;l....o" ; V' - , " 4r.: , 1 ' s ' J. :- r "N !(! 1 'i I' -.Jt " 1 v.... ... ins wLin'nwwi if . ' r ,, y f 1,4 - ' v 'Tli papar that tells what the " t paopla i tha eoaatry well r as these ja towa are doing. . ' , ft 5 MADISON COUNTT "RECORD ' Established June 28, 1901, ,:' FRENCH BROAD NEWS . ' Established May 16, 1907. I Ceeaeildated NoW 2, Itll X J X- X- -N J THE ESTABLJSHED NEWSPAhER OF MADISON COUNTY ypL. xxix ALL: N. C. TUESDAY. APRIL 29. 10.10 ' TV MARSH teiDtafflS OTESTMXAWSAp REPLIETO RECENT 'ARTICLE i BY PLJEMMONTTATTACKmC -- INTEREST CHARGES,, ETC ' v---j In rtply "to a went article headed, Ira jijtonttha vTalw-Jk. lut,. At S4fs I do hot know to whoniXM fen,'totlrJt;W,flt: Madison; County iB.run a econonv fcaUyfpertaliily ao fa tha Conunl. to the Kdscauonai ipnoii, t (rf the $upratendent, irablished ea'h. inonth, ahoy show the money Is spent nd ount. V ! The" total indebtedness of MadJsan Coutylionclnling schools, is as follows S V ConrtiBauseVBoodi -. 15.WQ.00 iail anCLinndihe 6l4s - 86,000.00 Boadig;dp!$.,.i;.. i.., Anotki JCan of Road SOO.QQO.OO ;b' Bonds 100,000.00 1 46,000.00 Other Koacl Bonds Other Road! Bonds Other Road Boftds -"i ' Total S8$i,o6a.o6 , vV--. Si The?eountj has on hand against this -sunt,vand to be jinnUed on the Indebtedness it falls due: SinkbiK Fund. Cash- :-L$100,000.00 State' due the County for Iff" money lJj;d to the' ;i States Hkhway Com. 1; mission1 fofcVoad pur poses - , 130,800.00 .Total.,, ,$280,800.00 .$603,200.00 Leaving net balance, due by the County tia -" jjrl Jlwrjton rtftta.ihs tat of Interest authorised to-be olleeted in th f oreclosure.jo.f. Caic, Sale Certifl cates, mi states thai unlawful lnter est is being collected. - -Consolidated Statutes 8037 i process ,il ' - v'J-'-?-: ThV Certificate of Sale shall bear interest at;the ate of 20 per centum -per annum on the entire artibunt of taxes and Sheriff's cost; This Urreferring tTax Sale Cer- tiflcates Where the land has hoe oWfcertmcatei after the expiration of, kwkl.A C!l.-r rp- rnWantnrfnrl . . ...... . . ..... ......... . v. taxes. . JJU.ti. jJ& : - ... Consolidated ..Statutes, Section 8038 provides: V . -iBut if fejiy such purchases h. I tliar than th Coanty or other nan j cipal corporatioa shall suffer uch :,; real estate to be again sold . for , taxes, he shall be entitled to only 10 i instead of 20 , as allowed f in this and the next preceding sec- Jtion." , . - : :, In other words, under this law, if ;4 private individual bought land, at a vTax Sale, he was. en titled? to. 20 ; "Interest on his monejrf, but if he per Vmitted the land toeelt again for. tax-. es while he held the Tax Sale Certif 'Jcater"heweonly entitled te"40 h "on the second sale, but this did not ' apply to Counties, or other municipal corporations, and it appears that the ''County is entitled. f charge ;20 t - etraight, regardless'of how .'many times the land sold for taxes.- , The holder of the Tax Sale -Certificate 'Wajs avowed a certain time in which ' io foreclose the Certificate by a suit in court, and if he failed to do so, his j'jcause was .barred by the Statute of SUnritations. " - ' T J Many: of the. old Tax Sale Certifl-j cates were barred by the Statute of'Sois to extend the time to brug i Limitations. The Legislature of 1923 foreclosure suite on alk Tax Sale ,3er- "amended the Tax Laws of 1927, nd(t'fiw-es th'Wexistenciiand :eiab ! laws in . operation previous to 'tha i ;e4tna fhouljj he filed on oJbe "time, end H. B. 1388, and S. B. 290. 1 fo" December" 1, 1929, and if. any IiiKli. I .b. toon o.-: a j i .as follows: I "Any Certificate of Sale ta .the hand of any person, corporation, firm, : County, or, nttink ;-lty,"on which an fficUbn toforei'aae has ." ' not been; brought,rwhich A -cording ' to tke terms of Chapter 1 of the m Public Laws" of one thousand nine t hundred and twenty-seven, should ,l have been brought, shall have until -1 December first, one thousand nine , .'; hundred and .twenty-nine" ti insti ,i tute such action. This section and ? axt&sii iht'tl.aiid'Voe. Inludeafl suATcefU.li.trhether the same , were lsned for tie g!e of one sWn'tixesi andyan' and klMCer-i 4 vtificates sold or issued prior there- MnJfotherords,''tht enrendment Te-ihstated -and brooghf1 into 'force, fit (TixxSaK Ce'ttinbates, regardless of the date, and the law required that suit sold;be; tnttitttedj ,th Coun ty Attsiwneyjs aadthe -casein. court before thelsf day of December, 1929 and Section 4. of said act provides; -, i ;"njr;4 fttRcet, Required, .byt,0ils ait to colIect'Cert(ficfties of Sale, o;' "By tKe governing body of any couiir i "ty to perform Said duties 'who shall neglect hirautfeS Wit4repei; thereto shall;" flnon convicli, bej gnlity' of irmiienie'amrnd-su4)3t -ject to- such fine er- impWsohinenjt m may beWsd' by th'a court fn its discretion, and In addition there-; tor shall be iaible-foi-'any loss re?.' suiting from his'negligence." J'hese Tax Sale Certificates were tumi over to ne by the proper au- 78,000.00 jtfcojjtiea for'collection, and to fore SStOMilOyflie law directs; If I fail to do sp,'l am not only subject to crini tnahros'OTuti'onttt "subject to haVe to pay the delinquent' ia myself. . UThis.iaitbA law passed by the Leg islature of .1929. MfcrPlemmdn was in.the.-State Senate part of the Cei erat Assembly. I presume he voted for Oiis Bill. , Jt he did,.npt favor it, he could; lhavej. jf otested ;Vagainst it. He could have offered to haVe emend ed it JIt4i r thfe is a Strtee law. If it is wrong, who Is responsl-. ble for it? ll am doing' toothing moire then . trytng'to jarry out the provi-, sions of. this law. . Mr. Plemmons states in his article that- there. Is no authority to colleet more' thr tnterest,- nd-ude. takes to- ite the Jaw as authority, He 'knewibettar'thansthiaiiifoRithe 424 .was bound to, have been before his eves when he wrote 'this. The law of 1929jjroyid.es how land shall be sold fr taxes, i and It provides that th Taxpayer br the landowner, shall have fourteen months. front the .date A-Mhe sal in which; ; o mtu LWe deljnqjtent taxes,;, and redeem, the land. The holder of the Tax Sale i the'saitf iourteen montns, nas tour Wifi hi-i; 4,, fn forp. elose-the -Tax-Sale-Certifkate,.. and if .-suit is not brought within the four months, then the holder of the'Tex Sale Certificate is tarred by the Statutes of Ximitationavuid in Sec tion 4c: of said act, appears the fol lowing; ft, 4"- -j-iv s "- 'The Certificate of i Sale shall; bear interest at the rate of 12 per centum per annum, on tha. entire mount of taxes and Sheriff's cost, "for a period 0f twelve months from 4hedate ' of sale,' (thereafter hall "beac jnterest at he rate of 8 pen ; annunr'iintil paid( or until final judgment of confirmation is ren-1- But this law of 1929, relative to interest, does not apply to Tax Sale Certificates ;where the land was- sold priof, to Msyl' i027 ' Sections, po- vldes f ."The provisions of this act shall 'no Apply toCrtificataa'.of Bal;f .land stm taxes, nfade rior to -llay' i; 1927, untU May 1, 1928, and then . only to' such Certificates ,of Sale dated pfiort lfiry:lrt9'7. In . other wonfa." th' 190, i i! mended the existing laws of 1927, AfflnA. .Jut.J t;. J..i 1 thu reapeck tke Jaw makes ii&wm. in- dicUBleMense, sndUeW pioA miy t. . - J it A. ., . " nDO w W me .to. ; j""': .1 The said adlso provides'tfiA ft shaHnbt.effct ie 'fa'teof Interest to be i collected by the overning board of the. County or municipality, j The act lurther provides: :T.. v ' i . "The governing board of the county or wBuicipality, shall 'Kava piot-iuthbrltylt; remit or reduee the Interest 'due; Under the Certi-. ficate of Sale, or otherwise mter fere with the ecUon to foreclose." If thirlaw b oppressive, who made it? lf, rf-. .... i 4V. e i t Polk' RobeHs aciW' PeUew' Oparatia Rfehard, the 8-yearld son of Mr. and Mrs. L. Polk bbert of Wamut Creiei; died itf sf httSpItal iri Ashevfll rt6ut ; noo& Saturday; April 2th.oHe was taketf to th hospltal.for An op eratfon f or' ppmlleitis, ollbwing which-'J another -operation for locked bowels" wa ftecessary from which he did- ot hoover". ff He had1 beea sick abou'i':weisk.;icx: ys 4. v-eA . Funeral Services were held at' Stir tion- cemetery Saofdajr afternoon? at Guthrie and itevi Arthur IHensleyy bitermeni f following. Quite at large crowd attended the funeral. .'rfit; Mrs. iRobrts''haS'!twd' other : chit drft,( Reagin; about 12, arid Wilburn, about 41 via ' ntvt'.:- :.fIv-; -tfA ' i'.'' iiii i fin; i.'n'i iii i.nin V : ; . . JUNIOR-SENIOR :?, 'L'vii QWI R. T. FOUNTAIN ADDRESSES THE r; STUpENtVrOPY, The anntfaj JuniorSehior banquet wfts held at " the Marshall school building last Prlday evening at eight 6cldcfr. KMr. ' Herman - Branrn', president tt the i' Junior class? presided as toastmaster on this dccasionglvfni a' welcome tb the' Senior. Between the first and "second courses'Tseveirkl piano' selections- were rendered-y James Story ;pianist' of 'the 'Junior class. J Following these -selections,' i double quartette eomnstmr' Ba-maff- Bradburtu Horace Davisj Dewey Freeman? Lnthe Phfllipt; end Misses Mayoha Ball, Wettie- vBtn;'NeB Dodson. and ' Kathleen "Burnett the nlrae;-- of the" selection -befiigT ""O I NeJohnr'UJfexl came a. recitlotd JW- fouJVr tlMuW'Inle 'How To Cook A Husbaby uSfc&S will takVplacVMallopfe Kent, and then a stunt by the Juniors, "How The Seniors Got That Way." A musieal, reeding, ' "Foolish vQues tions!!,; w'f given. by Nell Dodson, ac companied at the.piano by Miss Iva 'Glenn, Cbates.F.oJlowing. was k. faculty Stunt in which. a .package of the con- f dimnt thata expressed exactly the wss-, given to them by , the Juniors. Iva ' Glenn 'Coates then rendered a piano number,-. 'Falling Waters." Various speeches Were then made. Lieutenanl-g(xvernor, . BT foun tain, of Rocky. Mount, N. C, was in troduced By Mr.- Nr B; -McDe'vitt, Mr. Fountain making a speech which was enjoyed, Mr. i'Bob"f , Sams followed this with s speech. ..The next speak ers were members of the faculty and the preeident-of-the ? Senior 'class. Near the close of the program a song was sung by the Juniors to the Seniors. The program was closed by f oramng haiBF7 of friendship . by joining hands andir, jsinging-'Auld Lang Syne.fi An impromptu number of Hhe -program was 'a song sung by the Seniors. - The color scheme on this occasion was carried out in green and white, the class colors of the senior class, and the menu consisted of grapefruit oosktail, pressed, i chicken. Ypotato, apple., nut combination .'salad vwith mayonniise, pickles, ealtines, creamed cheese .eandwches,. Jrttlt. punch,r v- nilla-lee-eream,' ieeo cookies;. coffee, and nuts. ddres-t High School 3e Friday, by Richard TFoutain, lton.o1 Bi.. w . " iVj -i"""' --The givduatioaHercisea which were held in the new building at Spring Cteek, were largely; attended, the crowd being estimal id at' around 1,000 persoaa Superintendent C M. BUnkenship also made a speech te thetjstudents and patron, at this. time. After the exercises, dinner was erv ed -on the'grejiBdsW - '.-..- . Returning to Marshall, r Mr. Foen- Uin spoke Friday night at the junior- -r - ui junior whkh was give, at LSpriag..Crfk fwes ekHtered y HILL COLLEGE TO TAKE PLACE OF " P. L. eluott; RESIGNED m -5 The president of Bluefleld. College, Wert Virginia end former r president of s Carson-Newman Collete. , Tennes see' Dr. Oscar . Sams, has announc ed! hife acceptance of 5 the vice-presi-detjtey of : Mars - Hill College. n - Hi Dr.4 Sams, a former student of Mars HBii' College, holds several degrees, artfollows: his- Al B. degree from Wake Forest in 1898 i an A. B. from Rochester Theological - Seminary in 1802 a D. D. from Ckf son-Newman 1919; and LL.D from Wake For esttin 1921. .'), S'jliis new vice -president-to-be will tinker upon his duties at Mars Hill this fell, and is expecting to devote touch of his time to-Securing addi tional endowments for the College. V;Jh addition to- his work as an ed ucator land college president, Dr. gams has been active in the denomi national work in the South, being connected with the Baptist denomina tion. He has served: several impor tant churches as pastor.- -iiProfeSor P. L.' Elliott, the present vice president of Mars Hill College, who has resignedriwill accept a po sition on the faculty 'of Western Car olina Teachers' College.; MARSHALL, SCHOOL WCIjOSE u-f. i TEACHER ' TRAINING GLASS CONTINUES1 WEEK LONGER ; 'J IS, i t ti j-Z HtZtttt.-S-tB&ii J. - W. Bailey candidate . for the nited -State Senate,' Is scheduled to deliver 'the baccalaureate address. :sThe Teacher Training 'Class will continue a' week longer, closing May JOth? ' ' " '" mm is TO HAVE FAIR ::'( iM it.aa.-'-jt. -.3. r PREMIUMXISIiiUT FOR LAUREL i, . . FAIR NEXT OCTOBER A premium list has been printed or a fair to be held at White Rock, C, Wednesday and Thursday, Oct. 1546th, 1930. It is called the Laurel Fair and prizes are made pos sible by the generosity of the follow ing firms of Marshall, N. C: The Bank of French, Broad, the Citisens Bank,iErT Rv Tweed, P. V. Rector, G. LV McKinney, J.,N White, and others. 4' Anyone interested may see Dr. W. E. Finley,' White' Rock, N. C. t . - ....... . (!' i WESTERN-CAROLINA TEACHERS i.,!; COLLEGE S X- Cullowhee, April 24 From prf s entindicetionsi the little community of-Gullowhee "Is going to be taxed as never in its history to care for eol hge"etadenta -for the next six weeks. Th largest number of students ever attending western uaronna ieacnsrs My ujr vw Muia mvi nH 356, in the summer term in 1928. No term in the regular session ever ap- fokltealrl However, it now -seems certain thati the new students entering on the 28th WHITE VX$Mm& R IS BIESSM, will give 'an the third quarter of 400 'or j. If the ew dormitory, the . Reuben 1 1 frtifcaVtaMtea tfaff tiitesl MhiIm aAuafaus. vwa VCWU UHU NVW MUUOl VVIUU tfV" 1 twncoulorTttaveXeen ready' for ,oe- cupancy, ne nousmg prooiem wouia have been easily solved; but as it Is, the homes pt the community are be ing . crowded ,wjth tudenU. Mem bers ef the faculty tare throwing : o- pen their homes to students, i an ef fort ta help accomMdte. the unex pected numbers. President and MrsV Hunter will have a half doxe.or more, students In their home. And the Kppl.'c&iiens are atfll ceming ; : ...1 , Richmond Couflty fanners have gee la I ar;"fazver:erfps this -tr. Aa increased acreage ivpf r- - v ind Austrian r ia ON THIS WEEK I N MARSHALL lit ti i.t; . i . ', NEWS, r. i. . . -J 1,17 'HaMaaaaaaMaMBWaw ' From Charlotte, Nl X!., : comes the eeport tha. on last .Thursday night a hit-and-run driver brought death to 14-year-old girl on the Derita roadV 1 The child-was walk ing home, with a friend, swinging hands, when, a speeding ear ran up close to the sidewalk and one of its occupants grabbed the girl's hand, pulling hr along: for several feet . until she finally felt The impact resulted in a fractured skull and brcke both the girl's legs. She was rushed to the Charlotte hos pital, where she died about 30 minutes later. An attempt to fire the Carolina Terrace hotel on North Main Street in Hendersonville, N. C, was thwarted early Thursday morning, it has been reported, by the timely arrival of Ralph Hartmari, lessee of the hotel, who arrived from Florida to open the hotel. He entered the building about 1 o'clock Thursday morning and found a candle' burn ing 6n top of a pile o paper and other inflammable material, and. According to Chief of Police Pow ers a perfect1 Setting had been laid for the fire. Here is one reported from Ana conda, Mont. Humiliated because a 'tobman overcame him in a ttissle, . Michael Joyce 'doBoerately drowh :,ed himself Wa hikfreat Hefner's v ;ooisicKlea hiTnose' with a twig, r then OTgele when -she took bot tle of whiskey from him, Joyce jumped to his feet and ' engaged the strong yoting woman in a fight. The ': girl easily overpowered her elder adversary; and he tumbled down an embankment and landed on a marshy flat near the edge of a lake. He arose, grimaced and walked, in deep water and drowned. , Edda Mussolini, daughter of the Italian Dictator, Thursday became the bride, of Galeazzo Ciano, secre tary of the Italian Embassy. ...After struggKni" life for 4B; minutest oyer, the heads o! thous ands, of horrified spectators, Willy HojMjertnvarki aeriai nacrobat,; was killeo!, Sunday ; while attempting to change in midair from one plain to another, It is reported from Dussel-dorf,i-Germnyi! ;Hundertmark'8 hand -as entangled Mr th rm ladderLof.the'plan.e( and the, pilot r-"w -f-w., nfiS""" finally he deduced his. speed as low 1 as he.oouldend the, acrobat,, drag ged oyer long stretch of the field, was picked up unconscious, dying in a hospital soon after. . i.t'Y tdftyi m.n -4 v..' ; . Over at JFajrettevilleTenn Sun day, six priwnsi.sprtatorsjvinong a large Jerowd; gathered i jthere: to watch en-air3 circos-eponeored1 by the American 'Legion, were killed' and 20 others were injuredVisotne tTnioowV ; -v v.vn i. V . as a - stunting MA GRAPHS ITTimPD irWf7I7m for day t J:, Anrm FisrV'tfiM - iAl On..! .ttn. not apnng9uno,erlan operation. He was haviiitL' amhU growth Removed from his face and died under the an-aesthe-r It -was i'e.eaiesashockHto the pevple of his community, as he was thon tebf a' atwg young man pSSiibly -about-2$-and in-the prune ;tfifUjBe leaves his .wife and four chlleresu v-. --. - tfthotrt iirowlng-Tnuch .bout hrsilablj feetUS-ttaiema, a .aeiei- nate f;r T.r.:tk -eth ATUtaseri caa txUlifJLi Tit rathSndef. ; - 0 ,.J4 . M i. ' "The regular Civil .Term of th;Su-, perior Court, convened ;APrii.j. JA with.. Judge Cameron F.; MacR pre siding. - Following is the calendar of casee to be' Wed: ' " , ' , Jane Rector et al vs. Levinsi Rec tor et ah J. F. Goodson k Co. vsl J.. X. Leake; Roy Gudger, Admr, vs. A. " Wv WQtehurst, Adp'r.; Wim(1Shelton ' et ai vs,. Jape ttaynoe et ai. ..,PV,y . Tuesday,-Alil 29thW., S. Eller son vs. E. W, Grove, Jr., eft al;.Bajc-v erByr vs. J. T. Ballard elt al: JC : waijin vs. inomaa kio; a-tV. isne- lfsh vs. W. G. English; Caroline RuIh . ber Co. ys. N. B, McDevitt Co); A- ' merican Snuff, Co. vsN B, McDevitt Co.j. R. J. Reynolds Tobacco Co.vvs . N. H.. McDevitt Co. ..', Wednesday, April 30th W, . T, Cloer vs, C. R. McNeely; ,Cora Mfr; Fall vs. Ira PlejnstoB; Leromy. Rob erts vs. Roy I. Gudger, Admr.; Mri", Luther Edwards vs. R. L. MdoreJ .x Admr.; Thomas Rathbone vs. Phillip J. Price. . " Thursday, May 1st L. J. Carter vs. J. O. Mullinax ; Carter Riddle vs, George Rector; C. D. Gardner ys!' S. fV Carter; W.'H.-' Wajlfh vs. .Hubert i WaUlnj J. C. Cox vs. , C, I Render-.; eon; J..B. Runnion'vs. Fred RtWjIdi ; Bruce King vs. Fred R., Wild;' Fre4 i m ... Rice vs." Fred R. Wild; Last Wffl ft, -Testament of G. W. McDevitt; N, B. " McDevitt Co. vs. B. T. Hensley. Following is the list of jurors summoned for the weekj w , No. 1 Township--A. J. . Gahagan, t Moo4 Chandler, l. fc. Carter. No. 2 Township -J. S. Cutshall, Man uel Shelton, r " u f , No. i Township Elisha Tweed, W. A. Mashbum, 4 ' ' 4 ' No'4 -TownshlpW E.'-Jurgison, J. " E. Wifc ' " No. 6 Township G. H. Roberts, H. ! A. Wells.' ' No. 7 Townshin R. Redmon, J. - i Goforth. I No. 8 Township James Riddle r (No. 9 Township J. M. Lamb, V. I Church. 'ilEI No. 10 Township W. D. Davis. - " No. 12 Township Caney Payne. 'A . ' v l Toumshin J. L Shelton. i. - - i Npf 14 f9Wnsj)ip iE. Nortojif F. R. fiosneli, .-r !l'V No, 15 Township J. G Morgan. " No. 16 Township M. P. Loyd. ' . The case of Jane Rector et al a- mnmi. tevina Rector was non-snited.' This action Was breugni tot tEa pttF ,". pose of setting aside a deed made by Mrs. Jane Rector and J. A. Rector to Fred. Rector. y , j The case of J. F. Goodson and Co. against J. A. Leake was compromised and settled..:, ; , e- There are a. number of cases tnl on calendar A or, trial. The out-of- town attorneys iarei Hon.-T. HnsahdR.Jitiey2olds. a,,.,- '-, . & Rol- : WIAR3HALL , ;,Subwihr8J to the" 'Marshall tele phene exchange will be glad to know thai new switchboard has been is- Sf&ned it the "central office 'at I" r shalL Mr. Erskine and Mr. Fox v -a downj herijast... week and - : t uoaa at cost Df several hu . laraJ.MiafcJUnie Candler, V 1- i enjoying V 1 are also her; a llC,U' 3i vA eetingf some 75 c ..-9 held vJah,Mehall echo last Saturday afternoon ab clftckrwhnva.,,railey for organieations' ry.4allied pen Ebbs was erected chair meetlr.g.and-Srrc J. Os V" pajfth JSprjng, Cr . . . named as the- railc- pladisbn County., Tl feTd"tobe ' Lurr -' were aitade If Z' " t L'jrs r", '- ' -'- Vr. V. : , .