North Carolina Newspapers

mm Haconiatt Price 6 Cents < . - VOL. LXTV? NO. 49 TFN PAGES Attorneys Say Macon School Bonds Invalid i - ? ? : La 1 *7 Ban ft it m mm Topton Man Given 12-18 Month Term For Manslaughter 2 .Other Defendants Get Road Sentences; Civil Court Completed Ralph Hardin, of Topton, was found guilty of manslaughter by a Macon County jury in su perior court here Tuesday, and was sentenced by Judge Dan K. Moore, of Sylva, presiding at the December term of court, to 12 to 18 months. The case grew out of the death of Paul Wright, also of Topton, In a jeep accident. The accident took place near Topton last summer, and the case was continued when it came up .at the term of court last August. Counsel for the defendant gave notice of appeal to the supreme court. Court opened here Monday morning, and the criminal dock et was completed Tuesday after noon. The trial of the civil docket got under way Wednes day rrromtng, with indications it would be completed in a day or a day and a half. The cases of John Wiley Le ncir, charged with manslaugh ter in connection with the motor vehicle death of Tony Stephen Bateman. child of Mr. and Mrs. Gene Bateman, and of Walter David Huff, with op erating a motor vehicle intoxi cated and recklessly, resulting in the death of two Negroes near the Georgia line, were con tinued to the next term of court." Also continued was the case of James Hoover Henson, charged with reckless driving and failing to stop after an ac cident. Hardin was one of three de fendants to draw road terms. The others were George Thompson and Roy Price. Thompson was given eight months for violating the pro hibition laws, and Price was given 12 months for abandon ment. In the second of two abandonment cases Price was given 18 months, suspended on condition he start paying $50 ' .1 A Do You Remember . . . ? (Looking backward through the files of The Press) ' 50 YEARS AGO THIS WEEK The Baptists at Sugar Fork have a new house of worship In course of erection. It is 50 by 34 feet, built of brick, and of modern design. It will soon be ready to receive the roof. W. L. Higdon, Esq., chairman build ing committee, Higdonville, N. C., will receive all contribu tions. Ellijay High school has just entered upon its first sesson. Prof. Will R. Rickman is prin cipal, and J. F. Slagle the assis If any person in Franklin, or , in Macon County, has a copy of "The Franklin Observer", the first paper published in Frank lin by Malcomb Stafford, Just before the Civil War, we would like to see it. _ - ? - 1 25 YEARS AGO Mr. C L. Emerson, chief con struction engineer, with Robert & Company, reached Franklin Tuesday to discuss with the town board the plans for the municipal power dam. Mr. and Mrs. J. D. Stiles gave a nice Thanksgiving (tinner No vember 25 ? Riverside item. Miss Mollie Hood, who was well known In Franklin, died rt Whittier hospital November 23. 10 YEARS AGO Mrs. R. s. Hall, of Franklin, Route 3, entertained with a din ner Sunday, honoring her hut band on hU 87th birthday an niversary. Brief Report Of Grand Jury Lists County Home Needs A list of needs at the county home featured the brief report of the Macon County grand Jury, filed with Judge Dan K. Moore, presiding at the De cember term of superior court, Tuesday afternoon. The report was signed by Foreman Charlie Shields. A grand Jury committee that viaitd the county home report ed the need there of 18 pillow cases and 18 quilts, two men's union suits, two men's top shirts, one pair of women's shoes, and towels and soap. It also said commode covers are needed, and recommended a -complete repaint Job of the building, In side and outside. Everything was reported in correct order at the prison camp by the group that visited that institution. The jail committee found need for patching plaster in rooms, and repainting hall, kitchen and dining room down 1 suura. Broken window glasses in the offices of the sheriff, clerk of court, and county superinten dent were reported by the cou it house committee. That group reported the courthouse "toilets as clean as could be expected .for-omdUiou of building". Members off the grand jury, in addition to Foreman Shields, were Charles Ferguson, Leonard Myers, J. N. Fisher, T. R. Vin son, R. L. Shook, J. A. Brogden, H. T. Nolen, George W. Reece, Frank R. Roane, Clay Compton, Carl Donaldson, Ed Campbell, D. C. Hembree, Pritchard Rus sell, Charlie Downs, Oscar Buchanan, and N. E. Holden. a month into the office of the clerk of court, for the support of his wife and child, within 30 days after he completes serv ing the first sentence. On prohibition law charges Euell Owens was given six months, suspended for three years on condition he pay .a fine of $100 and the costs and be of good behavior, and Lee Roy Roper was fined $100 and the costs. Prayer for judgment was con tinued in the case of George Cleveland, Marvin Holt, and Eu gene Wood, charged with vio lating the prohibition laws and aiding and abetlng their viola tion, on payment of the court costs. The prohibition law case of Ellis Sanders was nol prossed with leave, since the defendant is at the State Center for the Blind. Given a Jury trial, Ellis Hod gins was found guilt of aban donment, and was sentenced to 12 months, suspended for five years, on condition he pay $25 a month into the cleric of court's office for the support of his wife. A performance bond of $500 was required. Dewey Waters' monthly pay ments for the support of his wife and children, set at $20 at the December, 1939, term of court were increased to $40. defendants ? Russell Blaine Groove, Jr., Raymond Coldwell, Robert Lee Bassinger, James Roscoe Dills, and James Thomas Bailey ? charged with operating motor vehicles intoxi cated, were given sentences of four months, suspended for three years, on condition each pay a fine of $100 and the costs, not operate a motor ve hicle for 12 months, and be of good behavior for three years. In the cases of Sam Phillips McKensie, John Edward Arnold, John Richard Roach, and Gor don William Cathey, charged with operating motor vehicles Intoxicated, nol prosses with leave were taken. In each of these case, Solicitor Thad D. Bryson, Jr, said, the defen dant's bond had been forfeited, and his driver's license would be automatMljr revoked. Dillard Woman Is Named Assistant Home Agent Miss Barbara Brown has been appointed assistant home demonstration agent for Ma con County, and will report for work January 1. She suc ceeds Mrs. Ann Ray Murray, who resigned last August. The new assistant agent is a graduate of the University of Georgia, where she major ed in heme economics. Fol lowing her graduation last August, she has been teaching the fourth grade in the school at Dillard, Ga., which is her home. She is the daughter of C. B. Brown, of Dillard. Miss Brown, who will as sist Mrs. Florence S. Sherrill, the home agent, is expected to devote most cf her attenticn to 4-H club work. Extension workers are ap pointed jointly by the State Extension service and boaid of county commissioners, and Miss Brown, who was named by the Extension service earl ier, was approved by the board of commissioners at its meeting Monday. 11 TAX LISTERS ARE APPOINTED Tax listers for the coming year were named by the Macon County board of commissioners at its regular meeting Monday. The following were named to serve in the various townships: Frank I. Murray, Franklin; Jack Cabe, Millshoal; C. R. Bry son, Ellijay; Mrs. Fay Mash burn, Sugarfork; Walter Bryson, Highlands; Earl Dryman, Flats; W. M. Parrish, Smithbridge; Bryan Setser Cartocgechaye ; Clint May, Nantahala; Robert Parrish, Burningtown; and Frank Browning, Cowee. The board was informed by E. J. Whitmirc, Jr., that, due to his position as a teacher, he would be unable to serve on the county road committee, which had rcently been appointed by the county board of education and the commissioners. The board named Lyman Hig don, Franklin merchant, to re place Mr. Whitmire, and de cided to ask that J. W. Adding ton serve as temporary chair man of the group. Mr. Whit mire previously had been askec' to fill this position. This actior was approved, it is understood by individual members of th' Board of Education. The board also approved thr appointment of Miss Barbara Brown, of Dillard, Ga., to fill the position of assistant heme demonstration agent. The commissioners were in formed that the county road committee had been approved by L. Dale Thrash, divisior highway commissioner and that members of the group had re ceived letters from Mr. Thrash outlining their duties and mak ing suggestions to them. Mr. Thrash suggested, among other things, that they hold public meetings and discuss the road problems in each of the various townships, name roads, and discuss plans to paint and mark all mail boxes. ACCIDENTALLY KILLS HIMSELF WHILE HUNTING Think Swain Man Used Gun Butt To Push Sen Up Tree Albert D. Watson, 48-year old mechanic of Bryson City, and brother of Mrs. Merritt Eeck, il the Cartoogechaye commun tv, was instantly killed in a deer hunting accident about 11 o'clock Monday morning in the Wayah Gap section of Macon County. Mr. Watson was killed from the discharge from his own gun, a 30-30 rifle. His son, Wilbur Watson, 21, the only eye-witness, told in vestigating officers that he was climbing a tree, at his father's suggestion, in the hope of see ing a deer. He had gotten part way up the tree, he said, when he heard the discharge, and saw his father's body roll down a bank. ,?> He believes, that the older Watson, seeking to give him a push up the tree, used the butt of the rifle to push with, thus turning the barrel toward his breast. How the gun was dis charged is not Known, The accident was the first deer-hunting fatality in this county since deer hunts were started here a year ago. Coroner Lawrence Blaine im paneled a coroner's Jury Mon day afternoon, which returned a verdict that Mr. Watson's death was accidental. The accident occurred on the first day of a three-day non refuge deer hunt in this county conducted under state auspices. Mr. Watson, his son, and three other Bryson City mer had come to this county early Monday morning for the hunt, it was understood. The other three already had been placed at their stands by the eider Mr. Watson, who was said to have been an experienced hunter. Survivors include his widow, Mrs. Grace Thomas Watson; two sons, Wilbur of Bryson City, .and Edwin, of the State if Washington; a daughter, Mrs. Alta Jean Burnett, of Bry son City; three sisters, Mrs Beck, Mrs. Mamie Rollins, of 3elma, Ala., and Mrs. Delia Woodard, of Bryson City; and ive brothers, Lafayette, Robert, nd Julius, of Bryson City, anc lenry and Walter, of Tellico 'lains, Tenn. Presbyterian Men Organize; Will Meet Friday Night A Men of the Church organi zation for the Franklin Presby terian church has been formed and the first merting will be held tomorrow (Friday) eve ning at 7 p. m., in the church annex. Supper will be served by the Business Women's circle. At an organization meeting Wednesday evening of last week, E. A. Johnson was elect ed president, R. R. Gaines vice president, and C. R. Zachary secretary-treasurer. IT'S 'MAPLE STREET' ?? 1 Board Decides 4-Months Old Issue I By Secret Ballot; Vote Is 4 To 2 I It's to be "Manic Street", not "Old Georgia Road". The Franklin board of alder men, which has had the Issue A wh"t name the former Old Georgia road should bear under consideration since last August, reached a verdict in written ballot vote at its meeting Mon day night. The result was announced as two to four. Since the ballot was secret, It was not known how the in dividual members voted. The board last summer gave the street, which leaves U. S. Highway 23 at the resident of John B. Ray and runs north to Wert Main street, which It intersects at the Leach resi dence, the name of Maple street. \ At a subseauent boa^d meet ing, delegations appeared, one group protesting the change change from the former name, "Old Georgia Road", and the other insisting that the new name be retained. Vending a decision the street markers for this street have been blank. The markers desig nating it as "Maple Street" will be put up shortly, It was said. The board reported the pur chase of a motor grader, to be used on the town streets. A used machine, it was bought from the U. S. Forest Service for $372. On motion of Verlon Swaf ford, the street committee was empowered to purchase 500 tons of stone for use on the streets of Franklin. The stone Is to be 1 bought from the lowest bidder, 4 specifications to be set up by 1 the street committee. a After some discussion of the c water situation, and a report 1 by Herman Childers, water su perintendent, that there would I have been a surplus of 1,500.000 s gallons of water last month, 1 had all the pumps run full- > time, it was decided to buy one S dozen additional water meters, 1 to make sure there is a meter ' for every water user. .' All members of the board? W. e C. Burrell, E. J. Whltmlre, Jr., Krwin Patton, Russell Cabe. > Verlon Swafford, and Woodrow t Reeves? were present. Mayor < Henry W. Cabe presided. Sanitarian Says Water At 6 Schools 'Unsafe'; Lunchrooms Below Par The water supplies at six s Macon County schools are "in c all respects classified as unfit and unsafe for human con- ? 3umption", and under strict ; sanitary regulations, three t school lunchrooms should be 1 closed, Howa 'd T. Collins, State i Beard of Health sanitarian sta- e tioned here, 1 eported to the j county board of education and r the county superintended! at j t Monday's board meeting. c He .ilso reported the sanitary c facilities at 10 of the schools that use outdoor privies are un- i satisfactory from a health view- , t point. 1 The six schools with "unfit i ? and unsafe" water are C!a It's : Chapel, Otter Creek, Union, < Kyle. Oak Eidge, and Otto. j t At the time the inspections ] were made. hv October, s sample 1 of the Otto water was taksn, t and an analysis shewed it to s be contaminated, Mr. Collins said. Since that time, hewever, ' ; he added, he understands the ; situation at Otto has been rem- ; edied. The Fr.anklin, Highlands. 1 and Cullasaja schools have ap- . proved water supplies. < The three lunchrooms tint i should be closed under strict i sanitary standards are those at i Franklin, Highlands, and Otter i Creek. Describing the lunch- < rooms as "in bad shape" he said i no cafe, operating under the : same conditions, would be per- i mltted to stay open. i The worst is Otter Creek, he 1 said, explaining that food is 1 served right next to the gymna ium, where the children raise a Inst when they .play Th? sanitarian said he had lot closed these lunchrooms be ause he e^ognw.ea the impor ?nce of the children's having lot meals at noon, and because t is hi-, aim ta work with schr>o! lutho.ities in an effort t?> ini >rove condlti iu, rathjr than ictin-< arbitrarily. He warned of he danger, however, of an epi iemic among sohool children, lue to insanitary conditions. Commenting cn the lunch ?ocms, Mr. Collins remaiked ha: every lunchroom in the leighboring county of Swain ates "A" under sanitary stand ird, while not one in Macon :ould be given a rating higher ;han "B". A good lunchroom ob is being d ne 3t Cowee. aowever. he said, and Ott ? has ;hc best in the crunty from a ianitary viewpoint. Typed copies of reports cn 12 schools wee distributed to school officials. The water supply reports "n ;he six with "unfit and unsafe" supplies said that the Clarke's "hapel school supply "is pro erteil well, but is judged to be ansafe bccause it must be car ried approximately one-fourth niie in open buckets". The Otter Creek supply is "a grav ity system piped to the school from an open spiing". The Un ion school supply "is a protect ed well but is judged unsa e Because it is poured into an jpen barrel". At Otto (where ?Continued on Page Six Garden Club Will Sponsor Christmas Decoration Contest An outdoor Christmas deco ration contest will be held here this season, the first such competition in Franklin since before the war. The Franklin Garden club, at its meeting Monday, de- 1 cided to sponsor this year's contest, as a part of its com- ' munity beautificaticn pro gram. While no cash prizes are being ofiered, honorable men tion will be given the winners. Judging will be dore not : later than December 23. so those who wish to enter the contest should have their dec orations complete prior to that date, it was said. Cantata To Bs Presented H-:rc , December 18 A Christmas cantata will be ; presented by members of the choirs of the four Franklin churches at 8 o'clock Sunday evening, December 18, ?t the Franklin Methodist church. Chosen for this year's can tata is the Christmas portion of Handel's "Messiah". The approximately 40-voice choir is under the direction of S. F. (Sammy) Beck, Franklin school band director. Mrs. Henry W. Cabe is organist. RULE OUT NEW FRANKLIN HIGH It has been decided it would prove too expensive to remodel the present high school build ing at Franklin into ?a gymna siam - auditorium - lunchroom, Ccunty Supt. Guy L. Houk told the county board of education Monday in announcing approval oy the State Hoard of Educa tion of this county's school Biulding program. It had been hoped the old structure could be transformed ,nto a combination gymnasium - juditcrium-lunchroom and that i new high school building :ould be erected. As a result of the decision. :he program calls for retaining the old building as a high schrol. with repairs, ind for building a new structure to serve as gymnasium, etc. What actually will be done, lowever. will depend on the nut ?ome of the problem created by the bond attorneys' indicated iisapproval of Macon's $400,000 school bond issue. The program, as approved in Saleigh, calls for 9 new build ing for a consolidated school at Mantahala tj serve the area low served by Otter Creek and <vle; a new elementary school n East Franklin; and construc ion of new elementary build ngs at Iotla, Cartoogechave. Jnion, and at Chapel (Frank in Neg'.o 1, and of a new high ind elementary building at liphlands. In making its rccommenda ions to the state board, the ?eview panel that studied the tfacon situation also made this iuggestion: "The Review Panel expresses he opinion that the consolida .ion for the Negroes in the hre,e counties (Macon, Swain, md Jackson) be given serious :onsideratlon by the State Joard of Education". The letter announcing ap iroval of the program by the >tate Board explained that "it s in order that you place at rour pleasure applications for trants from the State School 'lant Construction. Improve nent, and Repair Fund for pro ects which fit into the improv ed plan of organization". County board members de moted most ol Monday's more ,han two-hour session to dls :usslon, one phase ot which ? Continued on Pip Sis MAY ffltAN NEW COUNTY VOTEON 1400,000 ISSUE Y. Bond Lawyers Cite Time Limit Legal Technicality Bond attorneys have indicated they will not approve Macon County's $400,000 school bond issue, and a new bend election may be necessary, R. S. Jones, county attorney, told the ccun:y | board of education at its meet ing Mondayt Mr. Jones explained he had received this information in a telephone call from the firm of Mitchell and Pershing, New York bond attorneys, Friday. The difficulty is a lesal tech : nicality ? the question of wheth er legislative enactment extend ing the time during which the bonds might be issued is v.'st'd. Mr. Jones told the board that, by starting at once, !t wou'd be possible to hold a new bond election by February 7. i He suggested, however, that the board recess its jnreting until December 19 to givr him time to search for leg"l pre cedents that miiht con-in ??e the bond attorneys the*- fire "?rtrng. and to make a trip, if that should seem desirable, to New York for a personal conference with t.hfxm County Supt. Guv L. H >uk. at the same meeting, announc i ed to the beard that the state board of education had approv ed this county's program for new school buildings. Since it was approved, however, on the understanding the county w~u!d have $361,000 from state school building funds and $400,000 from the local bonds, a new and re duced program would have to be submitted, he said. That would be true, he pdded. unless \ the bond attorneys changed their minds, or the bond issue were reapproved in a new elec j tion. The bond issue was approved by a four-to-one vote in .1 j county-wide election held De cember 18, 1945. Despite a three-and-a-half-inch snow that | fell that day. 1189 went to the j polls. The bonds carried in every precint tut two. Burning town and Flats, in each cf which the vote was extremely I light. When the bonds were voted, the state law povided that ^nv county or municipal bonds must be issued and sold with n a three-year period after the elec tion, and the bond order, adopt ed by the board of countv com missioners, so provided. That ; three-year period would have ended in December, 1948. Meanwhile, however, the N rth Carolina general assembly r iss ed a bill in 1947 extending for two years the time which any county or municipal bonis might be issued and sold, and the 1949 assembly parsed a , similar bill, extending the time I for two more years. i The bond attorneys' argu ment. Mr. Jones told the school beard, is that be<vntse pec->l<* of this county voted the bonds with the proviso in the bond order that they were to be is | sued within three years, the general assembly lacked the | authority to change the time j limit. In the discussion that follow ed, Bob Sloan asked If it vould not be advisable to obtain the opinion of some other firm of bond attorneys. Mr. Jones said that the New York firm to which the bond issue was sub mitted is that recommended by ?Continued on Page Six The Weather Temperature* and precipitation for the past seven days, and the low feniperature yesterday, as recorded at the Coweeta K* periment station. High Low Prec. Wednesday 31 54 Thursday 28 57 Friday 31 49 Saturday 16 58 Sunday 26 49 Monday ; 27 4n Tuesday 19 60 Wednesday 34 .38 FRANKLIN RAINFALL (Ai recorded by Mtnion Stiles for TVA) Yesterday (Wednesday), 19 of an Inch; other days, none.