. M28—4tc—RDS—J18 i^oTiCt. Or SAL,. Of- LAND \vnr.KtAb, on tne oth uay Feuruary, Mihord Kuss.u anci Annie ij. Russell executed an delivered unto VV. irusiee for Land Bank Comm.- sioner, a certain deed ^ which IS recorded in the otf.ce o ,n.e Register of Deeds tor Macon County, North Carolina, in Book at Page 533; and WHLKEAS, detault has beei made in the payment ol tho in debtedness thereby therein provided, and the has been requested by the owner and holder thereot to exercise th power of .sale therein contained: NOW THEREFORE, under and by virtue of the authority confer red by the said deed of trust the undersigned Trustee will on the 22nd day of June, 1936, al the co,ur {jouse door of Franklin, Macon County, North Carolina, at twelve o’clock noon offer for sale to the highest bidder for cash, the follow ing real estate; All that certain tract of land containing one hundred ^ ninety- seven and 5/10 acres, (197.5) acre,s, known as the Milford A. Russell Home Place in Highlands Town ship, Macon County, North Caro lina, located on the Highlands-Dil- lard road about two and one-half (IYj) miles west of Higldands, North Carolina, and now in the possession of Milford A. Russell, bounded on the north by lands of Henley and CMyron Russell, U. S. Government, on the cast by T. G. Harbison lands; on the south by the lands of United States Gov ernment, on the west by lands of United Stales Government, Henley and Starkey lands. Said tract of land is more particularly described according to a plat prepared by R. E, Norton, Surveyor, on the 6th day of September, 1936, as follows, lo-wit: BE(i,INNING at a pipe on the north bank of the Highlands-Dil- lard road in the line of the Starkey land, runs thence north 42 degrees west 11 chains to a pipe; thence north 40 degrees east .50 of a chain to a stake; thence south 56 degrees east 4.10 chains to a stake; thence north 26 degrees east 4.78 chains to a chestnut oak; thence north 50 degrees west 3 chains to a stake; thence north 39 degrees east 14.50 chains to a red oak; thence south 48 degrees 30 minutes east 3.12 chains to a stake; thence north 60 degrees east 31.85 chains to a stake; thence south 8U de grees east 9.25 chains to a stake; thence south 03 degrees west 28.7U chains to a white oak; Ihenoe south 44 degrees west 48.50 chains to a stake; thence north 83 de grees west 3.70 chains to a white oak; the,nee south 29 degrees east 1.85 poles to a red oak; thence south 67 degrees west 2.U6 chains to a white o,ak; thence north 30 degrees 35 minutes west 21.75 chains to a stake on the east bank of Highlands-Dillard road; thence with said road north 15 degrees 35 minutes east 3.14 chains to point; thence north 03 degrees west 3.03 chains to a point; thence north 72 degrees 40 minutes east 1.57 chains to a point; thence north 31 de grees 10 minutes East 3.79 chains to the BEGINNING. Copy of said plat now being on file with the Agent of the Land Bank Commissioner, at Columbia, S. C. Said property being advertised for sale, and sold subject to an outstanding first deed of trust ex ecuted by Milford A. Russell and Annie G. Russell, recorded in Book 32 at page 533, Registry of Macon County. This the 21st day of May, 1936 W. O. McGIBONY, Trustee ^r28—Itc-J&J-JlS legal ADVERT!^ ^ plaintiff of ilacon ^ to the end that__the Court for the relief demanded said complaint. _ This the 9th day Q ^ ^3^- HARLEY R. CAbJi, Clerk Superior Court, Macon County, North Carolina. M14-4tc—J&J—J4 LEGAL ADVERirj^ “ 1937, or this notice will~^- bar of tbeir recovery, indebted to said estate vvil|‘. : make immediate settleme,,?': 28th day of April, 1935 i J. H. STOCKTON f, A30—6tc—J4 ’ *1; notice OF SALE North Carolina Macon CiMinty Under and by virtue of the pow er of sale contained m a deed 0 trust from John P. Rickman and wife, Nellie Rickman, to the tinder- signed Trustee, dated November 6, 1931 and recorded in office of Reg ister of Deeds for Macon County in Book No. 31, of ^lortgages and Deeds of Trust, page 526, and de fault having been made in the pay ment of the indebtedness secured by said Deed of Trust and demand made on the undersigned Trustee to exercise the power of sale con tained therein, said undersigned Trustee will, therefore, on Thurs day, the 11th day of June, 1936, at 12 o’clock, noon, at the court house door in the Town of Franklin Macon County, North Carolina, sell to the highest bidder for cash, to satisfy said indebtedness, the fol lowing described tract or parcel of land: Being all the lands described in a deed from D. C. Stockton and Noma Stockton to John P. Rick man, dated September 26, 1922, and registered in 1-4, Page 29, on the 12th day of October, 1922, for a moie complete description, adjoin ing the lands of C. W. Dowdle and others. This 9th day of May, 1936. J. FRANK RAY, Trustee. M14—4tp—J4 NOTICE OF SUMMONS North Carolina Macon County IN THE SUPERIOR COURT BEFORE THE CLERK E. E. Cabe, Ellie Cabe, Widow, Lester Cabe, Jake Cabe and wife, Edna Cabe, Sadie Ammons and husband, Gordon Ammons, vs. J. B. Caibe and wife, Blanch Cabe, George L. Cabe, C. R. Cabe, Minor, Harley W. Cabe. The defendants a,bove named will take notice that an action entitled as above has been comm'enced in the Superior Court of Macon County, North Carolina, for the purpose of selling land in which the defendants have an interest and the said defendants will fur ther take notice that they are re quired to appear at the office of ADMINISTRATRIX Ncif Having qualified as ' tratrix of Charles Ray^ Carty, deceased, late of t|| county, N. C., this is to persons havmg claims agaii?| estate of said decea.sed to them to the undersigned fore the 23rd day of April this notice will be plead infl their recovery. All persons B ed to said estate will pleasi" ■ immediate settlement. Thisiy of April, 1936. ! NANCY JANE McCi,": Administratrix. A30—6tp—J4 EXECUTOR’S NOTlCEji Having qualified as execs' Dorothy McPherson FariiJ deceased, late of Alacon I N. C., this is to notify all J having claims against the ei3 said deceased to exhibit y the undersigned on or bey 8th day of- April, 1937, 0,1 • notice will be plead in barolj recovery. All persons indef said estate will please mafei mediate settlement. This8llit, April, 1936. j Patrick Thomson FamJ Executor. A23—6tp—M28 EXECUTOR’S NOTICE Having qualified as exec, Mrs. Anna Jones, deceased, IJ Macon county, N. C,, thisl notify all persons having I against the estate 9f said M to exhibit them to the undeiJ o,n or before the 9th day oil 1937, or this notice will k] in bar of their recovery, ,^1| sons indebted to said estjuj please make immediate s'etii This 9th day of May, 1936, L. A. JONES. ^ Executor, M14-«tp—J18 EXECUTOR’S N0T1CE| Having qualified as execs' T. W. Rhodes, deceased, la Macon county, N. C, tliii notify all persons having J against the estate of said des to exhibit them to the undeq on or before the 29th day of; 1937, or this notice will be pis bar of their recovery. All f indebted to said estate will I make immediate settlement 29th day of April, 1936. H. G. CABE, Esf A30—6tp—J4 ADMINISTRATOR S NOTi Having qualified as adminis of J. R. Guyer, deceased, 1* Macon county, N. C., this notify all persons having against the estate of said de to exhibit them to the under on or before the 9th day ol NOTICE OF PUBLICATION North Carolina, Macon County. IN THE SUPERIOR COURT Ihe Federal Land Bank of Co lumbia, Plaintiff, against G. T. Brovyn, Annie Brown, Mc Gowan Mahoney Company, Perry Jones Chev Co., Haynes Henson Shoe Co., L. B. Phillips W C Ledbetter, William Garland Trus- Franklin,’ Eliza beth Slagle, C. G. Stamey 0 C Bryant, Defendants. The defendants, McCowan Ma honey Company, Perry Jones Chev rolet Company, Haynes Henson Shoe Company, William Garland, 1 nistee, will take notice that an action as above entitled has been Macon'CouLy’^inp"^^^^^ | 193J or this notice will k of July, L?-.ISrt^'^^iresta. please make immediate settl This 9th day'of May, 1936, ARVIL GUY Administrator M14-^tp—J18 1936,^ and answer or demur to' the petition m said action, or the plain tiffs w-ill apply to the Court for rehef demanded in said petition. I his the 13th day of May 1936 HARLEY R. CABE, M14-4tp-S"‘'' NOTICE OF ENTRY State of North Carolina Macon County Entry No. 15015 100 acrL r’f p ® land on the waters of Parmdg, c,e,k cf M.con Couni,. er on the Northeast boundary line of a tract conveyed to him by J P Partridge creek *thpnr . °f Northeast t j ® ^ ‘bourse ivwmeast toward Tpllirr^ u lands in said bounda«''"‘^“‘ more or less. ‘"'^’^^-100 acres ”lhis 21st of May^ 193^ M21-4tp-jn^^^ E- T. EXECUTOR^l^^Cg Alice" R of Macon coun^ N notify all per’so^^ against the estate ^ to exhibit them to 1 on or before the the 28th day of April, EXECUTOR’S NOTIC: Having qualified ,as execm W. B. Lenoir, deceased, 1 Macon county, N. C, this notify all persons having against the estate of said d' to exhibit them to the vnii on or before the 14th day 0 1937, or this notice will b in bar of their recovery. * sons indebted to said est* ple.ase make immediate sett This 14th day of May, GEO. DEAN GEO. B, PAT M21—6tc—J25 Ex Procurem€Dt Division, Works Branch, Washingto®: May 13, 1936—Sealed bids« cate will be publicly opened office at 10 a. m., June 3, 1 furnishing all labor and ^ and performing all work W greens, in the U. S. P- Franklin, N. C. Drawirigs ifications, not exceeding tnay be _ obtained from the ci of the 'building or at this c the discretion of the Assis rector of Procurement, Works Branch. W. E. ^ -Assistant Director of Public Works Branch. M21—2tc—M28
The Franklin Press and the Highlands Maconian (Franklin, N.C.)
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May 28, 1936, edition 1
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