?J xt Ifimnklin
/ v "
Cite 3?rgJ*lan?t8 Jftamttron
Entered at Post Office, Franklin, N. C . aa second claaa matter
Published erery Thursday by The Franklin Preen
Franklin. N. C. Telephone 24
?OB B. SLOAN AdTertlslng Manager
i. P. BRADY News Editor-Photographer
Mas ALLEN 8ILER Society Editor Office Manager
MBS. MARION BRTSON Proofreader
OABL P. CABE Operator -Machinist
FRANK A. 8TARRKTTE Compositor
O. 1. CRAWFORD Stereotyper
OWAM.E8 E. WHITTINOTON Pi?
DAVID H SUTTON Commercial Printer
Outbids Macon Coohtt Iwans Macon Cotnrrr
One Tear 1 *3.00 One Tear 9330
Ms Mentha .
Two Tears .
1.75 Six Months I TS
1.00 Three Months .... 1.00
139 Two Terrs 419
7.90 Three Tears 190
THURSDAY, AUGUST 23
The Pearsall Plan
What has come to he called the Pearsall Plan
will be passed on by the voters of North Carolina
in an election to be held Saturday, September 8.
WHAT IS THE PLAN?
While the Pearsall Plan is covered by seven
measures approved by last month's special session
of the General Assembly, the heart of the plan is
a proposal to change the state constitution. It is
the responsibility of accepting or rejecting this con
stitutional amendment that Macon County voters,
as well as those in the other 99 counties, must
face in the September 8 election.
That amendment would do two things :
1. Authorize educational grants, from state or
local tax funds, for the private education of chil
dren assigned to racially mixed schools, against
the wishes of their parents. To obtain such a
grant, a child would have to attend a private
school that was non-sectarian.
2. Permit the people of any local school unit, by
majority vote, to suspend one or more schools
within the local unit. An election on the closing of
a school or schools could be called either by the
board of education or by petition of 15 per cent of
Jthe registered voters in the unit.
WHY THE PLAN?
The Pearsall Plan is the outgrowth of studies
made by two state commissions. Those groups
sought the answers to these questions :
(a) Is some action necessary to meet the crisis in
public education created by the U. S. Supreme
court's anti-segregation decisions?
(b) If so, what action should be taken?
To the first question, those studying the situ
ation came up with an answer of "yes ; it is neces
sary to take some action".
The Pearsall Plan, so-called for Thomas Pearsall,
of Rocky Mount, chairman of the last study group,
is their answer to the second question.
IS IT LEGAL?
Will the United States Supreme Court hold the
proposals embodied in the Pearsall plan in conflict
with the U. S. Constitution, and therefore void
the whole plan?
To our lay mind, it would seem that if it is con
stitutional for one unit of government to make
educational grants from public funds to individu
als, then it would be constitutional for another
unit. Nobody questioned the constitutionality of
the federal government's educational grants to G.
I.'.s (and those grants were made even through
the tuition money went to church institutions), so
why would state educational grants be illegal?
And to deny to voters of a school unit the right
to make decisions about their local schools ?
even to the point of closing them ? would seem
to deny what is the very basis of our American
government ? the rule of the people.
It is worth remembering, though, that ever
since the Supreme Court's 1954 decision, rulings of
federal courts generally have been so consistently
one way ? have so given the impression, at least
to some persons, that the courts are more interest
in the segregation situation than they arc in law ?
that even the vice-chairman of the Pearsall com
mittee qualified his assertion that the Pearsall
Plan is constitutional. William T. Joyner, outstand
ing mi North Carolina legal circles, predicted that
the plan will be upheld, if and when it reaches the
high court ; but, he added, "assuming there is a
fair U. S. Supreme Court" at that time.
IS IT AN HONEST PLAN?
The answer to that one depends on what is
meant by "honest plan".
It is an honest plan, in our opinion, in the sense
that the men who proposed it are sincere in their
conviction that something had to be done, and that
this is the best plan so far suggested.
We think that, first of all, because of the char
acter of the men responsible. Governor Hodges,
who vigorously supports the plan, is recognized as
thoroughly honest, even by those who disagree
with him most. There is no more respected man
in North Carolina than Mr. Joyner, who, inciden
tally, is the son of J. Y. Joyner, Aycock's state
superintendent of public instruction and one of the
fathers of North Carolina's public school system.
And no fair person would accuse Mr. Pearsall and
other members of the committee, on a basis of their
reputations, of being anything other than sincere.
We are convinced of the honesty of the committee's
recommendation, in the second place, because
Mr. Pearsall's explanation of the plan, in Ashe
ville a few weeks ago, had the ring of sincerity.
Finally, the honesty of the commission's members
is shown, it seems to us, by their humility ? a
humility that expresses itself in voluntary admis
sion that the .plan is far from perfect. "It is the
best we could do under the circumstances", said
Mr. Pearsall. Then, with remarkable frankness,
he added : "It is an effort to buy time", until the
circumstances change or something better can be
EDITOR'S NOTE: The second half of this editorial, to
appear next week, will discuss the questions: "What's
Good About The Plan?"; What's Bad About It?"; and
"Which Way To Vote?"
An editorial in last week's Press erroneously re
ferred to A. B. Slagle as a member of the State
Board of Education. It should have read State
Board of Agriculture.
State Press Applauds
SOMETHING OF A GOOD FATHER
There's something of a good father in George B. Patton.
It seems he could take you to the woodshed, whale the day
lights out of you, and lead you back up the path to the house
smiling through the tears.
It's his kind of justice, for few men have passed through
his court without learning he is just; and good, gentle but firm,
quiet but articulate, tough but not arrogant.
George Patton is a man who is dedicated to the law. He
makes no case for interpretations or analysis. His is justice
under the law to the full letter of the law. There are no ex
cursions into the unknown with Judge Patton.
Tossed in for good measure, and to the amusement of
plaintiffs and defendants alike since he became a special
Superior Court judge in 1947, have been his words of wisdom
sprung in the distinctive, warped tongue of Western North
And George Brabson Patton is a man experienced in the
large civil court question of this time: The school segrega
He more than any other man ? save his predecessor, Will
iam B. Rodman ? has wrestled with it first hand. He heard
the Old Fort school case which may well become the basis for
vital school decisions in the future.
Gov. Luther Hodges has now appointed Judge Patton to the
attorney general's position, a job which has become increas
ingly vital for the very same school problems.
Mr. Hodges would have had to look long and far for a more
qualified man. He examined a two-sided coin, the man and
his work, and came up with the best possible choice.
The state of North Carolina has entered a new and critical
period in its history. The burden of leadership and govern
ment hangs heavy on the shoulders of our leaders.
It will take visionary, strong, forceful men to keep the road
straight. Every key appointment, such as this, means much
to the state now and in the future.
The selection of George Patton is a tribute to him and to
The governor has done well.
Judge Patton will do well as attorney general.
\ PATTON: GOOD CHOICE
(Greensboro Dally News)
Governor Hodges' appointment of veteran Superior Court
Judge George B. Patton, of Franklin, to the attorney general's
post brings an old face from the Far West back to Raleigh.
Judge Patton is steeped In the law. For about a decade he
has served with distinction on the Superior Court bench, win
ning and meriting backing of varying factions of the Demo
cratic party's hierarchy. His first appointment to the bench
came from Governor Cherry and he remained on the bench
as special judge during the Scott, Umstead and Hodges ad
To the difficult attorney general's Job, he brings a wealth
of experience and good Judgment. Significantly he was the
state Judge who handled the difficult Old Fort school integra
tion case in McDowell County ? the first suit aimed directly at
breaking down school segregation bars in N. C. Decisions by
the federal district and appeals courts in the Old Fort case,
upholding the 1955 pupil assignment act, have been the basis
for much of the planning behind the Pearsall Plan. Judge
Patton will be thoroughly familiar with legal aspects of the
school desegregation problem, a matter on , which his advice
will often be sought; In addition he will handle the state's
defense against lawsuits brought in connection with the Su
preme Court school decision.
Judge Patton Is no stranger to Raleigh. He Is a former as
sistant general and general counsel of the State Highway
Commission. His appointment should continue the high cal
iber of service provided for long years by the late Harry Mc
Mulian and carried on by William Rodman. It also brings into
the high council of state government a strong voice from the
Far West, not ordinarily well represented In Raleigh.
HAS EARNED THE JOB
Completing a chain reaction of appointments, Gov. Hodges i
has handed the attorney general's of lice to Judge George
And not even the men who had wanted the job for them
selves can find much to criticize.- 1
Judge Patton has all the qualifications anyone could ask.
He has legislative experience.
He already has worked for five years in the office he now i
will run. '
He is as highly regarded, both in and out of his profession, '
as any Superior Court judge in North Carolina.
He is no stranger to the segregation question which puts
grey hair in the heads of Southern attorneys general these
days. He was the presiding judge in the McDowell County
school case, which was the first court test of the new pupil
In accepting appointment as the state's lawyer, Judge Pat
ton knows that he is taking on a difficult job in difficult
Those who have watched his career know that the Gov
ernor could have made no better appointment.
George Patton has earned the job.
Governor Hodges, in naming George B. Patton, of Franklin,
Macon County, turned to the mountains for a thoroughly
capable man to serve as attorney general of the state.
Judge Patton, of the Superior Court bench, has accepted the
appointment to succeed Attorney General William B. Rodman,
Jr., who becomes an associate justice of the State Supreme
Court to fill the vacancy caused by the elevation of John Wal
lace Winborne of Marion to chief justice. The changes were
necessary due to the retirement of Chief Justice M. V. Barn
hill because of ill health.
Judge Patton is a former assistant attorney general, having
served from 1939 to 1941.
A native of Franklin and a graduate of the University of
North Carolina, Judge Patton also has been chief counsel for
the State Highway and Public Works Commission. He has
served as mayor of Franklin, county attorney, and as Macon
representative in the General Assembly.
Governor Hodges, in selecting Judge Patton, did so in the
realization that a highly capable and experienced lawyer is
needed as attorney general at a time when the state faces
many complex problems, including the situation in our public
Those who know Judge Patton are confident he will serve
the state, in his new office, with energy, ability and distinc
Would Pearsall Plan Hasten And Increase School Integration?
7 he Smithfield Herald
We have said in these col
umns that the Pearsall Plan is
not the answer to the problems
created by the Supreme Court
dlcision against segregation. It
Is our opinion that the Pearsall
Plan is more likely to Increase
racial tension and bring on
court actions to force integra
tion than it Is to discourage
the mixing of the races In the
schools; and It is more likely
to destroy the public school
system than It Is to save that
Whatever the white majority
may think of the Pearsall Plan,
we may be certain that the Ne
gro leadership regards the plan
as an attempt to evade the de
cision of the Supreme Court.
And we may expect that the
Negro reaction to evasion will
take the form of one court ac
tion after another to compel
admission of Negro pupils to
schools attended by white pu
pils. The law stands on the side
of the integrationists. A flood
of suits, then, logically could be
expected to hasten Integration
and usher In more Integration
than we might reasonably ex
pect without the Pearsall Plan.
Either that result, or a wave
of school closings across the
state. For If It Is true, as the
Governor and other sponsors
of the Pearsall Plan contend,
that the people of North Caro
lina will not accept mixed
schools, the abolition of schools
would not be confined to a few
Isolated communities. Abolition
would be widespread ? just as
widespread as the Integration
forced through numerous ac
tions brought by Negroes who
look upon the Pearsall Plan as
an evasion of the law.
The Pearsall Plan thus would
lead North Carolina into an un
welcome "either, or" situation.
Either we would have a flood
of Integration in North Caro
lina. Or we would have wide
spread closing of the schools.
Most North Carolinians want
What Is Tihe Answer?
If the Pearsall Plan is not the
answer to the problems con
fronting us, what is the answer?
Nobody can be sure he has
the right answer, but it is our
opinion that the following
course offers greater hope of
saving the public schools and
maintaining racial peace than
the Pearsall Plan:
(1) Accept the Supreme
Court's decision as the supreme
law of the land. This Is In line
with part of the Pearaall Com
mittee's report of April 5, 1990.
For In that report the commit
tee declared: "The decision of
the Supreme Court of the Unit
ed States, however we dislike It,
Is the declared law and Is bind
ing upon us. . . . We must live
and act now under the decision
of that court. We should not
delude ourselves about that."
(2) Move toward compliance
with the law In the "good
faith" required by the Supreme
(3) In compliance with the
law, use to the fullest possible
advantage the Pupil Assign
ment Law enacted by the Leg
islature In 1955. The Pearsall
Committee, while It doesnt ad
vocate reliance solely upon that
law, has recommended that
Continued on Pare Three ?
BOB SLOAN ,
All change Is not progress, but
certainly there Is no progress with
out change. Also progress is based
an new ideas.
With this in mind, I certainly
feel that, the label "party of pro
gress" fits the Democratic party
much better than the Republican.
For the life of me, I can't think
of a new idea in government in
the past twenty -five years, (and
there have been several), in our
country that hasn't originated
within the Democratic party.
For example, take the bold
stroke by Adlai Stevenson of al
lowing the delegates to choose
their nominee for Vice-President
rather than have him hand pick
ed by the presidential nominee,
rhis was new and precedent shat
tering. Also H breathed new life
into his party and, I believer if
allowed to become a custom, will
increase the calibre of the Vice
Now that the Democrats have
started It, the Republicans will un
doubtedly follow suit, like they
have in the matter of New Deal
legislation. However, they can't
this year as the nominee is picked
before the convention starts.
If Stevenson is beaten in the
fall election and makes no other
contribution, his courage and
sagacity in introducing this in
novation in convention procedure
has brought a great benefit to
the American political system.
? * ?
If I might crow a little please
allow me to say that writing three
weeks ago I picked both the presi
dential and vice-presidential dem
(Looking backward through
the files of The Press)
50 YEARS AGO THIS WEEK
Messrs. R. P. and A. J. Mc
Cracken shipped a car load of fine
cattle from this county yesterday.
The long continued rains have
given weeds possession of the pub
lic square and some lots in town
that might be improved in ap
pearance by the use of mowing
Alexander Tippett has moved
his barber shop to the Love brick
building over the store of J. T.
Moore & Company.
25 YEARS AGO
Mr. John Reese, who has been
spending the past few weeks in
San Francisco, returned to his
home here today. ? Highlands
Miss Mary Louise Slagle en
tertained with seven tables of
bridge and other games at her
home on Cartoogechaye Tuesday
night of last week.
Messrs. M. O. Matthews and
F. L. Cooper, of Augusta. Ga?
are here this week visiting Mr.
and Mrs. C. S. Brown at the
10 YEARS AGO
Sixty-two war veterans are en
rolled in the Farmer Training
program in Macon County, ac
cording to E. J. Whltmire. teacher
of agriculture, who Is the super
visor of the program in this coun
ty. This number is greater than
that of any other department in
the state. '
Bidd E. Burton, who has been
in service three years, has re
turned to duty on the U.S.S.
Randolph, after a week's leave
here with his mother. Mrs. R. A.
Baty, and Mr. Baty. ? Highlands
Miss Louise Carpenter, daugh
ter of Mr. and Mrs. E. J. Carpen
ter, U spending two weeks in
Kokomo, Ind., with her brother,
Bob Carpenter, and Mrs. Carpen