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0 / 75
v ' 1
VOL. LII, NO. 17
FRANKLIN, N. C, THURSDAY, APRIL 29, 1937
$1.50 PER YEAR
One Candidate Withdraws
Franklin's biennial election for
mayor and six aldermen will be
held next Tuesday, May 4, and
much interest is being manifested
by the voters of the town.
Mayor George B. Patton, who
is offering for reelection, is un
opposed, but there are 13 candi
dates for the six aldermanic places.
The 14th candidate, John Cunning
ham, has withdrawn from the race.
There have been about 40 new
names placed on the registration
list and a number of others are ex
pected before the books close.
Saturday will be the last day to
register, and all whose names are
not already on the list' and who
wish to vote, will have to see Reg
istrar C. A. Setser this week. ,
George Masbbum and Gus Leach
have been named as judges to hold
the election. ( ' :'
Following are the candidates for
aldermen: H. W. Cabe, W. W. Mc
Donnell, R. D. Sisk, C. B, Russell,
Pope Ellard, John Bingham, J. S.
Conley, J. O. Harrison, Paul Potts,
Grover Jamison, J. B. Henry, E. T.
Calloway and Richard Conley,
Statement from John Cunningham
Since filing my name as a candi
date for the Board of Aldermen of
he" Town of Franklin," I have con
cluded that it would be , impossible
for me to serve even if I- were to
I, therefore, desire to inform my
friends' and supporters that -although
my name will still appear
on the tickets at the election, I am
no longer a candidate and I re
quest that they vote for some other
one of the many good men who
are named thereon.
Highlands will also hold an elec
tion on May 4 for a mayor and
There are two candidates for
mayor, J. C. Mell and W. S. Davis,
and 11 candidates for the five
places as commissioner, as follows:
M. A. Pierson, L. W. Rice, D. W.
Wiley, G. W. Wilson, S. A. Wilson,
W. A. Hays, G. D. Edwards, H. S.
Talley, W. H.' Cobb, J. E. Rideout
and G.: W. Marett.
St. Agnes Rummage
.The rummage sale, conducted by
the ladies of St. Agnes' church;
will be continued Saturday morn
ing, May 1, , in -the Munday store
room building, recently occupied by
C. T. Blaine. "
Due to the heavy rain last Sat
urday, the sale was, closed early
and there are still many useful
articles of clothing and supplies for
the household to be sold.
fPfirp. listed below are sobiect
to change without notice.) .
Quoted by Farmers Federation, Inc.
Chickens, heavy breed, hens 13c
Chickens, light weight, lb. ... 9c
Eggs, doz. 16c
Corn, ibu. ...$1.20
Wheat, bu. ...$1.25
Potatoes, No. 1, bu. $1-35
Field peas, bu. .. $2.00
Yellow Mammoth Soy
V IJL.IUS, LIU W
LoUda Beans, bu. , $2.75
Virginia Brown. Beans, bu. ..$2.75 i
Quoted bv Najntahala Creamery
Butterfat, lb. . . .... . .. . , , 28c
To Begin At Clark's Chapel
Sunday, May 9
It is announced that a series of
revival services will be held at
Clark's Chapel, beginning Sunday,
Rev. J. J. Edwards, who is in
charge of the Franklin circuit, is
pastor of the church and will con
duct the services.
The members of the Clark's
Chapel church have been making
many improvements during the past
few weeks on the building and
grounds. 1 A fence has been built
and the roof of the church re
paired. Also the seats, windows and
doors have been painted and the
Clark's Chapel is one of the
most beautiful Jural church build
ings in Western North Carolina,
and the members take great pride
in keeping it clean and in good re
pair. : ' 1
Dunlap Appointed Chair
man; . L. McKee for
Governor Hoey made a clean
sweep in the highway and public
works commission Saturday . when
he named Frank Lemuel Dunlap
of Wadesboro, Anson county, now
assistantdirector of ,th budget..as
chairman to serve with' 10 ..new
Dunlap was appointed for a six
year term and the governor had
said the salary would be $7,500 a
year under the reorganization in
stead of the $6,000 yearly now paid
Chairman Capus M. Waynick.
Waynick, the governor announc
ed, has been tendered the position
of director of the division of pur
chase and contract at the same
salary he now gets.
Robert G. Dey ton, for 10 years a
member of the staff of the budget
bureau, was appointed assistant di
rector of- the budget to succeed I
Dunlap. The job carries a salary of
$6,000 yearly and a raise of $600
effective July 1.
Ten Arc Named
As commissioners of the 10 high
way districts to be set up by the
commission, the governor appoint
ed: First, D. Collin Barnes of
Hertford county, for si years ; sec
ond, Ernest V. Webb of Lenoir
county, for foijr years J third, Rob
ert Grady Johnson of Pender, for
two years ; fourth, T. Boddie Ward
of Wilson, for two years; fifth,
Samuel W. Bason of Caswell, for
four years; sixth, D. B. McCrary
of Randolph, for six years ; seventh,
Thomas R. Wolfe of Stanly, for
two yearsf eighth, J. Gordon Hack
ett of Wilkes, for four years ; ninth,
T. Max Watson of Rutherford, for
six years; and tenth, E. L. McKee
of Jackson, for two years.
Commissioners receive . pay only
for days worked.
The 1937 legislature rewrote the
highway and public works law to
increase the commission from seven
to eleven members and directed the
members to divide the state into
districts, with one from each. The
changes all become effective Mayl.
The retiring commissioners are:
Julien Wood of Chowan county, W.
C. Woodard of Nash, J. A. Hardi
son of Anson, Ross Sigmon of
Rowan, E. F. Allen of Caldwell, and
Frank W. Miller of Haywood.
The governor said that three pro
posed districtings of the state for
highway purposes were considered
by ' the legislature, and that he
made his appointments so that any
one might be used.
One of the plans of the legisla
tive committee, which the governor
said had no more certainty of'fce
(Continuad on ' Pag Two) 1
List of Those Passing 7th
Grade Examination On
One hundred thirty-seven seventh
grade pupils passed the high school
entrance examination held Saturday,
Following will be found the names
of those who passed:
Frances Ashe, Dorothy Anderson,
George Tessier, Richafcl Sloan,
Doris Werner, Gladys Baldwin,
Helen Jo Conley, Katherine Long,
Katherine Conley, Mary Evelyn
Moore, Helen Wurst, George Lee
Oliver, Dorothy Angel, .Ida Fugett,
Lois Clark, J. H. Oliver, Louise
Rowland, Ellis Conley, Clarence
Brooks, Hugh Rogers, Almona Row
land, Lucille. Reece, Geraldine Wells,
Ervin Dowdle, Pauline Rowland,
Lewis Patton, Louise Murray, Gol
man Pennington, Frank Saunders,
Kenneth Bryant, Doyle Rogers, D.
T. Green, John Wasilik, Maggie
Sue Estes, Josephine Brown, Kate
Ashe, Paul Dean, Porter Duncan,
T. L. Jamison Mary Evelyn Angel,
Andy Patton, Hazel Cunningham,
Sharilee Houston, Bobby Higdon,
Ruby Teem, Helen Potts, Bobby
Carpenter, Lemuel Crisp.
Donald Foster, "'fax Parrish,
Ruth Norton, Don Cabef "
"i Edith Miller, Burdell Sanders,
Dorothy Reid, John: Smith, Clifton
Crawford, Jimmie Higdon.
Frances Danielson. .
Marvin . Roper, R. L. Crawford,
Blake Rowland, Pauline Wild.
Virginia Lenoir, Florence Lenoir,
George Gray, Bobby Waldroop,
Mountain Grove .
Jean Taylor, Keith Gregory.
J, R. McCracken, H. D. Corbin,
Jr., Arthur Cabe, Louise Kinsland,
Katherine Ann Huggins, Frank
i Margurite Holbrook.
- . . Lmerty
Edison Gibson, S. H. Shepherd,
Jr., Carl Mason. .
Monnie Lee Edwards.
Lois Burrell, Mamie Addington,
Dorothy Penland, Edith Sellars,
Ruth Donaldson, William Ledford,
Eva Mae Donaldson.
Wallace Shepherd. ,
Ola Christine Dills, John Potts,
Dorothy Keener, Frankie Peek.
Birdell McClure, Elbert McCall.
, Clark's Chapel
Wayne Van Hook.
Paul Childers, Tearl Ashe.
. . Rose Creek -Paralee
Hoyt Oampitt, Marie Conley,
Roy Fouts, Wade Buchanan, Isa
bella Roper,. Collidge Morgan, Doris
Girls - Rebecca Beale, F ' e 1 i cj a
Z.. (OonUnued on Pact Elf at) '
Restraining Order Issued
Enjoining Appointment of
Delinquent Tax Collector
Will Be Observed Here
Poppy Day will be observed in
Macon county this year on Satur
day, May 1, Mrs. J. E. Perry,
chairman of the poppy committee
of the American Legion Auxiliary,
. Memorial poppies, to be worn in
honor of the world war dead, and
to raise funds for the welfare of
the disabled veterans and needy
families of the dead and disabled,
will be sold throughout the city
on this date by a group of "Poppy
Poppy Day is the day of person
al tribute to the men who " gave
their lives in the nation's defense.
On that day everyone can v show
that they still remember and honor
the sacrifices of those who lost
their lives in the war. The poppy
is their flower, made in their mem
ory, by their disabled comrades.
Exercises Held Friday
- r Nights at School r
Auditorium ; , j
The three days' program of the
closing exercises of the Franklin
high school began Wednesday eve
ning at 8 o'clock when a large
crowd, with the student body, as
sembled in the Franklin Methodist
church to hear the baccalaureate
sermon which was delivered by the
Rev. J. A Flanagan, pastor of the
FranklLn Presbyterian church. ,
The program began with the pre
lude, "Sun of My Soul" and "Abide
With Me," with Miss Virginia Mc
Guire at the organ. During the pro
cessional of the services, "Margo"
by- Handel was rendered, after
which the congregation sang "Wor
ship." The scripture reading, followed
by prayer, was given by the Rev.
W. B. Underwood, pastor of the
Franklin Baptist church. The choir
then sang "The Christian Life."
After the sermon on "What is
Your Life," the seniors sang their
class song, "Follow The Gleam."
Thursday , evening a. cast of 100
of the elementary grades presented
an operetta, "Flowers of the Na
tion," in the auditorium of the
high school building, which was di
rected by Mrs. R. M. Hudson, with
Mrs. Henry Cabe in charge of the
music, Miss Helen Patt6n design
ing the costumes and Mrs. Joyce
Cagle directing the dancing.
A large crowd gathered in the
high school auditorium Friday night
for the final program, the gradu
ation exercises, when 59 students
were awarded their diplomas.
G. L. Houk, principal of the
Franklin high school, was the prin
cipal speaker for the occasion, ow
ing to the unexpected illness of
the out-of-town speaker, also M. D.
Billings, county superintendent, who
was unable to attend on account of
illness. ' f
The invocation was rendered by
the, Rev. D. C McCoy, of Etna, a
There were more students in the
graduation class of 1937 than there
were in the entire high school
grades in 1922 when Mr. Houk
came to Macon county to be prin
cipal. Today there are more, than
500 students in high school. .'
The Macon county chapter of the
United ' Daughters of Confederacy,
each year offer a prize to some
(Continued on Pft Eight)
Judge F. Donald Phillips, after
hearing argument at Hayesville
Tuesday, issued a restraining order
enjoining the commissioners of Ma
con county from appointing a de
linquent tax collector as provided
in a bill enacted at the last session
of the general assembly.
Some 35 taxpayers joined in the
complaint seeking the injunction,
which set foj;th the claim that the
bill was unconstitutional, and this
contention was upheld by Judge
The bill was sponsored by Repre
sentative R. A. Patton, and would
have authorized the county commis
sioners at their regular meeting in
May to appoint a delinquent tax
collector at a salary not to exceed
$200 per month. He would be
charged with the collection of de
linquent taxes for the years 1927
through 1934 and empowered to
settle tax delinquencies as he deem
J. B. Gray, of Murphy, and Jones
& Ward, of Asheville, appeared for
the claimants, and Geo. B. Patton,
county attorney, appeared for the
commissioners. Representative R.
A. Patton, sponsor of the act, also
delivered an argument in favor of
Following is the text of the judg
ment rendered by Judge Phillips:
THIS CAUSE coming on to be
heard before His Honor, F. Donald
Phillips, Judge presiding and hold-'
ingUhe courts of the 20th Judicial
District, at Hayesville,' N.i Q at
1:30 p. m.,. on . the 27th day, of
April, 1937, pursuant to the require
ments of a notice and order here
tofore entered herein on April. 20th,
1937, requiring the defendants to
appear at said time and place, etc.,
the plaintiffs ' appearing through
their counsel Jones & Ward and
Gray & Christopher, and the de
fendants appearing in person and
also through George Patton, Es
quire, as' counsel, and being heard
upon the complaint, which was
used as an affidavit, no answer
having been filed by the defen
dants and no evidence having been
introduced on the. part of the de
fendants: And the Court upon the consider
ation of the complaint and affidavit
and of the Statute in question, and
upon hearing argument of counsel
for both the plaintiffs and the de
fendants, is of the opinion that
Sections one and two of said Sta
tute are unconstitutional and void,
but that the remaining sections
of said Statute are valid:
It is therefore adjudged that
Sections One (1) and Two (2) of
said Statute are unconstitutional
and void and therefore the defen
dants herein and each of them are
permanently restrained and en
joined from appointing, on the
First Monday in May, 1937, and
at any time thereafter, a delinquent
tax-collector under Section one of
said Act, and are further enjoined
and restrained from doing or per
forming any of the acts or things
set out in paragraphs one and two
of said Act, the same being Sec
tions one and two of said Act. '
'It is further ordered that defen
dants, do pay the costs of this ac
tion. F. DONALD PHILLIPS
Judge Presiding - and Holding the
Courts of the 20th Judicial District.
Sections 3. and 4 were held to be
valid and in effect. 'Section 3 pro
vides that no commissions shall be
paid on sales of land for unpaid
taxes. According to county records
there has been no payment of
commissions on these sales, so it
will mean no change in procedure.
The section also provides for pay
ment of ten cents each for tax
sale certificates. ,
Section 4 provides that no dis
count shall be given for early pay
ment of taxes.