Newspapers / The News-Record (Marshall, N.C.) / July 11, 1963, edition 1 / Page 2
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"WO WS-RECORD MARSHALL, N. C. JULY U, IMS Excerpts From Supreme Court On Madison County Jury Commissioner July 6, IMS Mr. Jane I. Story. Editor The News-Record Marshall North Carolina Dear Mr. Story: It waa the request of the on V County Bar Association that you print the entire opinion of the Supreme Court, of North Caroli na, in the caae involving Madison County's one man jury commis sion. You advised that the opin ion was so lengthy, that space would not permit printing: the en tire opinion, and requested that we permit, instead, certain ex cerpts from the opinion to be printed. This procedure is satis factory to the Bar Association, inasmuch as you cannot print the entire opinion. Very truly yours, MADISON COUNTY BAR ASSOCIATION By Joseph B. Huff, President Excerpts Requested for Publi cation : This Act does not repeal the he shall serve at the judge's pleasure. It appears from S tines' testimony that he was appointed in 1968, ask! has not sine been reappointed. It further appears from S times' testimony that ho lacks knowledge of the require ments of the Act as to his duties as jury commissioner. The Act requires the jury commissioner to prepare the jury list prior to the first Monday in July 1966 and ev ery two years thereafter. A fair jury in jury cases, and an impartial judge in all cases are a basic requirement of due pro cess. Ponder vs. Davis, 238 N. C. 699, 66 S.E. 2d 366; Re Murchison 349 U. S. 138, 99 L. Ed. 942. The challenged Act imposes up on the resident judge, and upon him alone, the duty of appointing properly qualified person as jury commissioner, who will dis charge his duties in substantial compliance with the requirements of the Act. Doubtless, the able resident judge, when this opinion is certified down, will appoint as revisions of G.S. 9-1 to the ef-commissioner a person whose Servi feet that the jury commissioner in preparing the jury list every two years after the first Monday in July 1966 shall cause his clerk to lay before him the tax returns for the preceding year for Madi son County, and a list of the persons who do not appear upon the tax list, who are residents of the county and over twenty-one years of age. The qualifications of persons to be selected for jury servcie as set forth in the chal lenged Act are practically identi cal with the qualifications of persons to be selected for jury service as set forth in G.S. 9-1. The Act here imposes upon the resident judge the duty of appoint ing the jury commissioner. The Act further provides the jury commissioner shall serve for four years, and until his successor is appointed and qualified, and that integrity and qualifications no fair-minded person can question, person whom no one can chal lenge as holding two offices, and a person who, after being in structed by him as to his duties as jury commissioner under the Act and as to safeguarding the jury box, will discharge his duties as jury commissioner in substan tial compliance with the require ments of the Act, and that the resident judge will see that his appointee performs his duty, to the end that there may be trials on the merits by fair juries in jury cases in Madison County, arid that appeals like the one here, except on the constitutional question, will be obviated. It is a truism that justice delayed is fre quently justice denied. Wolf, J., in Haslam v. Morrison, 113 Utah 14, 190 P. 2d 320, said: "The pur ity and integrity of the judicial Hanau, Germany (AHTNC) Army Pfc William S. Ballard, son jf Orus Ballard, Rt 2, Mars Hill, participated in a massive display of missiles, artillery and engin eer equipment in honor of Pres ident John F. Kennedy's visit in Hanau, Germany, June 26. Ballard, a bridge specialist in Company E of the 3d Armored) Division's 23d Engineer Batallion in Germany, entered the Army in April 1962 and arrived overseas the following September. He re ceived basic training at Fort Gor don, Ga. The 19-year-old soldier attend ed Mars Hill High School. Decoration Of Cutshaw Cemetery There will be a jdecoration at the Cutshaw Cemetery Sunday, July 14, at 2 o'clock. Due to so many ministers and speakers at tending this decoration, each will be given five minutes to speak. All singers and the public are invited. Send The News-Record To Your Boy In Service process ought to be protected a- gainst any taint of suspicion to the end that the public and liti gants may have the highest con fidence in the integrity and fair ness of the courts." Homecoming At Caney Fork Church On Little Pine Road The annual Homecoming service will be held Sunday, July 14, at Caney Fork Baptist Church, be ginning at 10:00 a. m. The Deco ration at Roberta, Wilson and Bai ley cemeteries on Roberta Branch have been consolidated with this service. Friends and relatives are asked to decorate prior to the service and come back to the church for the regular morning service, lunch on the church lawn, and singing in the afternoon. All members, former members, pastors, friends and singing groups are cordially invited to come and be wtih ua for the day. A number of quartets, trios and singing groups are expected. Harrison Boings, 73, Dies On Monday; Rites Wednesday Walnut Methodist Homecoming To Be Held On July 14 Harrison Boings, 78, died sud denly Monday morning, July 8, IMS, while visiting at the home of daughter, Miss Gracie Boings, on RFD 6, Marshall. Services were held at 2:80 p. m Wednesday at Laurelton Chapel Baptist Church. The Rev. Alfred Taylor of ficiated and burial was in Holcom- bej Cemetery. Surviving are the widow, Mrs Amie Boings; three daughters, Mrs. Minnie Mars of RFD 2, Mar shall and Mrs. Altha Mart and Miss Macie Boings of RFD 6, Mar shall; three sons, Perry of RFD 6, Marshall, Fred of RFD 1, Relief, and Gilbert Boings of RFD 2, Mar shall; a stepdaughter, Mrs. Paul ino Horner, and a stepson, Wilkio Boings, both of Atlanta; three sis ters, Mrs. Henry Shelton of RFD 6, Marshall, Mrs. Anson Moore of New Canton, Va., and Mrs. John Hensley of RFD 1, Weaverville; two half-brothers, Julius Rice of RFD 6, Marshall and Lyda Rice of Asheville; 37 grandchildren and four great-grandchildren. Holcombe Funeral Home was in charge of arrangements. Mars Hill News MRS. J. W. HUFF, Correspondent Announcement has been made that Homecoming will be observed t the Walnut Methodist Church n Sunday, July 14. The public is cordially invited to attend. EYES EXAMINED GLASSES FITTED DR. LOCKARD 8 A. M to 12 Noon FRIDAYS THE L. P. ROBERTS BUILDING MARSHALL. N C $50 REWARD Sheriff E. Y. Ponder is offering a $50 reward for information leading to the arrest and convic tion of person or persons doing any damage to church property in Madison County. New! Gillette sum Mm with Super OFHsbW n i sa I I . jiusoioaei ATTENDING KASTI TENNESSEE STATE UNIVERSITY From Mr. Ed Morton we have the following item: Several students and teachers from this vicinity are doing grad uate or under graduate work at East Tennessee State University this summer. Several of them at tended festivities July 1 which cel ebrated the institution's rise from college to university status. A "University Status Dance" was enjoyed on the evening of that day. Among those from this area attending ETSU this summer are: Miss Sandra Edwards, Mrs. Roy Young, Miss Bobbie Jean Peek, Mrs. Bobby Ballard, Miss Tommie Ann Peek, Mr. David M. Roberts, Mr. Lawrence M. Ponder and Mr. Ed Morton. Mr. Monroe T. Mor gan joined the ETSU faculty on June 10 and is an instructor in the Department of Health. ABOUT TOWN Mr. and Mrs. W. K. Anderson had all their children and grand children with them this past week end. They are: Mr. and Mrs. Harold Anderson, of Enfield, N. C; Dr. and Mrs. Preston Ander son and sons, who for the past three years have been in Afghani stan, where Dr. Anderson is on a 5-year project of Columbia Uni versity; Mr. and Mrs. Bruce Wal lace and children, of Texas; and Mr. and Mrs. John Anderson and family of Mars Hill. Mrs. Joe Duff and little son of Raleigh spent week before last here with her parents, Mr. and Mrs. Harry Wells. Mrs. Malvin Edwards and son, of Detroit, visited her parents, Mr. and Mrs. George Bryan, for a weak recently. m w I . w 1 1 J .JS tour to points of interest in niaus ann .iininn i ii i at saw Mr. Harry B. Huff and Miss Marguerite Ireland, ville, Ky., spent part of at Grove Park Inn in and visited friends here on day. Mr. Huff's mother, Mrs. Mattie Huff, has been ojuite ill and a hospital patient for several weeks but is now able to be in a nursing home in Louisville. Mr. and Mrs. George Edwards are visiting their daughter, Mrs. Carl BrRtain and family this week in Statesville and expect to make a trip with them to Myrtle Beach. Miss Nancy Medford left Mon day for a ten day trip to College Park, Md., where she is attend ing a "work shop" at the Uni versity. She was accompanied by Mrs. J. W. Huff, who wUl visit her daughter, Mrs. Ray N. Jarvis and family in Glen Burnie, Md., dur ing this time. Mr. Willard Anderson, of Win chester, Tenn., was a visitor here last week. On Friday evening he was host at a dinner party in the Community Club House for about a hundred persons, relatives and friends of former days before he left Mars Hill. Among the out-of-town guests were: Mr. and Mrs. Clifford Tilson, of Durham; Mr. and Mrs. Ned Anderson, of Saluda ; Rev. and Mrs. J. R. Owen, from their summer home near Asheville; Mr. and Mrs. Fred Tilson og Ashe ville; Mrs. Ruth Chambers, of Asheville; and a number of other friends from near-by-places. It was reported to have been a most enjoyable affair. Adjustable Razor You turn dial from 1 to 9 for the ex act setting tnat matcn as your skin and beard HONEST HOMERlSCOTTIPrasfents I ' 'wf tonpft Hpsjaaanssr row-aw ..stt- ; -jbsmt" ' ww GEORGIA AMUSEMENT CO. ON ISLAND IN MARSHALL Monday Through Saturday JULY 22-27 Exciting Rid oads of Fun Free Admission To Grounds - Open 7 p. m. to 12 p. m. Bring Family and Spend Entire Evening SPONSORED BY Lions Club Marshall Spillcorn Church Has Successful VBS, Revival A Vacation Bible School was held at the Spillcorn Church of God from July 1 to July 5, 10 a. m., to 12 noon daily. The school was conducted by the Reverend and Mrs. Charles Van Hoy and Joe and Martha Fuller. Averace attendnncp fnr the, S nays was sixty-six ennaren and young people, not including ad ults. Total average attendance was 70, including adults. Teachers were: Beginners, Mar tha Fuller and Lou Hester Nor ton; average attendance, 15. Primaries: Jean Fuller and Tu la Hensley; average attendance, 16. Juniors, Portia Estep and Imo gens Shelton; average attendance. 16. Seniors: Joe Fuller and Charles Van Hoy average attendance, 20.; A revival Campaign was con ducted at the same time, start ing each night at 8:00. Average attendance was approximately 70. The Rev. Charles Van Hoy was evangelist. Census To Conduct Home Repair Survey In This County Marshall-Walnut Little Leaguers Win And Lose Last Week The Mars Hill Little Leaguers defeated Marlshall-Wiailrtut Little Leaguers, 7-4 on the Mars Hill diamond on Tuesday of last week. Payne was credited with the vic tory and Smith was charged with the defeat. The Marshall-Walnut LL team defeated Mars Hill Little Leag uers, 12-1 on the Walnut field on Wednesday of last week. Bases were loaded when Ray Craine hit a home run for the vic- tozn ' . ' D. Ramsey received credit for the victory with Buckner taking the loss. Information on expenditures for residential alterations and repajts will be collected in the jttly Quarterly Household Survey, it was announced tdoay by Direafer Joseph R. Norwood of the Census Bureau regional office at Char lotte. The survey will bejonduct ed locally- and in IhTW other sample areas of the country dur ing ten days of July. Items to be covered ha the survey include painting, plumbing, roofing, flooring, and other related repair and replacement projects. Repair and replacement of heating and air conditioning systems will be covered also. In addition to the questions on alterations and repairs, inquiries will be made in the July Quarterly Household Survey regarding travel habits of Americans. These ques tions will cover destination, type of transport used, major reason for trip, overnight accommodations used, and related items. Te travel questions are part of America's first Census of Transportation. Census Bureau interviewers who will visit local families in the July Quarterly Household Survey in clude: Mrs. Virginia C. Taylor, Route 2, Box 442, Greenville, South Carolina. WE HAVE CHOICE The world gives every man a choice he can pay as he goes, or he can elect to stay. fill Cracks And Holes Better PLASTIC WOOD COMPLETE LAUNDRY SERVICE Pick-up and Deliveries ON TUESDAYS and SATURDAYS IN AND AROUND MARSHALL Weaverville Laundry
The News-Record (Marshall, N.C.)
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July 11, 1963, edition 1
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