VOLUME XXXV. H
BREVARD, NORTH CAROLINA, FEBRUARY 5, 1930
? ?? ?** ?
ENGLISH RENDERS DECISION
IN MANDAMUS PROCEEDINGS
Emergency Order Made Takes
Care of Present Fuel
POWERS OF BOARDS
Appeal Taken by Board of
Education From Ruling
of the Court
To take care of the emergency of
providing fuel for school.? of the i
county. Judge D. L. English presid- 1
ing the General Court at which the
school controversy was being aired, 1
ordered the county board of educa- j
tion to contract for not more than ,
three carloads of coal at a stipulated |
price, and that C. R. McNeely ratify j
said order. While the coal is in tran- j
sit the judge ordered that bids be i
3sked for by the board of education ,
and C. R. McNeely for the drayage ;
or delivery of the coal and that the
lowest responsible bid be accepted by
the two parties, and approved by the
In the matter of making purchases!
for fuel, excepting the special emer
gency order mentioned above, Judge 1
English held in his ruling, that "the
plaintiff (board of education) has
the right to maks such purchase, but |
before the contract for such pur- '(
chases are valid and binding obli
gations of Transylvania county, they j
must be submitted to and approved
by the county accountant who is j
required under the law to approve |
the same, unless he the county ac- (
eountant and county purchasing (
agent knows where he can duplicate j
said purchases at less cost." I
An appeal has been taken by the (
board of education. W. E. Breese |
represents the school board, and <
Ralph R. Fisher the commissioners ,
and McNeely. ,
The opinion and ruling of the :
court in the matter is given below in ;
"To meet the present emergency i
it is ordered by the Court that the|(
plaintiff, the County Board of Edu-'<
cation contract for and that the!<
defendant C. R. McNeely, ratify 1
raid contract for not more than three t
cars of coal at the above price, and i
that while said coal is in transit that I
the said Board and McNeely call for 1
bids for the drayage of said coal :
from freight station in Brevard to 1
said schools, the lowest responsible 1
bid to be accepted by the Board of ]
Education and said C. R. McNeely, t
and approved by the Court, the said i
Board to issue proper vouchers for i
said coal and drayage, and the said 1
vouchers to be contersigned by the 1
said C. R. McNeely. ;i
"Now speaking to the questions of'i
(Continued on back page) .1
Y. M. C. A. PLANS i
TO BE ANNOUNCED;
Kiwanis Club Sponsors Move-1'
mei?t ? Meeting Called |<
for Thursday j>
Tentative plans adopted at the ,
meeting of the Brevard Kiwanis club j
last Thursday arc being carried out :
by the cooperation of the county ;
hoard of education for the nucleus !
of a Y. M. C. A. organization in Bre- ;]
Necessarily beginning on a small ;
scale, it is planned to conduct basket
ball practice games three nights a
week on the High School court un- ,
der the supervision of members oi ,
the Kiwanis club and other men of
the town who have had active ex
perience in this kind of work. Boys
ten years of age and up will make
up the membership.
Meeting of all boys interested in
becoming member? of this organiza
tion, will be held at the High School
auditorium Thursday night, Febru
ary 6, at 7:30 o'clock. This meet
ins; will be presided over by officials '
of the club, and eligibility will be ex
plained to the boys.
E. CARLAlIlSON !
FOR CO. TREASURER;
? . ? ' -V ?
E. Carl Allison, prominent farmer
of the Chen-yfield section, announces
his candidancy in today's News for
Democratic nomination for the of
fic? of County Treasurer.
Mr. Allison, who has not hereto
fore held any public office in the
county, sought the nomination for
County Treasurer four years ago.
He was defeated in the primary by
T. E. Patton, Jr., Mr. Allison has
' numerous friends throughout the
county, he having spent his life here
and comes from a very prominent
family. He is a member of the Bap
tist church at Cherryfield and a
COUNTY COMMISSIONERS IN
REGULAR MONTHLY SESSION
County commissioners met in reg
ular monthly session last Monday.
Work of aS'Outine nature was trans
VARIED CLAIMS MADE
'BY HE TWO BOARDS
A multitude of allegations were
put into the claims of the board of
education and the board of commis
sioners in the papers filed in the
mandamus proceedings which ?ase
was heard before Judge English, in
the County Court, begining last Fri
In the "Amended Complaint," the
"Answer to Amended Complaint,'"
and "Reply to the Defendant,"
charges and counter charges were j
set out about many things, articles,
people, conduct of officers ? both
plaudible and derogatofy ? irregu
larity, loss and gain, taxes cut and
taxes "un-cut," money saved and
money wasted, cheap coal and high
priced coal, demand and refusal, etc.
in the numerous pages of the papers ,
To carry the full accounts as set
forth by both boards would be near
to impossible for any weekly news
paper, hence as near digest of same
as could be arrived at by The News
reporter "covering" the case, is given j
The plaintiff board in their amend- ,
ed complaint alleged that they were
a body politic created, organized and |
existing under the Public Laws of
1923 and supplementary acts, and
that it is authorized and required by
!aw to have supervision and control
jver any and all matters pertaining ,
;o the public school system of Transy- ,
Ivania County, and that they are par- ,
;icularly directed, authorized and j
jmpowered to maintain all the pub- j
,ie school buildings in the county; to
select and purchase all supplies and ?
,'quipment for the schools; to fur- ,
nish and provide transportation, etc., ;
?nd in general to have supervision 1
lnd control over any and all affairs j
ind matters pertaining or relating to j
he maintenance or operation and ,
:ontro! of the public school system
if the county, and to employ such
:lerical and legal assistance as may
>3 necessary for the best conduct of
That, they, the Board of Educa
tion, prepared and submitted to the
Board of Commissioners in May of
1S29, their school budget as required
)y law, and that same was approved
>y the Commissioners, and was ap
proved by the state board of educa
;ion; that said board of education
nade a thorough investigation of the
ecords for several school years prior
lereto before the making of said
budget and ascertained the approx
imate amount of money needful and
lecessary .... and among which
tems was the sum of $2,0G8.00 for
:uel to be used in the several schools;
ilso the sum of $500.00 for attor
icys fees, also the sum of . . . . dol
ars for the purchase of stoves and
parts thereof for the heating of cer
ji'n school houses in the county anil
jther articles set out as needful and
That the Board of Commissioners
Df said County levied a tax suffici
ent to pay the amount set forth in
said plaintiff's budget, for fuel, and
ilso enough for a part of the item
for maintenance and repair as set
forth in said budget, but said Board
(Continued on page seven)
Sheriff T. E. Pattern Jr. makes his
public announcement through The
Brevard News today for his nomin
ation in the Democratic primary for
re-election as sheriff and tax collec
Sheriff Patton is completing his
two-year term in the office. Previous
to being elected sheriff, he served
two consecutive terms as county
Mr. Patton is widely and favorab
ly known throughout the county and
other sections of Western North |
Carolina, where he has been actively i
engaged .in business and holding1
public offices for a number of years.
Originally from Buncombe county,
Mr. Patton has made this his home
| THREE-DAY SESSION!
| About thirty cases were disposed'
of in General County Court here the
first thr^e- days of the week. A
few of these cases were nol prosed,
tome, paid fines of $25 and up; oth
.ers were given terms of varied
j length. Appeals were taken in sev-l
;eral of the cases.
Notable in this session of the
>ourt was the absence of larceny
cases. Oniy one was up before
: Judge English, and this was remand
Jed to the Juvenile court, the de
fendant in the case being under 16
'years of age.
I Drunkenness and violation of the
? prohibition law were the most prom
| incut in number.
MAD DOG BITES CHILD
AND SEVERAL COWS
Authorities Urge That Dogs Be
Confined Until Danger
Little Billie Siniard, the four-year
old child of Mr. and Mrs. Hale S.
Sininrd, was bitten on the lip Satur
day by a mad dog belonging to the
Siniard family. The child is now
taking the treatment, arid it |is
thought by the attending physician
that the little fellow will respond
satisfactorily to the treatment and
that the case will not prove at all
Dr. Ramer, the veterinarian, was
called in and after an examination
of the dog it was found that it was
afflicted with rabies, the evidence
being so strong that it was consid
ered not necessary to send the head
to Raleigh for further proof. The
animal was known to have bitten a
cow, a calf and a dog belonging to
James Garren, who lives near the
Dr. Ramer, togethe'- ?vith Mayor
Whitmire, advise that all dogs be
kept tied for sometime and that
children be instructed to keep away
from any stray dog, for it is not
known how wide-spread might have
been the rabid dog's path. The an
imal had traversed a large amount |
jf territory before being killed.
UNION SERVICES AT
Regular union services will be held .
lext Sunday evening at 7 :30 o'clock |
?t St. Philips Episcopal church. The <
sermon will be delivered by Rev. R.
Li. Alexander, pastor of the Brevard
This service will feature the ob
lervance of National Boy Scout An
niversary Week, and the sermon will
)e of such nature to appeal especial
y to young Scouts. Members of the
ocal Boy Scout organization will be
present at this service in a body. i
MANY INTERESTED IN
Several People May Still. Ob
i tain Plants Free by Call
ing at Brevard Bank
A number of people have availed
themselves of the offer whereby
they may obtain free tobacco plants
sufficient for one acre of ground.
Of those who have already made ap
plication, are farmers with big farms,
little farms and middle-sized farms,
the idea being to begin the culture
in the county with only one acre,
later branching out to such acreage
that tobacco raising will be an es
tablished money crop, as it is in
several other counties of this section. ?'
As was stated in The News last!
week, plants for fifty farmers would
be given, and applications have noti
been made for all of the fifty one-i
Application must be made at the
Brevard Banking company before
Monday noon, February 10th, as it
is necessary that the list of appli
cants be completed at that time, a
tobacco expert coming here on next
Tuesday to assist Julian Glazener and
his clasB of boys in getting the work
started. Mr. Glazener's class in
agriculture will do the work in pre- ,
paring the beds, sowing the seeds
and tending the plants until they are
ready to set out. The Brevard
Banking company will furnish the
seed, the canvas cloth for covering j
the beds, and paying all expenses of j
the project in growing sufficient i
plants to set out fifty acres of 1
ground in tobacco. .]
Soil tests have proven that tobac- 1
co can be successfully grown in Tran- .
sylvania, and with the generous of- ]
fer of the Brevard Banking company 1
and Mr. Glazener's class of boys, lit- i
tie expense will be entailed by the <
farmers in starting the crop. It is 1
necessary, however, that those want
ing these plants see Mr. Shipman at 1
llie bank, at once.
Transylvania County as Pictured In "
Booklet Issued by State Department\
.In a booklet recently published by i
:he State conservation and develop- !
tnent department, the above and the
following article about Transylvania'
county is published. This booklet is
in great demand throughout the !
county, being especially valuable to j
tho3e who are seeking locations for i
agriculture, mining or industry.
The article follows:
In South Mountain; populat'on, i
12,700; area 242,560 acres; topog- j
caphy, high, fertile .mountainous;
water, Davidson, French Broad, Lit
tle rivers; lakes, Toxaway ; railroads,
Southern; business, Brevard, lnter
s,tr*.-> Pc.m'e Coach I.ine; hiehways,
Nos. 28, 283, 284; incorporated cities
and towns, Brevard, Rosman.
Industrial statistics of the county
Manufacturing Industries 12.
Wage Eearners 806.
Total Wages $665,560.
Mat'l, fuel and power $2,283,552.
Total value products $3,552,881.
Value added by manuf. $1,314,329
The forest area is approximately
204,328 acres, comprising 84 per
cent of the total land area. More
than 24 per cent of the total land
area, is farm woodlands; which in
cludes some 7,000 acres of wood
land pasture. Of the forest land out
side of farms some 80 per cent is
held in large timber tracts. The
principal merchantable species are
chestunt 30 per cent, poplar 10 per
cent, hemlock 10 per cent, oaks 30
It is estimated that there still re
mains a total stand of 150,000,000
board feet of saw timber which Is
fairly accessible by road or rail,
j The Pisgah National Forest in
1 eludes a large area in the northern
portion ?f the county, practically all
if \va; aiorj or less cutover
before it was acquired by the govern- 1
Some 20 sawmills produce about!
25,000,000 board feet of lumber perj
annum. Most of the logs from which ;
this lumber is manufactured are cut,!
in Jackson and Henderson counties.'
There is also a considerable quantity!'
of pulpwood, ties and poles produced
each year. The estimated stumpage
value of the timber cut annually is
around $160,000. Three plants con
sume much of the acid wood and
bark production. These and other
established industies consume the
entire production and new industries
for utilizing small size could well be
Near Brevard there is a very high
! grade manganese ore running as high
as 58 per cent manganese. Beginning
at Lake Toxaway and extending in
!a southwestern direction through
'Jackson and Macon counties there
are large bosses of residuals of
granite. Great Hog Back mountain is
one of these large exposures of;
Water Re?ource? and Power i
! Waters: French Broad, Davidson,!
South Fork Mills, and Little rivers;!
Avery, Cathey, Carson, Toxaway,!
Horse-pasture, headwater forks of'
French Broad river, and other creeks.
Water: Surface sources of supply of
typhical mountain character, numer
ous of both large and small magni
tude; chemical quality, natually ex
cellent in all ways; one or two
streams receiving small amounts of
industrial wastes; physical qualities |
uniformly excellent, pxcispt where
wastes are found, and in jterger
streams, moderately hifth turbfSffMs
! concurrent with flood flows. Power r
j Southern Public Utilities company, of
;the big Duke power lines, and thr
'(Cascaco Power company, giving th< .
? C'/jr.ty power for all ?*??!?.
ASSOCIATED CHARITIES DRIVE
BEING MADE HERE THIS WEEK
'GIVE $100 TO FUND
Employees of the Transylvania
Tanning company, in response to
the call of the Associated Charities,
have pledged $100 as their contribu
tion in the present drive for funds
to carry on the work of this organ
This most generous donation from
the Tannery employees was made
through their Employees Relief
Fund, which has been in operation
for some time and is & department
carried on by the foremen and a
large proportion of the employees,
and functions entirely separate and j
independent of the company. Both
white and colored employees arc !
regular contributors to this fund, j
providing for themselves an avail- 1
able reserve fund in case of sick- i
ncss or death or for ready response '
to worthy community calls, such as i
tho present drive of the Associated j
This highly commendable act on j
the i art of employees of the Tan- '
nery is the first such to come to the 1
attention of The News office in the I
drive now being put on. Other acts |
of ? ommendation will be reported in ?
next week's News.
Appeal Made to Farmers
An appeal is made from the Assoc- j
iate<l Charities to all people living out ?
!n the county, requesting that those |
desiring to contribute toward this ,
fund give food stuff instead of !
?noney where in such instances it
ivould fc? more convenient to do so. i
\ny products of the farm, such as 1
potatoes, corn, any kind of vc-gc
cables or meats, wi!l be gratefully 1
?eceived by this organization for
listribution among the needy poor of
These articles of food may be
aken to the residence of Rev. R. .
j. Alexander or left at the office of
pe Brevard News.
rOBACCQ MEETING :
BE HELD TUESDAY
A tobacco meeting will be held i
iext Tuesday afternoon February li\
it 2 :45 in the Agricultural class
?oom of the Brevard High School. ,
Svery farmer who is interested in the |
oast in growing some tobacco in this j
bounty this year is urged to attend ! :
h''s meeting. Plans are for a tobacco j
p^cialist to talk to the farmers at n
hat time. j.
Farmers are signing up for to-ji
>acco plants in a hurry and in a short h
in:c the quota will have bee?),;]
eached. Those interested in secur- ;
ng plants through the Brevard';
iank's liberal free offer had better |
ee Mr. Shipmcn at once.
"In unity there is strength."
'01110, let us organize ourselves for 1
tudy and work that we may sue- i
:eed in the tobacco undertaking this
JULIAN A. GLAZENR.
All Churches Join in Extending
Rev. Paul Hardsell Right
Hand of Fellowship
A capacity audience fi'led the j
main auditorium and annex of tho I
Brevard Methodist church SunJay I
night, when occurred the welcome ;
service honoring the Rev. Paul i
Hartesll. new pastor of the Brevard I
Baptist church. The gathering was ?
in the nature of a union service. |
representatives from the four j
churches of the town being present, i
and the various pastors partacipath'.^ '
'n the meeting. j
The sermon of the occasion was ?
delivered by the Rev. Mr. Hartsell, i
who gave an inspiring and forceful
message, emphasizing the thought
that service through the will cf
God is the highest standard of a
Christian life. Previous to the ser
mon, brief remarks of greeting and
welcome to the new pastor were
heard from Rev. Harry Perry, rector
of the Episcopal church; Rev. R. L.
Alexander, pastor of the Presbyter
ian church; and Rev. J. H. West, pas
tor of the Methodist church, who al
so presided over the service. The
large choir composed of members of
tHe" choirs of the four churches, and
their song leading and rendering of
special musical selections added
much to the ser.-ice.
Expressions cf delight ever the
jfine spirit cf Christian fellowship in
(evidence at the gathering, were
i heard from many of those in the
! large audience.
PREACHING SERVICES AT
F5NEY GROVE CHURCH
.T. P. Mason, pastor of Piney Grove
Methodist church, near Penrose, . sui
nour.ces that services ^fll bo fc?)d
[in thin church next Sunday afternoon
at 3. o'clock. The public ig cordially
Juvit'ed te ak-nd.
Drive for Funds Now Being
URGENT NEED OF MONEY
STRESSED BY THE BODY
Many Destitute C&ses Report
ed ? Ministers of Brevard
in Charge of Work
Stressing the fact that- there ir
urgent need of funds to carry on the
.work of the Associated Charities o>^
' gani.iation of Brevard, a meeting
j was held at the Methodist church
Sunday afternoon at the call of the
; pastors of the town, who are the
directing board, at which meeting
plans were made for a furthering of
the work. Representatives from each
church met Monday morning aa4
formulated final plans for the work.
Committees of the business mm
of the town, representatives of the
churches, the Woman's Bureau and
other civic organizations are now
making a thorough canvass of the
community for funds with which M
carry on the greatest of all commun
ity work ? that of caring for the
Pressing needs of many unfortun
ate people, families without meaiu>
and unable to secure employment
were reported at the union service
Sunday evening at the M-thodfa-t
church, and at subsequent meeting*
Monday, To meet this j>r<-v need
canvassers are asking tint at leas*
a part of the pledges made to carry
on the work for the ye;?i Bfc made
in cash now. Balance of fciio pledgets
may be paid either in jwMthJy of
it is pointed out by tho. ?? w!>o ;? ?*
in charge of the work and who are
familiar wit>Ahe needs of distress
ing cases, that where it is inconven
ient to- make a cash donation at. th? ?
dm 6 o i making pledge, thai -t;o>l<
groceries be substituted where pos
sible. These needed supplies amy be
taken to the residence of R-?v. K. !.
Alexander or left at the ifffce
The Brevard News from which ecu
cral point they will be distributed.
One distressing case reported hi
Rev. Harry Perry, rector of Ft.
Philips Episcopal churefcr -wirrt f but
of a family, the father in the hone
suffering! from paralysis; ar< invalid
and mentally deficient daughter, find
a dea? Jnd dumb son, all helpless in
sofar as helping care for each other
without means of support, withou!.
sufficient e'lothinjr for warmth, and
no food only sis given then:.
rase was uised by ths reven nd gen
tleman as an illustration of why the
Associated Charities need* (he as
sistance of the entire citizenry -??
Ji<* community. Other caaer- im
ported at the meeting* held fUraday B
and Monday, thoach nr<t as- appealing
ire nearly as needful.
Committees composed of men oil
the town are calling uj?oi: ' lit! busi
ness houses, while members of the
Woman'? Bureau are iris&ipg s the
canvass in the residential ^e.-tioji
Other's are making calls in raviou?
lections of the county.
Funds collected will be 1urn<-3 ?'
over to the treasurer, Rev. ft. L. Al
exander, and will be distribute *?y
the ministers of the town aeting
an investigating committer. .1- S.
(Continued on b.'.clc page)
RE - ORGANIZED IN TOWN
Reorganization of the
association was effected tV pa I
week, with Rev. J. H. West. r>a:tor
of the Methodist church, elected
chairman, and Rev. R. L. Al^iUdier,
pastor of the Presbyterian church,
AH ministers of the toU/i aiito
matically become member* of rhi*
association, and ir. their regular
meetings problems relating to the
welfare of t.he various churches and
to the community are worked out
ana later pat in'.o practical applica
ECK SIMS OUT FOR
SHERIFF OF COUNTY
Eck L. Sima, for a number <1! year*
actively engaged in law enforcement
offices in the county, and in more re
cent yeBrs rural policeman, an
nounces in todny'a Brevard News
that he id a candidate for democratic
nomination foi sheriff of Transyl
In making his announcement. Mr.
.Sims says that he is doiner so at Hw!
?urgent request of many "f his
? friends and that be is going to de
mote his best efforts to win the nom
ination and election.
| Mr. Sims was democratic nominee
^oqr years ago and ?was only defeat
ed oy a very small majority in the
, genera] election. He has sGrved a?
deputy sheriff under Sheriff Paxt'.n,
jwa8 rural police for several years,
-and has been on the police force iaJ
| both Brevard and Bosnian. He b"*^
many friends throughout tire coot
who respect his ability as ? "mL4
and his qualities as a cilry