(Ike JligblRnfci JBarsnnm
Published mry Tbundtr by the Franklin Press
At Pmnkiln, North Carolina
YQt 1 ?" Number Fifth Three
jones..
"TIPN?iDggKfa
u^CmKc.
.JMitor-Publlsbef
Entered at the Post Office, Franklin. N. C., as second class matter
Telephone No. M
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Obituary notices, cards of thanks, tributes of respect, by in
dividuals, lodges, churches, organizations or societies, will be re
garded aa advertising and inserted at regular flaw! fled advertis
ing rate*. Such notices will be marked "adv." in compliance
with the poetal requirements. * ?
New Year Resolution*
have no quarrel with New Year resolutions.
?? We are, in fact, in favor of them ? for the
other fellow.
In our own case, however, we've found several
very disconcerting and discouraging things about
resolutions made on January 1. In the first place,
we've made a lot of them ? but never kept one. In
the second, we've noticed in our own experience that
the custom of making good resolutions at the
New Year is used as a convenient excuse for post
poning until then all the good resolutions that
should have been made last February and March.
In the third, we have observed that, while every
body is much interested in his own New Year
resolutions and quite ready to talk about them,
nobody is interested in anybody else's.
In view of these and other considerations, we
have resolved on this New Year's eve to pub
lish our entire list of New Year resolutions. They
follow, in full:
? WW.Th.Njij
This newspaper is ndt in position to know boW
much the approaching general assembly cart ap
propriate to the various state institutions. Nor does
it feel ^lled upon to urge unduly large appro
priations for certain institutions just because they
are situated in Western North Carolina; all good
citizens, in fact, should hope that the legislators
will tjp^,to divide available funds among the in
dividual institutions in such a way as to best serve
the interests of the state as a whole.
On the other hand, it ' is hard for those of us
who live in this region to see why an institution
should be neglected just because it happens to ho
in the mountains. And certainly two of our mount
ain institutions have had far less than their share
of funds in the past ? Western Carolina Teachers
college, at Cullowhee, and the Western North
Carolina Sanatorium, near Black Mountain.
W. C. T. C. is the only college in this end of
the state; it serves a large area and population,
where the need is great. The same is true, in
perhaps multiplied measure, of the Black Mount
ain sanatorium ; unless memory is in error, it
always has a long waiting list ? and waiting, when
one has tuberculosis, is likely to be fatal.
Most Western North Carolinians would agree
that these institutions should have a larger share
of the total appropriations than the area and
population they serve, and the need, warrant. But
those who are informed will agree, too, that if
they get their fair share, they will be better off
than ever before:
A Fantastic Story
What is perhaps the most amazing news story
of the year recounts the sucess of Ohio officials
in preventing the return of Ira N. Coston, 45-year
old Negro, to Henderson county to face trial on
a charge of attempted rape of a 17-year old girl.
Last week Coston was freed, when the Lorain,
Ohio, municipal judge refused to order the Negro's
extradition to North Carolina.
Here, according to the Lorain dispatch, is what
happened :
The extradition attempt ?u the fourth ku?li>i(
Cos ton since August.
Cos ton, who said he fled to Ohio to escape mob
violence (Editor's Note: No newspaper reported a threat
of mob violence at the time) after his accusations dm
first arrested hi Lorain August 7, -where he waa staying
with his parents.
A V. S. commissioner in Cleveland freed him, but ho
was immediately re-arrested by a Cuyahoga County
sheriff and turned over to Deputy Sheriff Sam Rhodes
}| Henderson County. Paul Walters of Cleveland, Con
tent's attorney, interceded Rhodes at Cin hi? tl where
a habeas corpus writ had been issued.
Next Coston was returned to Cleveland and set free
by Common Pleas Judge Charles McNaanee. He then was
picked up again tn Lorain as a fugitive and his extra
dition to North Carolina was requested.
An extradition hearing by Robert L. Ratchford, Gov.
Thomas J. Herbert's executive, secretary, found insuf
ficient grounds to require Cos ton's return.
Ratchford said he would recommend that Got. Herbert
inform the North Carolina governor that evidaaee rnmm
lacking to honor extradition, he said the governor
usually follows such recommendations.
Then the story ends with this final fantastic
touch :
WaMcfes asserted the charge grew out of the desire
( at Oostan's neighbors to obtahi his fama an which
about 1,000 fruit trees soon will start bearing.
The Ohio court officials involved undoubtedly
feel themselves heroesSor having saved the Negro
from trial in the benighted South. But has it oc
curred to them that what they did is liittle better,
in so far as legal justice is concerned, than lynch
ing? For both are interferences with legal justice
? one by punishing a man without a trial, , the
other by preventing the trial from taking place.
I , LETTERS *
CRIME AND EDUCATION
Dear Mr. Jones:
Your recent editorial concerning penology, apparently en
gendered by the Bern Oarland trial, ha* given me reaeon
for very serious thinking. I have also heard comment* to
the effect that you might be critical of the severity of the
punishment imposed; I have hastened to explain that yaw
attitude is not critical but one inquiring into the reason
fa* punishment and Its limitations.
Penology Is the science of punishment tot crime, in both
Its deterrent reformatory aspects.
It is a hard lot any human being has to pass Judgement
upon another, especially an officer of a court under cir
cumstances where a great deal about the person at baf is
not known except the fact of his crime and Its magnitude. The
matter of judgement is to a degree deecrettonary yet the
time limitations are mandatory.
You mention a possible alternative 1b * change not af
fecting the right of the Trial Judge in sentencing the prisoner
but leaving the time element to the prison authorities; this
depending upon the attitude, demeanor and general disposi
tion of the culprit as a vital factor in his earning his right
of discharge. That is now the function at the Parole System
and I believe it is serving a very useful cause when properly
admnistered. There again, however, we must be confronted
with the human equation.
We speak or hardened criminals. Is then any less degna
of guilt If a man commit ten crimes In sis months that the
type and number over a period of six year*
Personally I believe a great deal of our criminals art the
product of educational neglect, especially In the young years
of their life. The Bible tell us to: "Train a child In the way
he should go and when he become a tun ha will not depart
therefrom". I believe, too, that If eaah of as had mora of
and taught tolerance, something substantially good would
result, though it might require generations.
Your editorial via and fcilUll? llr written, t
yo 5? m *** te (l*? ?**
mittMuTint^ ^ ?..be commended tor your courage In
STwmiT tlwughu that should eravely concern
SlnoeWly yoUrs,
T. D. BRYSON, JR.
Solicitor, Twentieth Judicial District
Franklin, N. c.( ?* N?fth Carolina
December 21, 1SM8.
LEGAL ADVERTISING
ADMINISTRATOR'S NOTICE
Having qualified as adml i s
trator of Robert P. Sanders, de
ceased, late of Macon County,
N. C? this Is to notify all per
sons having claims against the
estate of said deceased to ex
hibit them to the undersigned
on or before the 19 day of
November, 1949' or this notice
will be plead in bar of their re
covery. All persons Indebted to
said estate will please make Im
mediate settlement.
This 19 day of November, 1948.
EDMOND SANDERS
Administrator
N25 ? 5tp ? ltc ? D30
National Forest Timber
For Sale
Sealed bids will be received
by the Forest Supervisor, Frank
lin, North Carolina, up to and
not later than 2:00 P. M., Jan
uary 17. 1949, and opened im
mediately thereafter (or all th
merchantable live and dea.
timber designated for cutting
on an area embracing abaui
1100 acres within the Ray
Creek Unit of Burningtown
Creek, Little Tennessee Rlvei
watershed, Macon County, Nan
tahala National Forest, North
Carolina, estimated to be 15C#
cords (128 cubic feet) of chest
nut extractwood, more, or lehs.
No bid of less than 50 cents
will be considered. In addition
to price bid for stumpage, a
deposit of 10c per cord for all
wood cut will be required lor
sale area betterment work. $200
must be deposited with each
bid, to be applied on the pur
chase price, refunded or re
tained in part as liquidated
damages, according to condi
tions of sale. The right to re
ject any and all bids is re
served. Before bids are sub
mitted, full information con
cerning the timber, the condi
tions of sale and the submission
of bids should be obtained from
the Forest Supervisor, Franklin,
North Carolina.
D16 and D30
NORTH CAROLINA
MACON COUNTY
Under and by virtue of the
power of sale vested In the
undersigned trustee by a deed
of trust executed by Betty Ad
dington and husband Tom Ad
dlngtan, dated July 22, 1948,
and recorded in the office of
the Register of Deeds for Macon
County, North Carolina, in Book
of Mortgages and Deeds of
Trust No. 42, page 184, said
deed of trust having been exe
cuted to secure certain Indebt
edness therin set forth, and de
fault in the payment of said
Indebtedness having been made,
I will on Saturday the 15th day
of January 1949, at 12 o'clock
noon, at the Courthouse door
In Franklin, North Carolina, sell
to the hlgest bidder for cash
the following described land:
Lets Nos seventy (70) and
seventy-one (71) in a plat
of land known as the O. M
Bui gin farm subdivision
in Franklin Township, Macon
County, North Carolina, on
State Highway No. 28, as
shown by survey and plat
made by J. Wayne Hlgdon,
Surveyor, September, 1937,
which plat is recorded in
the office of the Register of
Deeds for Macon County,
North Carolina, in Plat Book
No. 1, at Page 8?, to which
?aid survey and plat and
record thereof reference is
hereby made and had for a
more particular description
of the land hereby conveyed.
This the 14th day of De
cember, 1948.
H. W. CABS, Trustee
D2S ? 4tc? JJ? J1J
NORTH CAROLINA
MACON COUNT*
Under and by virtue of the
power of sale vested In the
undersinged trustee by a deed
of trust executed by John R.
Brendle end wife Peggy Bren
dle, dated April 21, 1M7, and
recorded in the office of the
Register of Deeds for MaOoti
County, North Carolina, In Book
of Mortgagee and Deeds c t
Trust No. 40, page 368, said
deed of truet having been exe
cuted to secure certain lndebt
ednees therein set forth, and
default in the payment of said
Indebtedness having be?n made.
1 will on Saturday the 22nd
dav of January, 1048, at 12
?^efack Booo^ ^ courthouse
Una, sell to the highest bidder
for cash the following described
land:
A tract or parcel cf 1 nd.
situated In MUlshoal Town
ship, Macon County, North
Carolina, and being the same
described tract of land as
described In a deed conveyed
by C. F. Mo.dy and wife t
Maggie D. Moody to JotUV-tiflf
Brendle and _ wl?e^ Pegged
Brend^^gated the 21st day
of Aprn, 1947, and registered
In Book , Page
Reference Is hereby mad > t.>
said record for a more com
? plete description of said land
In the Register of D tds
Office for Macon Oounty,
N. C.
This 21st day of December,
1948.
R. S. JONES, Trustee
D30 ? 4tc ? JJ ? J20
NORTH CAROLINA
MACON COUNTY
Under and by virtue of the
power of sale vested In the
undersigned trustee by a deed
of trust executed by Buster
Mashbum, dated September IL -?
1947, and recorded in the f
i ice of the Registe f of
tor Macon Oounty, North r .
Una, In Book of Mortgage;
Deeds of Trust No. 40, *"?
314, said deed of trust h
been executed to secutt,n'ca'
tain Indebtedness therein *
forth, and defalult in the pay-*
ment of said Indebtedness hav
ing been made, I will on Sat
urday, the 22nd day of January,
1949, at 12 o'clock neon, at the
Courthouse door In Franklin,
sell to the highest bidder for
cash the following described
land:
A tract or parcel of land,
situate in Cowee Township,
Macon County, North Caro
lina, being the same tract of
land as described in a deed
made by C. F. Moody and
wife Maggie D. Moody, bear
ing date df-tiept. 8th, 1947,
to Buster Mashbum, con
taining 350.0 acres more or
less. Reference is hereby
made to the records of
Macon County for a more
full and complete description
of said land; said deed Is
registered In Book ,
Page in the Register
of Deeds Office for Maoon
County, N. C. '
This 21st day of December,
1948.
R. 8. JONES, T.ustee
D30 ? 4tc ? JJ ?J 20
ADMINISTRATOR NOTICE
Having qualified as adminis
trator, c. t. a. of Mary Esther
Huger III, deceased, late of
Macon County, N. C., this is to
notify all persons having claims
against the estate of said de
ceased to exhibit them to the
undersigned on or before the
20th day of December, 1949 or
this notice will be plead in bar
of their recovery. All persons
indebted to said estate will
please make immediate set'.le
ment.
This 20th day of December,
1948.
WARREN W. CUNNINGHAM
Administrator
D30 ? 6tc ? JJ ? F3
EXECUTOR NOTICE
Having qualified as executor
of Charlotte B. Elliott deceased,
late of Macon County, N. C.,
this is to notify all persons
having claims against the es
tate of said deceased to exhibit
them to the undersigned on or
before the 20th day of Decem
ber, 1949 or this notice will be
plead In bar of their recovery.
All persons Indebted to said
estate will please make Imme
diate settlement.
This 20th day of December,
1-948.
WARREN W. CUNNINGHAM
Administrator
D30 ? fltcJJ? F3
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Burial Association
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