North Carolina Newspapers

4 X- i7 9 DEDICATED TO MACON County and the Welfare of it Good People ESTABLISHED IN 1885 Oldest North Carolina Newspaper West of Asheville M ft i, II ) W 'i V. 'Id ri'l'l ll E A 116 ' L 0: 1,1 L L 11:1 ) P L PROGRESSIVE LIBERAL INDEPENDENT VOL. XLVI, No. 35 FRANKLIN, N. C, THURSDAY, AUGUST 1 .1931 $1.50 PER YEAR -4' - 7i-j mmk OPEN Y SPECIAL TRUCK TAX OVERRULED Levy on Produce Vans Unconstitutional Court Holds S 'DISCRIMINATORY' Injunction Is Granted By Federal Judges At Asheville ASHEVILLE, Aug. 19.-A three judge Federal court here Wednes day handed down an opinion that a section of the North Carolina revenue act imposing a $50 tax on trucks bringing produce into this state to be peddled was uncon stitutional. The court granted the injunction sought by South Caro lina produce growers against the collection of the tax. The case was argued here on August 3, a temporary injunction having previously been granted by Judge E. Yates Webb in U. S. district court. The temporary re straining order was continued pend ing the decision of the three-judge court. The complainant in the action was B. M. Gramling, of Spartan burg, a large scale peach grower, who asked the injunction against A. J. Maxwell, revenue commission er, restraining him from collecting the $50 tax. The tax was levied, in Section 121 1-2 of the revenue act enacted by the last General Assembly. A decree enjoining lie revenue commissioner from collecting the tax or prosecuting peddlers for failure to pay it was filed along with 'the opinion yesterday. - Written By Parker The opinion, which was written by Judge John J. Parker, and con curred in by Judge E. Yates Webb and Judge H. H. Watkins, is 15 typewritten pages long and cites numerous authorities for the de cision. The opinion sets up the facts in the case, stating that the action is brought by B, M. Grambling .in behalf of himself and others sim ilarly situated, of which he alleges there ar at least 400. He contend ed that he would be irreparably damaged by the operation of the statute. The opinion then cites the answer filed by the commissioner of reve nue in which dismissal of the ac tion is asked on the grounds that there exists an adequate remedy at law. On the question of constitution ality of the act, the opinion holds that a state may impose a tax on peddlers so long as there is no discrimination in the tax against the- goods of other states. The opinion continues: "But the state may not, in its tax on peddlers or other taxes, discriminate against the products of another state." Art Lecturer is on Visit in Highlands M and Mrs. Huger Elliott, of New York, arrived in Highlands last Thursday to spend the remain der of August visiting Mr. Elliott's mother and sisters.' Mr. Elliott ,for some years has been education al director of the Metropolitan Museum with a staff of 20 assist ing . him in lecturing on various phases of art in connection with the vastTOllections of the famous museum. Mrs. Huger Elliott also is an artist of distinction. f SEEKS LnCDEvJfty If V rtr rrpAk.ic:iDC ccrxo AlN'T So HARD AS VT icert To o m s m mm Over Thousand Summer Guests Reported Here During Past Six Weeks More than one thousand summer tourists have visited Franklin dur ing the last six 'weeks, remaining over the week-end and for longer periods, it is estimated from fig ures given The Press by the ho tels and larger summer boarding houses of Franklin. This docs not include vacationers passing through and stopping for luncheon or din npr. This number easily ranges from 75 to 100 daily, from num bers reported by Scott Griffin and Franklin hotels and Miss Kelly's Tea Shop, on the main line of travel. It has been interesting to ob serve the license tags of cars park ed on Main street each day, rep resenting every state in the union as ' well as Canada. Cars from New England are less frequent than those from the far west; the mid dle west is a daily visitor as well as the north. Of course, the most frequent guests are neighbors from this state, Georgia, Florida, South Carolina and Alabama. But there are many from distant states and some from foreign countries. Among the latter, Nicarauga as well as Canada has been repre sented, while it is gratifying to ob serve Jong period guests from olhr er resort states as well as from the warmer localities. There is the usualnuniber of in dividuals and families who come for a month or longer for the bene fit of the cooler climate .as well as the beauty of the surrounding country. Thcy not only board in the larger houses, but a consider able number are spending the sum mer as guests in private homes, or have rented furnished quarters. Old Time Turnip' Still Captured on Peek's Creek SMART FAMILY HOLDSREUNION The Smart clan held their an nual reunion Sunday at die home of Mr. J. J. Mann on Route 2 about three miles from Franklin on the Georgia road. Represen tatives were present from four counties in North Carolina and from three states. A very bounti ful dinner was served on the lawn in front of the house, which is neatly kept and has ' attracted -the attention of many who pass that way. There were present as guests of honor Rev. Mr.- and Mrs. J. . Teaguc, of Route 2, who conduct ed the devotional exercises and made a very touching and inspir ing address; also Mr. G. T. Stiles, of Frankin, who has been a life long friend of the Smart family and who made a very interesting talk on the history of the family. There were also present as a guest of honor, Miss Loula 1!. 1 latum, of Charleston, S, C, besides several other young people from different parts of the state. Mr. W. C. Smart, who . is presi (Continued on page lix) Has Strawberry Vines Which Beast All Sttnimr Believe it or not, Mr. Wiley Cun ningham of Route 2, is picking strawberries in August. Mr. Cun ningham brought 'a basket of th-: berries to the 'Pre.ss.. office the other day just to show that lie' didn't mean to ''spoof" anyone. j Several year sago Mr. 'Cunning ham read ', an advertisement in a German newspaper of a strawberry vine which it was claimed- would bear fruit eight or nine months each year. He paid ten or twelve dollars for 100 settings, and each year since planting them he has had strawberries all summer lung The altitude here, he reported, is to high for the vine to bear as long as" claimed in, Germany but they have .been fruiting from May Among these are devotees ii Franklin, coming year after year because they, dove the place ami the people, and find comfort and pleasure that lias been afforded them always in full measure. While the number has been less than a few years ago when the crest of the prosperity wave .on tamed, ' hostesses repost that 1 most encouraging feature of 1 1 1 1 -year's business lias been the large proportion of .first-time . visitors, encouraged by the through hard surfaced roads and other reasons to coine litis way, who have mar velled at the unheralded and ILlth known beauty of a section that of fers so much to the joys md tlw recreation of nature-lovers. It is the., invariable comment of these en thusiastic travelers, "We did 'not know there Were such wonderful mountains in North' Carolina, we never heard of them,;" and "Why don't you tell people in other sec tions of the surpassing beauty of this region?" The answer to these constant questions has to be an acknowledgment that little effort has been made so far to advertise Franklin as a summer report in any concerted or general way. Besides a number .of .summer visitors to homes around Frankli", there must be mentioned the-numerous happy pilgrims who conn "home'" to visit relatives and friends, sometimes from far lis (ant homes of their adoption; who look forward, summer" after -stun -nier, to spending their vacations in the old home. Especially anion.' these art' the numbers who return tii attend the family reunions, and important and deeply ' significant custom in Macon county. Deputy George Mallonee Routs Moonshiners From Lair Deputy Sheriff (ieorg Mallonei surprised two moonshiners' ri 1 1 1 1 1 i 1 1 : off 'apple brandy from an old fashioned "turnip" still oil Peek'; Creek about noon Wednesday. - Tin men broke for th- laurel' thicket: at the approach of ihe officer ami escaped, but Mallonee capluted th' still, which evidently had bc."i used for a number -of yciiv ih also seized about It) gallons' " what is known in the jj.i'"1- :. - -.l bloekadcrs as "singlm,"' Wether with, two barrels of brandy beer The still was , made of c ipper and the boiler was shaped like a turnip. This design - was. r om nioii.in the old. days before, pro hihition, but it now has beconn almost extinct. Sheriff A I' Sl.ig h- says he will offer ii. to the Slate M usi inn at. Iah i ..di. This in.:krs 1!,,' third ' Mill ' w'hii h 1 ill 1 cr M.ih.nee . S' -i n't" Slagh has capture d -v..' . r- eeiil we els On, Juy '" the' slu 1 iff and hi' deputy found a still on ("owee.ta and seized si -'gallons of lieptor. They emptied a thousand gallons of 'mash into .-the. brain h. . (Continued en p.iije six) . 1 until the latter part of .October - M r. ( 'iinningliam '- i s tint, so far as In- l-.i.u In and his daugh ter, Mrs. John Tice of h.tla, arc the only , per-ui:s. ii, :ln I'rMi-l States possessing this vari'Mv of straw ben y. 'I lie vitii; i;i.ws. M" lifii'.'dly, . spi'o'riiiii. many, new sh'.-of' each year. Mr. .Cumiim-hitui-' sa-d he' - planned later u s-!l s. "mi of the settings I ;( ;. yet. In ' has used all of the .siiooi.s for replant ing on his own latin, lie uo, has about one-sixteenth an -ere cet out ill this parri. . ular ,er:' . The berries are fairly h.wi I have-a -delicious flavor.1 On e Mr. Cumiiiit'ham. found ,3o 'of them in one .bunch., .They, bear' .fairly abundantly and constantly for at k-ast six- months. " . AUGUST COURT OPENS JONDAY Bill Banes, Prisoner Evangeiisl, To Go On Trial CALENDARJS HEAVY McCoy Damage Suits on Civil Calendar , For Thursday The regular August term of Ma con county superior court will n vene Monday for . a two .weeks session with Judge W. F. Harding pi t siding. . 'The first lime days have been set .aside for the trial of criminal ( asi s, . 1 1 1 1st' outstanding of which is likely to be that of Hill Ham s, .VI, of Sw: 11 county, who has hi'cn attracting large crowds in front of tin- cunly jail Saturday, after 11011 to, hear him preach. liancs is charged with an al tempeied criminal attack ijii a 12-year-old girl, lie was arrested early in July in Swain county after a long chase. Befriended by Farmer Hams, i was reported, was spending the night of July 1, al the home of a farmer in the rurnuigtown section. Suffering from a sore foul and apparently weak and hungry, liancs had gone to the home' and asked lodging The farmer look pity on him ami gave him. something to eat. and a place to sleep. About 1 'o'clock in the morning the family, it vv.'is re polled. "was awakened by .the screams of the farmer's young daughter. Rushing to the child's room, the -farmer found- Manes al legedly attempting a heinous crime. He . threalc.fd to kill liancs on the spot, it was reliably reported; but finally, on the persiusiovl of his wife, hf relented and told the visitor to have his honie promptly A warrant was . sworn out for Manes the following day but he eluded arrest for several days, fin. ally being captured in the Wcsscr section of Swain county. Civil Docket The Civil cah.ndar is seheduli d to he taken up Thursday, Align I .17: The first eases listed an those of- V. L McCoy'1, l''r;mklili attorney, vs. J. M. Justice, Sheriff A. M. Slagle and various attorneys who appeared- for Justice in a damage suit , in whuh Justice al hi.ed alienation of the affections of hi wife. McCoy is suiui: for $X.v IKKI in ,,nr cn.se, !, 15,000 in another, and $15,000 in vat another, chare iug defamation .uf. cliaraeter. The .'ri.'.nial case of Justice-vs. McCoy is still pending in the courts. A special term of Civil court has been called to I'.iiMiif Si gi niber II, wirli -Jude Calinroii Mekae, of Ashe v illc, .presiding,, to try -a large number of cases for which there wrii no room on the Aneiisl i ah-ii.-lar. Many of the cases at this term -'have, hern 'brought by the.iounty against jlelimitifiil tax payeis or by. the- Hank of I-rank -lm to collect under deeds uf trust. PC D ... MOTHER DIES Death Claims Mrs. A. A Daufjherty at East Radford, Va. Mi's.' k. 1 forlcr received a telejiram v.ednesday informing' her of the death of her mother, Mrs. A A. Daugherfy, Tuesday mom" in:: .it the home of Mrs: Harry Martin, another daughter of Mrs 1 lair.'herty, at Fast Radford, Va. .Mrs. I laugher ty, who was 70 yi ai s ohl, , nad been. ill ab'Mit five we'e'ks. 'J in funeral .will he held at I-.in o; '-, Va. Mrs. Danglu-rty's fonne'r li'-me.'- Mr. and Mrs. I'orter left 1-raiiklin Wednesday night to at tend, the services. Mrs. Daugh-erty' was well known in .-Franklin. . For several year she lived here with , 'her son, the kev. R. If. , Daufchcrty, formerly .pastor., of the Franklin Methodist church.. Since then she has been a .frequent" visitor here Small Girl Rescues Pet Dog From Well Margaret 'life, eight-year-old daughter of Mr. and Mrs. John Tice of the lotla section, lovei. her dog. . About a week ago the pet of nondescript ancestry but, neverthele ss, the finest dog there is in little Margaret's eyes fell into a 5(1-foot well. Mrs. Tice heard the dog harking and whin ing for help. She called Mr. Tice, who. found the dog in the well, which looked deep, dark and ominous. In fact it was far to fo; bidding for Johnny Tice, 15; he shook his he.nl most positively when his father sug gested that hp 'e lowered into the yawning hole by a rope. But not so with little M ir garet. "I'll go down and get my dog," she said, und so she did, emerg ing a few minutes later liom the shadowy recess tightly clasp ing her littlo pet, which barked with joy over his rescue. BOBBY JONES LURES CROWD Over 500 See King of Golfdom Play at Highlands The golf nialcli held in Highlands Saturday lured a crowd of more than 500 spectators to the High lands Fstale-s course' to watch Hob by Join s shout a ('). I )ue to Mr. Jone s' gr.iciousiiess in coiisiiiliiig lo play a game- for thl Hudson Library fund, $5W) was added to the fund. A meeting of the trustees of the Library will be held this week lo decide on im provement and new books for the popular institution. Hobby Jones' partner was Scott J ludsi in, . J r.i who scored 75. Their opponents wire Frrie Mall, Southeastern 1'. !. A. champion,, and Charlie Yates, (ieorgia Stale amateur title- holder. Mall's score was 7.1, while' Charlie' Yates was 75. . John Byrne Becomes Member of Rotary Club John l'yriie, Supervisor of (he Xantahala National forest, was jn duete'd as a new member. ii(lo the Franklin k'oiary club at its weekly liimheon Wednesday at till' Se'oll i irii fin hotel. Tin- ke v. X i v in C. Duncan, ke-e (or of the-l .pisi opal I'hnr-e lu s here and al Highlands, was the speaker of tin- day. Mr. Duncan, who came lj i Franklin in J une1 said that v File hi- was In i e as a 'n-p-i'i si ie larive of a particular -faith he d It lint it was his' iriv ilege and duly to serve-, the i:ominunilv as a whole re'.'ardless of. denominational lim s. A numhi r of members of the local ki'itarv club are plannim-'.' to go to Wavtu sv ille ' Monday for the Inte-r-city Rotary n n-i-t iin- at l.ak' Junaluska at 7 o'clock in the even ing. -'Mcginning al 2 oMock in the aflenioiitl there will be a golf lonruey and while- the kotarians are on the links their wives will be, entertained at a reception specially ' arranged for ih(:iu. BACK HOME Milton Sanders, who lias been studying the violin und r an old. ci in ii I ry master in N'ew York for the summer, returned t - Franklin last week. Tommy Angel Wins Local Invitation Golf Tourney Tommy Angel, of Franklin, di'-f-eated Chin Sutton, Jr., of Wash i n ;.' i .ti, Ca., d-and 5, in the 'finals, to" win the. .summer, inv itation golf tournament at tlm franklin gblf i nurse last Friday afte rnoon. , ; See olid flight honors went to Dick Jones, who won over J. S. Conlcy in the- finals of this group., Considerable, interest was shown in the tourney with several .-players, from .out of low n participating, despite the fact that two tourna ments we re in progress at Ashe ville and still others were occur ring at other clubs in this section. Low qualifying score in the September 7 Set For Opening Here And at Highlands MANY ATTEND CLAN REUNION 5th Annual Henderson and Peek Gathering Is Big Success BY MADGE EVANS THOMPSON I he' fifth annual I leilde rson-1 'ee k reunion held al Mine (iron- church Saturday, Aug.- IS, was a real suc cess; il being unanimously voted that it was tin- most inspii iug and be st alli-nded reunion y. he ld. The- weather was beaulilul wilh all nature' smiling mi tin descendant-, eif llle'sc Iwo old families the very -mountains seemed to draw near in friendly greeting. . ' The e arly nioi uiiig , was niaike'd by happy voices ringing in gieet ing as k lalive-s from ,-, sections ol the' country arrived. It was a Uala at I air, and though there, were nioiueiils of sadness and I curs, for loved ones gone nil, the day was a happy one-. There' were- (hose returning to the' scenes eif their childhood after many yeais ol absence whose' souls were' thrille d, and '. ye t, lo (hem canu- a inonie nt of sadness, us they realized how loii'g a way . they had conn from the ir childhood, tin ii hijji hopes fur life' their dreams. The y stopped' for a mome nt tu lake stock of the ir life- to cateh a new vision to go ' forward' the mark of the high calling in Christ Jesus whuh is tin- glorious heritage of the- I le mil l Si. and 1'e e ks. The ir ancestors were ' i'od fearing men -men who had e aught the vision and never hi tin lesser things of lift intrude to mar its beauty. The- e ntire assembly joim d in singing hymn Her which liny wire led in prayer, by the' Rev. Wayne Jacobs, who was' a guest o tin- minion: The president, J. K. Jliiidirsi.n, .gave' an iiplilling ami inspii iug ippcning : addre ss and was followed I; Mrs. I.e-ona l.vaiis Mryson, chairman of the program committee. '1 la program was iu I 1 1 1 1 1 a I and very mle -resting. The kev. J. I. Vinson vv.e-. in trodueid and spoke brielly m be half, ol the hiilidlli;'. Illlld lot I'llii (iiov e- church-. . The ir neeil for a new i Inn - Ii ami llie t ai in st e l f n I tin y - a: i niak in In . n i l then e hure Ii helore the i umoii shall meet another year was brought In- foie the 'people. A vely liberal offering was given by , the assem Fly.' .''"'... Mis-, Mlllial I'eel; very ehvelly lead tor the- gathe-rifu' "Some Mright. Sayings of the HelidelSoli ami I'eek Desee iidanls.'" Also a reading,' which had for its tlu-ine, "Hurrah for the Hendersons and Reeks!" The "Mright Sayings" seemed lo be thoroughly enjoyed, and the' lellmg oi anecdotes became., gen e ral. I he- lac I thai a true I k n de i son has hair on top of his he ad which a mixture of iVck blood in slaully dissipau.s vva an interest i n : discovery. I'eek. blood sei'iTU'd (Continued on page ix) Franklin eve nt Was made by Cro yier Sevvcll, of .Miami, Ma., who tinned in ii 77, one- (if the lowest score, s' e v e r made on this course. Tommy, Angel qualified vy-ith a 79. Following are the: full results of the first flight: First round: Frank I. Murray defeated Ci'iier Sevvcll one up; Clem Sutton, Jr., won (rom-Murray, 7 and 6; Sutton downfd Har jey Lyle, 0 and 5 ; Semi-finals : Tommy Angel drew a ..bye; Guy L. Houk beatR. L. Wilson, of Cornelia, Ga., 2 and 1 ; Angel defeated Houk 8and 7; Finals: Angel defeated Sutton 6 and 5. v Teachers' Meeting Is Call ed by Billings For Saturday DELAY EXPLAINED State Undertakes To Support Schools For 6 Months The 41 rural schools of Macon county will open for the 1931-32 session Monday, August 23, and ihe Franklin and High lands schools will hein on Monday, Sepleinher 7, it was announced this week hy-Superintendent M. D. Billings. Teachers for nearly all of the schools, except in Franklin and Highlands, were announced in last week's issue of The Press. A teachers' meeting has been called by Superintendent Billings for Saturday. The rural scheiols of this county usually open early in July, but this year the start was delayed on ac count uf the 'fact that (he Slate Fepialiation Board had a very lim ited lime, afte r the- belated adjourn ment of the -General- Assembly's record-breaking' session, tu act on Ihe budgets -of the scheiol systems eif (he 100 counties of the stale. Mr. Billings heard only last week from the: budget he subiuitlcel to the beard. Support of ' the schools this year will devolve largely upon the stale, under the .MacLeau bill e-naeted by the legislature, providing for state support of all public schools for six months. An ad valorem or land tax of 15 cents was levied to take care of this adde d expi use to the' state. CABE FAMILY REUNION SET FOR AUGUST 30 The annual reunion of the de scendants and relatives of William Washington Cabe will be: held .it the home of Chares A. Cabc on August '.10, All members of. the elan are' expectiil to be present w ith their lunch baskets well f illc J. Will Rogers Picks A Story For This Spot By WILL ROGERS COME folks never leave theii nerve at home. But restaurant people tell me they meet mora nervy ones than anybody else. May be they mean among themselves or they might be blaming the custom ers, I don't know. , ' In a swell restaurant in Pitts burg the other day, a feller sat lown and ordered a planked sirloin jteak and as many high-falutin lide-dishes as he could eat. After wmplaining to the waiter about the lervice, he finished the meal and :alled for the headwaiter. The headwaiter came over, and this bird looks at him and says, 4 Ain't you the guy that threw me out of thiffjoint a couple of years ftgo when I was temporarily short of funds?" "That might be true, sir," ex plained the waiter, "but those were the rules, and I . . ." "Well,'' says the customer, "You did such a good job that I'm back again, only' this time I'm perman ently embarrassed, bo I guess ymT) ov to ldck ma out permanent' . tioMrlou NtW Fittum, '