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PubUabad inry Thundaj by TIM Pnaklla Fni
rmaklln. N. 0.
WEIMAR JONES . . .
BOB 8. SLOAN ....
J.P.BRADY ......
MXB8 BETTY LOU POUTS .
CARL P. C ABE . .
FRANK A. 8TARRETTE . .
OAVTD H. SUTTON
rrwAPT *? E. WHl'ITINOTON
SUBSCRIPTION RATES
Outbii* Macon County Imsxsk Macon County
On* Year $3.00 One Tatr $2.50
Wb i Months 1.75 Six Months I TS
fhree Months 1.00 Three Months 1.00
AUGUST 26, 1954
Why All The To-do?
?
There is great excitement in law enforcement
circles over a recent rilling of the North Carolina
Supreme Court. The court ruled, in substance, that
a police officer must obtain a warrant before mak
ing an arrest for a misdemeanor (minor law viola
tion). But it was careful to make an exception:
Where the peace is being breached, said the court,
an arrest may be made without a warrant.
That seems a reasonable enough interpretation
of the law. And surely it is in line with the Amer^
ican tradition that arrests are not to be made pro
miscuously and on whim, but must be in conform
ity with law.
Vet the police of several North Carolina cities
are threatening virtually to cease making arrests
in misdemeanor cases ? an attitude somewhat
reminiscent of the boy who threatened to take his
ball and bat and go home, unless he could pitch.
The State Highway Patrol at first hesitated,
with instructions to patrolmen to use extreme cau
tion. Xow, on advice of the attorney general, the
policy is "arrests as usual". Presumably that is in
line with the statute governing the patrol; but it
is worth noting in passing that the superb job the
patrol has been doing does not make that agency
sacrosanct ? it, like any citizen, is under the law.
Why all the to-do? If a pedestrian is drunk, but
is not breaching the peace, why all the hurry to
arrest him? Why wouldn't a later arrest, with a
warrant, be equally effective? And why is it so
necessary to arrest a motorist at the moment he
violates the law? Through the automobile license
tag, the patrol can easily learn who is the owner
of a speeding car. Wouldn't the arrest, at the speed
er's home or place of business, a day or a week, or
even a month, later, be equally effective ? and
more in keepipg with the spirit of the law?
Delay admittedly would create complications in
tlie cases of out-of-state traffic law violators. But
we've often wondered if the patrol could not ob
tain reasonable compliance with the law, by out-of
state motorists, through courteous warning to the
motorist, that he is breaking the law. After all, the
chief purpose of law enforcement officers is to get
the law complied with ? it is not to make arrests
just for the sake of arresting somebody.
What some law enforcement officers, and some
-newspapers, appear to have forgotten is that the
law is not for the convenience of the police, but for
the protection of the public. And it should never
be forgotten that an important part of that pro
tection of the public is the protection of the rights
-of the man to be arrested.
Change That's Overdue
A proposal that the people of Chapel Hill elect
their board of education members has created
widespread comment. It seems a little remarkable
that there should be anything unusual about such
a proposal, in a democratic country. But it is un
usual in North Carolina.
The general rule, for county boards of education,
is for the Democrats to nominate members in the
primary, and for the Democratic General Assembly
to appoint the board members, approximately a
year later. The purpose of the system, of course, is
to keep the schools firmly in control of one party.
Yet so staunch a Democratic organ as the Ral
eigh News ami Observer endorses the Chapel Hill
plan as an example that should be followed gener
ally. And The Smithfield Herald remarks that
"N'orth Carolina will be- without a truly democratic
foundation for its school system as long as (1) Re
publican voters are without. voice in naming school
board members, and/or (2) the election of school
board members remains a prerogative of ,the Gen
eral Assembly".
For some eight years this newspaper has been
urging the choice .of county board of education
members ? at least in this county ? in non-par
tisan elections. A bill along t*"it linfc was introduc
ed in the last General Assembly, but was promptly
killed by the house committee on education
/
The only reason given by committee members
was that the method of selecting school board
members should be kept uniform. That argument,
of course, is fallacious, since there already are
many exceptions to the uniform rule.
It is to be hoped the 1955 General Assembly will
take a more enlightened view. At the least, we'd
like to see the system changed for Macon County ?
the change to become effective, of course, at the
expiration of the terms of those nominated, last
spring, under the present system.
Fundamental
T1 Senate and House last week agreed to make
it a ime to be Communist.
Only a technicality ? the fact that the Senate
and House bills had to go to a joint conference
committee to iron out differences ? prevented en
actment of a law under which a man could be sent
to prison for five years and fihed $10,000, for be
ing a Communist. In the conference committee, the
bills were watered down.
The fact remains that a majority of U. S. sen
ators and representatives last week were ready to
write such a measure info law.
The issue here is not whether Communism is
right or wrong, whether one is for or against Com
munism. The question is whether we are willing to
make a fundamental change in our whole concept
of government.
From the beginning of this nation, men have
been punished for acts. These bills would have .pun
ished men for what they think.
Has the time come when Americans are ready to
abandon the idea that a man has a right to think
what he pleases, whether it be right or wrong?
If so, we might as well bid farewell to all our
other American freedoms.
How Crazy Can We Get?
We Americans buy our homes on the installment
plan. That's probably the only way most of us
would ever get them. Furthermore, it probably
makes sense to go in debt to buy a home.
Both those things can be said, too, about buying
a business.
We also buy engagement rings, washing ma
chines, and automobiles, to mention only a few
items, on the dollar-down and dollar-a-week plan.
Again, that probably is the only way a lot of us
ever would get those things. Whether it makes
sense to go in debt for them is another question.
Now you can buy pleasure travel on the install
ment plan ; make the trip and pay for it afterward !
TWA (Trans World Airlines) is setting a preced
ent by offering a "time pay plan" for those who
wish to travel by air on the first leg of the National
Grange European tour in October. You can fly
from New York to London (and back, after tour
ing Europe), paying only 10 per cent down, with
the balance divided up into either 12 or 20 monthly
installments.
Once again, we can say, "well, that's probably
the only way a lot of us ever would get ' a plane
trip to Europe". And we predict the plan will prove
a big success; the TWA folks are too smart not to
have it figured out that a lot of people (you <Jon't
have to be a member of the Grange) will take ad
vantage of it.
Which makes us wonder: Just how crazy can we
get? /
Professional Hypocrisy
Some readers have mistakenly assumed that the
editorial, "Could It Be?", in last week's Press was
intended as a reflection on optometrists.
It was not so meant. This newspaper has no rea
son to doubt that the majority of optometrists do
their job ? of fitting- glasses ? conscientiously
and well. ?
The purpose was to expose what appeared to be
rather blatant professional hypocrisy. It suggested
that the State Board of Examiners in Optometry,
in offering a reward for the arrest arid conviction
of house-to-house salesmen of ready-to-wear glasses,
was not animated chiefly bv a high-minded desire
to protect the public, but by a desire to protect
optometrists from competition.
The trouble, it seems to us, goes back to the way
we regulate the professions in North Carolina. In
the field of optometry, for example, a board is set
Up, with the fdrce of law back of its rulings. That
board is made up of five optometrists ; not one
layman is there to represent the public. And the
\
five optometrists are not elected by the people,
are not appointed by the legislature, are not even
named by the governor; they are chosen by the
N. C. State Optometric Society. And the set-up for
regulation of other professions is little, if any,
better.
Human nature being what it is, these boards are
quite likely to give first consideration to protec
tion of their professions, with the protection of the
public in a distinctly secondary place. Since human
naturp is what it is, the boards cannot be blamed
too severely for so acting. But they do deserve
censure when they obviously are hypocritical about
it.
And that applies whether the hypocrisy is among
optometrists, lawyers, physicians, or newspaper
men.
? i
Others' Opinions
CLARIFICATION NEEDED
(Raleigh News and Observer)
Clarification is badly needed as to three aspects of the laws
relating to violators of the traffic laws.
The need fqr clarification arises from what the Supreme
Court said in one case, what the same court did not say in
another case and the adamant refusal of some local courts to
impose costs in parking cases.
Clarification can come from one or both of two sources,
further 'decisions by the Supreme Court and further legisla
tion. The three situations shculd be clarified as far as possible
in the courts before the General Assembly meets in January.
When the Legislature convenes, it should make the whole
question of enforcement of traffic laws, including reform of
Justice of the peace and other courts, one of its first orders of
business.
The latest decision of the Supreme Court to create confusion
that has hampered law enforcement in traffic cases was not
occasioned by a traffic case but by a case involving public
drunkenness. In that case the high court reversed a conviction
because the defendant was arrested without a warrant and
there was no evidence that he was committing a breach of the
peace. The court pointed out that the right of an officer to
make an arrest for a crime committed in his presence is lim
ited to felonies and lesser crimes involving a breach of the
peace.
?
The decision has produced a breach of the peace. Law en
forcement officials are playing it safe and have stopped mak
ing arrests in a number of Instances ill which arrests -have
been made as a matter of course ever since the first traffic
laws were passed.
Obviously there is a need for clarification as to what con
stitutes a breach of the peace. That clarification should be
made by courts on the basis of present laws. But, whether
the courts act or not, the General Assembly should make sure
that there are no loopholes in the law.
i
An earlier decision of the Supreme Court disposed of a sup
posed test case on the validity of parking meter ordinances
without determining the question of whether such ordinances
are valid.
The uncertainty surrounding the legality of parking meters,
like that about the rights of officers to make arrests, has
hampered law enforcement. The uncertainty should be re
moved.
A local Judge in Raleigh and those in some other commun
ities have Interpreted the laws on overtime parking to limit
punishment to a fine of one dollar and to preclude the addi
tion of court costs in cases which go to trial. The result has
Continued on Pi|t Three?
STRICTLY
PERSONAL
By VIDIil JONES
"I can't help wondering If
maybe you have overdone the
parking meter business", re
marked a one-time resident of
Franklin, back home last week
on a visit.
"I know parking meters have
their place", he was quick to
add; "and Franklin Is growing
so fast, parking Is a real prob
lem.
"But does the town have to
put a meter at every available
space? When they are every
where, I am afraid It looks to
visitors like Franklin is inter
ested not so much in providing
parking space, as in collecting
every possible penny of parking
meter revenue.
"At the least, It seems to me,
a person ought to be able to go
in the post office to drop in a
letter or get his mail, without
having to feed the meter.
Wouldn't a parking limit of,
say, ten minutes be better
there?"
We are inclined to think the
gentleman has something.
? ? ?
"There's no chance to make a
living in Franklin."
How often have you heard
that said!
And it is true that the num
ber of job opportunities Is
limited. But the opportunities
aren't. They are here; all that's
necessary is the imagination to
see them.
Mr. and Mrs. Don Smith's ex
perience Is the perfect Illustra
tion. Anybody could have done
what they are doing: Putting
up Jams, Jellies, etc., and sell
ing them. The berries and the
fruits they use have been here
all the time!
Mr. and Mrs. Smith had the
energy to gather and preserve
them, and were smart enough
to capitalize on their coming
from the mountains ? and to
open a road-side stand. They
also adopted a standard ? and
attractive ? label, so their prod
ucts would be recognized.
How well have they done?
Well, they've won national
recognition, with a little busi
ness ? and a big idea.
? ? ?
I like the comment, in a per
sonal letter, on the letter of Mr.
S. W. Richardson, in the Aug
ust 12 Press.
Referring to his remark that
"it is regrettable that you
choose to mislead the good
mountain people of your com
munity", my correspondent re
marked :
"The 'good mountain people'
do not have to be led or mis
led by The Press. They have
perfectly good minds and are
capable of thinking for them
selves . .
They have, and are, thank
goodness!
News Making
As ft Looks
To A Maconite
There la little doubt In the
minds of moat people, mine In
cluded, that Democratic Chair- 1
man Stephen Mitchell slightly "
over-stepped his bounds when
he accused by Implication Pres
ident Elsenhower and Bobby
Jones of dishonest dealings.
However, I think that It la
equally true that President
Elsenhower overstepped the
bounds of his office, regardless
of his motive, when he ordered a
contract to be let for more than
$100,000,000 without its being
subject to competitive bidding.
The taxpayers could be spend
ing millions of dollars more
than necessary- Who knows un
less the job Is let to bids? I
think the people owe Stephen
Mitchell a debt of gratitude and
one can hardly blame him for
being carried away with him
self when he realized the full
Implications of the Dixon-Yates
deal. There Is one thing I
don't understand. The people
whose blood reached a boiling
point when they learned that
the wife of some Democratic
official had accepted a mink
coat or a deep freeze seem the
least perturbed when they learn
that now one company has
been awarded a contract by a
very un-buslness like procedure
which Is costing the taxpayers
thousands of times the amount
of the cost of a mink coat or
?a deep freeze. The moral of
this seems to be if you are go
ing to get a favor from the
government get a big one. The
bigger It Is the more likely It
is to go unpublicized. Perhaps
the reason Stephen Mitchell
dragged the names of Elsen
hower and Bobby Jones is that
he realized that he had to do
something similar to that to get
any press notice.
? ? ?
I still think that we here in
Macon County and Franklin In
particular should be going all
out to gain more tourist busi
sauioo 8UI03UI Jno jo }soyt ssau
from agriculture at present and
the lot of the farmer for the
next few years is going to be
increasingly hard. One way we
n make up for the loss of
rm Income Is to go after more
tourist income. Two things we
can do are to make our com
munity attractive and to tell
the people about the many
ways in which we feel that our
county already excels. For ex
ample, I personally doubt that
many towns the size of Frank
lin have a fire department that
compares with ours In effici
ency. From experience, I am
willing to say that we are serv
ed by one of the most efficient
electric companies. From the
comments I hear of people In
other towns and states I would
say that the service provided
by the Nantahala Power and
light Company Is tops. Their
rates are low. If we here would
properly boost what we have
? Continued on Page 3
Do You
Remember?
fl lining backward tbm|b
the flics of The Ptmm)
50 TEARS AGO THIS WEEK
The Old Maids' Convention
left early Friday morning for
Highlands* to render the play
at that place.
Prof. J. J. Ammons, of Bun
combe county, arrived here
Thursday. It is probable he will
take charge of the Macon High
School in place of Prof. Bradley
who has resigned.
There are now four new build
ings in course of construction
in Franklin: Mr. J. R. Pender
grass' new brick store on Main
Street, Dr. F. L. Siler, residence
on West Main Street, Mr. C. T.
Blaine, residence on Harrison
avenue, Mr. E. Hurst, residence
on Iotla Street.
25 YEARS AGO
Work To Start on Nantahala
Dam in Three Months ? Head
line.
I take this method of an
nouncing that I have sold The
Press to Mr. Lyles Harris, for
merly county agent of Macon
County. ? (Major) S. A. Harris.
10 YEARS AGO
RATION NEWS ? Meats, Fats:'
Red Stamps A8 through Z8 and
A5 through D5, good indefinite
ly.
S. Sgt. Troy L. Crisp has
landed safely overseas, accord- i
lng to a letter received by his
parents, Mr. and Mrs. Fred L.
Crisp.
Pvt. John H. Wasillk, son of
Mr. and Mrs. John Wasilik, Jr.,
has written his parents that he
is now In France.