v ' 1 II ' INDEPENDENT PROGRESSIVE LIBERAL VOL. LII, NO. 17 FRANKLIN, N. C, THURSDAY, APRIL 29, 1937 $1.50 PER YEAR TOWN ELECTION NEXT TUESDAY One Candidate Withdraws Thirteen Remain In Race 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 The 14th candidate, John Cunning ham, has withdrawn from the race.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 be elected. 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. JOHN CUNNINGHAM. Highlands Election Highlands will also hold an elec tion on May 4 for a mayor and five commissioners.11 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 Sale Continued .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. Franklin Produce Market LATEST QUOTATIONS 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 Revival 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, May 9. 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 floor oiled. 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 IWHIGHWAr conssioN Dunlap Appointed Chair man; . L. McKee for 10th .District 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 members. ' 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) 1 137 PROMOTED TOHIGHSCHOOL List of Those Passing 7th Grade Examination On April 10th One hundred thirty-seven seventh grade pupils passed the high school entrance examination held Saturday, April 10. Following will be found the names of those who passed: Franklin ' 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, Frank Curtisi tfigcbimlle Ruby Teem, Helen Potts, Bobby Carpenter, Lemuel Crisp. Mountain View Sally Ledford. Otto Donald Foster, "'fax Parrish, Ruth Norton, Don Cabef " ""r''o"'-' "i Edith Miller, Burdell Sanders, Dorothy Reid, John: Smith, Clifton Crawford, Jimmie Higdon. Rainbow Springe Frances Danielson. . Oak Dal Marvin . Roper, R. L. Crawford, Blake Rowland, Pauline Wild. Hickory Knoll Virginia Penland. SUgie Virginia Lenoir, Florence Lenoir, George Gray, Bobby Waldroop, Wonnie. Kenny. Mountain Grove . Jean Taylor, Keith Gregory. Holly Springs J, R. McCracken, H. D. Corbin, Jr., Arthur Cabe, Louise Kinsland, Katherine Ann Huggins, Frank Crisp. Academy i Margurite Holbrook. - . . Lmerty Edison Gibson, S. H. Shepherd, Jr., Carl Mason. . Buck Creek Bee Shook. Burningtown Monnie Lee Edwards. Union Lois Burrell, Mamie Addington, Dorothy Penland, Edith Sellars, Ruth Donaldson, William Ledford, Eva Mae Donaldson. Cowoa Wallace Shepherd. , Mulberry Roberta McDowell. Oak Grove Conley Bradley. Pine Grove Ola Christine Dills, John Potts, Dorothy Keener, Frankie Peek. Gold Mine Birdell McClure, Elbert McCall. , Clark's Chapel Wayne Van Hook. Allison-Watts Kenneth Cruse. Olive HiU Paul Childers, Tearl Ashe. Salem Claude Evans. . . Rose Creek -Paralee McCall. Iotla ' Hoyt Oampitt, Marie Conley, Roy Fouts, Wade Buchanan, Isa bella Roper,. Collidge Morgan, Doris Fouts. HIGHLANDS DISTRICT Highlands Girls - Rebecca Beale, F ' e 1 i cj a Z.. (OonUnued on Pact Elf at) ' Restraining Order Issued Enjoining Appointment of Delinquent Tax Collector Poppy Day Will Be Observed Here Next Saturday 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, has announced. . 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 girls.", 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. 59 GRADUATED AT HIGHSCHOOL 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 Baptist minister, 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 Phillips. 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 ed fit. 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 its constitutionality. Following is the text of the judg ment rendered by Judge Phillips: Judgment 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. v S

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