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.ll! IT6A PROGRESSIVE rAKMXJT!: fc'.-'f
k! Iff THE NEWS-RECORD
BOTH A YEAR FOR
THE ONLY NEWSPAPER PUBLISHED IN MADISON COUNTY
8 Pages This Week
VOL. XXI
MARSHALL, N. C, FRIDAY,
APRIL 26, 1929
1250
1 ' i
IW7
FISHING LAWS AND
REGULATIONS
Complaints Made Of Violations
By Madison Parties
Mr. A. F. Roberts, Game and Fish
Warden of Madison County, has re
ceived a letter from Mr. J. S. Har
gett, Assistant Director of the De
partment of Conservation and Devel
opment at Raleigh, N. C, in which it
is declared that there has been com
plaint made against parties or mill
owners or operators allowing saw
dust to be put in Spill Corn Creek,
and also Big Laurel Creek. On ac
count of these creeks being inhabited
by game fish, this violation is strictly
against the law, as will be seen by a
copy of the Pollution Act whicn we
are publishing in connection with
this article.
The editor of this paper has heard
some complaints before about saw
dust being put in Big Laurel River,
and such a practice should certainly
be stopped, as it means less game
fish and polluted waters.
Follbwing is the law concerning
the pollution of streams, etc.
SECTION 20, CHAPTER 84
. PUBLIC LAWS 1915
Discharge of Deleterious Matter Into
Waters Prohibited
It shall be unlawful to discharge
or to cause or permit to be discharg
ed into the waters of the State any
deleterious or poisoning substance or
substances inimical to the fishes in
habiting the said water; and any per
son, persons, or corporation violat
ing the provisions of this section
shall be guilty of a misdemeanor,
and upon conviction, be fined or im
prisond in the discretion of the court;
Provided, this section shall not apply
to corporations chartered either by
general law or special act before the
4th day of March 1915.
CHAPTER 107
Public Laws of North Carolina
SESSION 1927
AN ACT TO PREVENT POLLU
TION OF FISHING STREAMS AND
TRESPASS ON STATE FISH
HATCSjRX-FROPERTYrflKe-
The General Assembly of North Car
olina do enact:
Section 1. No person, firm or cor
poration shall put or place in any
waters within or on the boundaries
of this State, any electricity, explos
ives or poisonous substances whatso
ever for the purpose of catching, in
juring or killing' fish. No person,
firm or corporation shall allow sub
stances, poisonous to- fish, to be
turned into or allowed to run, flow,
wash or be emptied into any waters
within this commonwealth, designated
by Fisheries Commission Board as
fish producing waters, unless it be
shown to the satisfaction of the Fish
eries Commission Board or, to the
proper court that every reasonable
and practicable means has been usd
to abate and prevent the pollution
of waters in question by emptying
into same any deleterious or poison
ous substances: PROVIDED this sec
tion shall not apnly to dyestuffs or
sewage discharged from cotton mills,
Section 2. In prosecutions under
this act lor pollution of water by
, substances known to be injurious to
fish or fish food, it shall not be nec
essary to prove that such substances
nave actually caused the. death of
any particular nsh.
Section 3. No person shall fish
or trespass with intent to .fish in or
upon any waters or beds or banks of
any water, t or any land controlled,
. or owned, or occupied by the State
Fisheries Commission.- No . person
shall wilfully or .maliciously destroy
v or damage any ponds, property or
appliance whatsoever, of the commis-
' sion, nor Interfere obstruct, eolluta
or diminish the natural flow of water
into or through any State fish hatch-
. Section : 4. Any person violating
any of the provisions of this act
shall on conviction, be fined not less
than one hundred dollars for each
and every offense: PROVIDED,
FURTHER, that this act shall apply
only to such fish producing streams
designated as such by the Fisheries
Commission Board, and that no pros
ecution under' this act shall be insti
tuted except by said Fisheries Com
mission Board. ' ' , ;
; .Section 5. This act shall be en-i
: forced from and after its ratifica-
tion.. :
. ' . Ratified this the 4th day of March,
A D., 1927, , , .
i;: ' ' ' . -
Following we publish a copy of the
( article concerning licenses, open sea
; on for some fish, bag and sise1imts,
RESIDENT: ,Ko eounty license re-
quired except where authorised by
7 ' ; County '.Commissioners . under' op-
tional clause of law of 1929.
i;-' Eesideni , County -license, ' $ L10 ;
v daily permit, 0c Resident coun
. ty license required of persons fleh-
ing'by any: method 'in the follow
. "ing t3untis: Euncombe, Haywoed
.Graham, a "n, Jackson, Madison,:
. r ndsron, Yancey,-Mitchell, Ire-
a.i,. Alexander,' iiaeon, Clay,
'.Poll: Ar
At e Burke. JcDow-'l
ell.- Resltlt'State'ia
ffTl''fr.
- Weaftf A. . - .
THOMASVILLE TO HAVE
MEMORIAL HOSPITAL
Thomas J. Finch' Offers $40,
000 In Memory Of Son
Killed I a Accident
ThomasrilU, April 17 "City
Memorial Hospitals the , latest
enterprise to 1 be " launched in
Thomasville, according to the pa
pers issued by the Secretary of
State, Dr. C. H. Phillips, J. E.
Lambeth, and DoaV finch, being
the incorporators.' VV '''' ' "
The offer of Thomas J. Finch,
banker and manufacturer, to -give
$40,000 made the' establishment
of the hospital, possible. The Duke
Foundation will f ive a like a
mount it is understood.
It has been known for some
time that Mr. Finch wished to
build a permanent memorial to
his son, Brown Finch, who lost his
life at West End crossing when
fast train No. 37 caught the young
man in his car, taking his life in
stantly. The location , of, the .hospital
has not been determined. Among
the sites discussed is the home of
Mrs. Hamet Harris. C. F. Finch
offer free a tract in the north
western part of town.
county or waters abutting thereto.
NON-RESIDENT STATE LICENSE:
$3.10.
NO LICENSES REQUIRED,: (1) of
persons under 16 years of age;
(2) of persons fishing in the At
lantic Ocean the sounds or other
large bodies of water which do not,
in the judgment of the Depart
ment of Conservation and Devel
opment, need to be stocked or pro
tected; (3) of owners of land or
" (members of their family under 21
years of age for fishing on their
own property.
Angler is required to carry license
on person and to display license but
ton on outer garment while fishing...
i
OPEN SEASON, BAG AND SIZE
LIMITS
BROOK OR SPECKLED TROUT:
April 15 to September 1. Mini
mum size limit, 6 inches; bag lim
it, 25 in one day.
RAINBOW TROUT : April 16 to
September 1 ; minimum size limit,
8 inches; bag limit, 25 in one day.
BLACK OR LARGE MOUTH BASS
June' 10 to April 20 of succeeding
year; Size limit, -12 inches; bag
limit, 8 in one day.
SMALL MOUTH BASS (MOUN
TAIN COUNTIES) : June 10 to
October 1 of each year; size limit,
12 inches; no bag limit prescribed. I
NEW APARTMENT
HOUSE FOR HOT
SPRINGS
BRICK BUILDING, STEAIm HEAT,
RUNNING WATER ( MOD
ERN IN EVERY SENSE
Hot Springs is soon to have a new
apartment house, according, to -information
coming t front. that pretty
town'. Families locating there may
have the advantages of modern con
veniences if they wish to .occupy an
apartment house rather than a private
home. Mr. and Mrs Oscar Brooks
have bought a comer lot from Mr. W.
H. Flemming fbr the' building and
work on the foundation is already
underway. The building is to be of
brick, two storieslilghj and td contain
four apartments, two on either floor.
with a private entrance to each a-
partment. Steam heat,, electric
lights, hot and cold running water,
and a private, bath for every apart
ment is the plan. - Each apartment
is to have six rooms Including bath.
Mr. I. H." Garenflo is doing the work
under the supervision of the owner
BUY 100 MILES
OF CARS WEEKLY
By Ei E. Duffy
Motor car mirehasera -are adding
to the. highway burden at the rate of
lW miles of new automobiles week
ly. At. the end of 1929 the combined
length of trucks, busses and oassen-
ger cars will be approximately 65,-
In addition to the reolacement of
about 2,000.000 worn out cars. anto.
mobile manufacturers expect to place
new cars in the garages of another ?
2,uvu,uuu owners.- v v s, - : ; ;
. .. Records kept by state hlghhay
officials, park officials,'- health resorts
and "countless .tourist camps reveal
that motor car usage is increasing at
an even faster rate than registration
figures. This means that the hiirhwava
are carrying a. tremendous volume of t
traffic that as yetshows.no sign off
lessening its growth. y.T .vsv . 'h-
more than , three a and : a half biUion
dollars ."seeing th. country.? Tour
ing, is only a small nart f the high
way storr but it is indicative of the
pleasureof the car.' With busses ofi
passengerY over route. totaKnV 100.! i,
CCO miles, and with hvn liio inveat-i
menta at about the h!f bii.ioa dQl-',
lar mark, it is evid. r t that commer- i'
ciaf motor transport
mTe naoK
Asf"rtvr-
' vt ovp'r V
i.h U.e i..
. j or so 1
, J .
wHEN0MAf4" rb---
MAKES OP HER MlMt-?? Sw
rubber tires are running, there are
still no more than 80,000 miles of
roads that can be rated as first-class.
More money must be spent for per
manent highway improvements, high
way officials and authorities all over
the country are pointing out. Bett-jr
use can be found for funds now being
spent for maintenance and construc
tion of roads .that cannot cope suc
cessfully with the tons of shifting
traffic that hurtle over them.
In many instances those charged
with road planning have failed to re
cognize that motor transportation is
a permanent thing and that the high'
way should also be as permanent as meetings and extension schools held
possible, else this and succeeding gen- j ljy workers of the agricultural ex
erations will continue to pour cash tension service of State College in
into a sink hole of maintenance and -1928.
: THE PUBLISHER'S COLLIN :
: ABOUT VARIOUS MATTERS :
, . e . - .,. - o
WHAT'S GOING ON IN MARS HILL ' ; , v i
It is always pleasant to run over to Mars Hill and find out what
the people of that town and community are thinking about and doing.
Wednesday town politics Seemed to be claiming their principal atten
tion. It seems that the people there are about equally divided in two
factions municipally and politically speaking. They were not sure but
that the two factions might get together on a ticket for town officers
before the time of entries closed April 27. Hence we are saying
nothing about who may be the town officers in this issue, as things
might take a change, either for better or worse before we could come
out w'th this issue. We found that somebody is responsible for the
town's having a fire fighting equipment, just purchased and Chief Roy
Tillery, Mr. Bob Tilson, Mr. Fred Holcombe, Mr. G K. Ponder, Mr. E.
W. Reese, and some others seem to be having some fund trying the fire
truck out. We also found Mr J. V. Erskine and Mr. J. A. Fox of
Weaverville over there with a crew of men planting telephone poles,
preparatory to a telephone system which they are putting in there. Mr.
Erskine hopes to have as many as seventy-five subscribers for tele
phones in Mars Hill. Several Mars Hill residents feel that Marshall
has dealt unjustly with Mars Hill, California Creek, Nos. 5 and 11
Townships in the matter of roads This writer is not in possession of
all the facts in the matter, hence is not in position to express an opinion.
However, we feelthat if any wrong has been done, the wrong has not
been shared in by everybody in Marshall, certainly intentionally, and
the community as a whole should not be held responsible. If it can be
clearly' shown that Mars Hill, or any other community has been dis-
criminated against, this writer, for one; stands ready to do all in his
power to adjust or rectify any wrongs. This writer is certainly favor
able toward Mars Hill and California Creek having as good road facil
ities as can be obtained in fair and honest financing but how to procure
the necessary funds is the matter that seems to cause a difference in
opinion. We should be delighted to see some solution of the problem
that would bring relief to these people and at the same time satisfy the
people of other sections of the county. , The columns of this paper are
open for a sensible discussion of this matter on both sides until an am
icable feeiing is brought about if possible.
A FINE SERMON ON BETTER HOMES
This paper seldom prints sermons delivered locally for the reason
that it would be impossible in our space to publish a sermon from ev
ery minister in the county, or even in the town of Marshall. One ser
mon in full would take more space than we can give to one subject.
Besides, it would not, as a rule, be as effective as reading matter as it
would delivered from the stand 'Moreover, a's this paper is not for
one denomination more than another, we could hot afford to print some
and not offer the columns to the others. And it would not do to pub-
1, T vY ! T '
sible for him to hear more than one
inclined to break the rule this week and say a wprd or two about, the
sermon delivered at the Baptist church in Marshall last Sunday morn
ing by the pastor, Bev. H. L. Smith. . It was the beginning of Better
Homes Week, observed all over America, which movement has the sup
port of President Hoover and many of our best leaders and thinkers.
. The matter was called to the attention of our readers last week in the
Hoarie Demonstration Agent's column, which was referred to by the
'minister. - The congregation had been requested to sit together in fam
ily groups and a special invitation had been sent out to all the families
'to attend Some visitors were present, also. The. music had been se
lected suitable for the occasion, "The Family. Circle"; being a special
selection, and tne service closed witb
the borne; the making of a horn, the beautifying of the (tome, the own- i
'ing of one's home were points brought out by the preacher. Great I
.-tress was laid upon the value to-good citixenship of ,the. ownership of ;
. opl ihouUl lv a
rot nacn value Which they can. call their, own . It g anchor in
tha storm-tossed sea of life, a olaea of ref us, a alaee of rest.. a nlaea V
AlsmorothaBovef which th owaer is rulers Only
cSed "om tb bom is the ounaatlonof society. ' It was a great
mnd Xuxsttf setniea si worthy of being broaeaiVta,all America -
periodical rebuilding.
I An automobile mileage of 65,000
does not compare favorably with a
first-class road mileage of 80,000.
Mrs. Hellflinder was attending her
first football game. "Oh, isn't it aw
ful," she cried. "Why, they will kill
that poor boy underneath."
"Don't be silly, mother!" exclaimed
her daughter. "He doesn't mind
he's unconscious by this time. Path
finder. Over one million citizens of North
Carolina were reached in various
pu-uauor, k imp-
at -the same time. But we do feel Ai
"Home Sweet .Home. What thevt
spot of laad wa If it
- by owning ana's home can It be
PLAN FOR HIGHWAY
T O TENNESSEE I S
mKT MEET
''Directors of the Buncombe
County Good Roads association
have endorsed the plan of J. G.
Stikeleather, state highway com
missioner for the ninth district,
to meet with Tennessee highway
commissioner on the construc
tion of a short route from North
Carolina to Tennessee by way of
Mars Hill and Erwin, Tenn., it
! was announced last week.
I The directors met at the Lan-
gren hotel Wednesday night for
their monthly session. The pro-
posed new connection between
I Tennessee and North Carolina
i would shorten the distance from
Asheville to Johnson City by more
than 20 miles, it has been pointed
out. Following passage of reso
j lutions thanking Mr. Stikeleather
for his efforts in this behalf, the
I directors of the good roads asso-
ciation discussed western North
Carolina roads in general.
COURT IN
MARSHALL
.The regular April civil term of the
Superior Court convened on Monday,
April 22, with Judge Michael Schenck
of Hendersonville presiding. The
calendar was called which contained
14 cases, four of which were on 1ie
calendar for Monday. Of these four,
two were continued and two were
compromised, the most important be
ing the N case of Hazel Rudisill, Ad
ministratrix of the estate of Gordon
Rudisill. vs B. & H. Coach Co. and
American Fedilty and Casualty Co.,
wa3 cmpromised late Saturday after
noon, April 20th, for the sum of
$2250 and costs, thus disposing of
Monday's cases in very few minutes.
The Rudisill case has been tried
twice, the first time the plaintiff be
ing awarded a verdict for the sum of
$6,500 by., the jury, which was set a
side 5y: Judge Moore and a new '.trial
ordered. The second time the "jury
failed to reach an agreement and
were withdrawn and a new trial or
dered. v.Nine days were consumed
for hte two trials. Hon. John A.
Hendricks and Mr. Mark W. Brown
were the attorney representing the
plaintiff and Messrs. Hester, Feimster
and Thos. Si Rollins, attorneys rep
resenting' the defendants.
The case of O. J. Thomas vs A-
, zalia Woodworking Co., in which he
I is asking damages for personal in
juries in the sum of $15,000.00, con-
sumed Tuesday and most of Wednes-
1 1 :45 A. M. Wednesday and delib
j erated about two hours, in which they
j say that the plaintiff is entitled to
I recover $500.00. Judgment at this
time nas not Deen entered, and is
not known at this time whether or
not the defendants will appeal.
Messrs. J. C. Ramsey, J. H. McElroy
and C. B. Mashburn were attorneys
for the plaintiff, with Messrs. A. Hall
Johnson and Guy V. Roberts repre
senting the defendant, Azalia Wood
working Co.
iwo divorce cases weiT heard in
which Mrs. Nora Mae Lunsford was
granted an absolute divorce from
Steve Lunsford, and Mrs. Mary Shel
ton was granted an absolute divorce
from Arson Shelton..
The case of A. W. Sherer vs
toutnern Kan way (Jo. was compro
mised, the plaintiff receiving $75.00
for store removed by the defendant
from plaintiff's land, to repair walls
which were damaged by the recent
high id of the French Broad River.
The case of McKinley Franklin vs
City Mill Co. and J. E. Ramsey, in
which the plaintiff is seeking to re
cover the sum of $10,000.00 for per
sonal injuries received in an automo
bfls .collision while riding in the auto
owned by J. E. Ramsey and being
driven by the son of Jim Ed Ramsey,
and ? colliding ..with a motor truck
owned by the City Mill Co. and be
ing driven by Doyle Rogers, an em
ploye of the City Mill Co. Quite a
lengthy discussion arose between the
attorneys as to who is primarily re
sponsible, for the collision, the issues
to b Submitted to the jury having
been agreed upon, the court proceed
ed with the case, placing the plaintiff
McKinley Franklin, on the stand to
testify as to how the accident hap-
nened. : , The nlaintiff w in th MVl
sbaH hospital for two weeks suffering
wun a oroxen iunt and other injuries
received in the- collision.
DEATH OF MR. WILLIAM
; l. RECTOR
' fOn Anril
On April 22. at fifteen minutes till
four o'clock- Monday morning, Wil
liam L. Rector, age 67, departed this
life, the cause of death betas rail
stones: 'Mr: 'Rector wa 111 nnlw tea
VirreMita death. -- j-.-.-r,- f
,'The funeral was on We'dnesday at
eleven ofcioer 1 eo&ducted: by Rev. J.
A. Martin, interment following at the
Frank lector grave yard. The pall
karoraf' were W CL." Rector, cMttch
Shelton, Ernest Hector. Ervin Cand
ler? RJ G. Rector: and Joa Biabon. ,
?t ueceaaeo iB jurvrreo., oy, . nis
wife and twelve chndren; one! brpth-
eraiu two sisters; t u ; e .
AN ANSWER TO
"FAIR PLAY"
Mars Hill, North Carolina
To The NewsRecord.
Please print this small article in
your paper. Since everybody has
been sending in write-ups to your pa
per, I might as well have my little
say. To begin with I would like to
ask a question or two?
I noticed Mr. and Mrs. or Misses
Fair Play put an article in the last
week's News-Record, trying to ex
plain part of Madison County's his
tory. I didn't know until last week
that there was an "Information Bu
reau" in Marshall, and when I read
Mr. Fair Play's article I found that
there was.
Now, Mr. Fair Play, when you
want to write an article, and don't
want to sign your name to it, have
it printed on a yellow sheet, and be
up-to-date.
In settlements with the County,
what do the words, "Other Expenses"
mean? I notice the pay rolls of some
of County officer holders. I notice
and other expense, extra to their sal
ary, what does this mean and what is
it for? Do these men make this on
the side or are they really entitled
to it?
Well, Mr. Fair Play, you mention
ed a hundred and seventy thousand
dollars that the County had to pay
out, and had no other way to pay it
except to use the money that the
State of North Carolina is due to
Madison.
Was the County in debt at the
time the commissioners transferred
took and used one hundred thousand
dollars that was allowed, together
with a hundred and twenty-five thous
and dollars to build a road from
Marshall to Coxe's Bridge? Where
did this money go? How many roads
are there in Madlsoh County con
necting with Tennessee? And where
are they 7
I Now suppose we all try and be just
! as broad-minded as we can. We are
most of us tax-payers, or in other
words, tax-owers of Madison County.
The taxpayers should all share all a
jike in regard to road and schools.
The tax money is not yours nor mine.
It belongs to the taxpayers of said
County, and when the commission
ers use this money other ways than
paying debts the County owes, it
should be used proportionally in each.
pan oi saia vounty.
Say, I'm opposed to robbing Paul
to pay Peter. God, when He created
man, He gave him a godly knowledge
and when he created the beasts He
pave them an imjtinct knowledge.
The beasts have some knowledge of
the weather: they don't seem to know
anything about God or justce, right
or wrong, or good or evil.
A man ought not to hold a pair of
balances in his left hand with his
eyes upward like a saint, and a dag
ger in his right hand behind him
that is not Fair Play.
Well, "The Hospital" went down
like the "Titanic,"
And will be raised about the same
way.
Captain Smith had his crew, and
made their brags, what they would
do.
And I think the Hospital Crew,
had their trot line set, too.
Respectfully,
G. K. PONDER.
SUNDAY SCHOOL WORK
AT CENTRAL 1
Last Sunday at 2 o'clock P. M., the
citizens of Grape Vine and Peeks
Chapel and Petersburg gathered at
Central school house, according to a
previous announcement. After one
song and a prayer by Rev. Suna Bull
man, the object of the meeting was
explained by Professor Hudgins, to
organize a S. S., Mr. E. S. Morgan ;
being present and called on for a
talk and who has this section of Sun
day School in charge, stated if the" 1
intention of organizing a S. S. was .
to gather the people to serve God,
it would not interfere with the sur- "
rounding schools. He was for it as ,
the school was on group four and it
being hia work. Mr. John Metcalf,
an experienced Sunday School work
er, was elected as principal of the '
school. We truly do hope all Sun- f ."
day School people will rally out next '
Sunday at 2 o'clock P. M., that we ,
may have a great school that will be
a great help to the surrounding set-
tlements, and a good report can be v
brought from this place to the Sun-;-'
day Softool Convention. Churches, .
Sunday Schools, one and all, let's get t -busy
and bring the best report that ;
has ever been brought to the Sunday '
School Convention. '
ii v1 i?s & EviS.; MORGAN.
- STONE GOFORTH '
A marriage that will be of interest X
to many people in Madison County
is that of Miss Gertrude Goforth to v
Mr. Harold E. Stone. . - ,
r, 14 Miss Goforth was formerly of Bar
narcV N. C. She attended Walnut
Higli School and . was in training in
French Broad hospital for a year.
." Mr. Stone is book-keeper fof fiar
tan Mills Cov'of Spartanburg. I hey
sr at home tve'r f. ,
4imoward i.-. & C.
1C i