???'* m
I " c.?ty '-tv.-y ',-73
|J,W1, ?.c. *??*
E f
?
?
? "I
I The News record f--h
about the weather?
SERVING THE PEOPLE OF MADISON COUNTY ... see page 3
77th Year, No. 5 PUBLISHED WEEKLY IN THE COUNTY SEAT AT MARSHALL N C THURSDAY, FEBRUARY 2, 1978 15? Per Copy
\ Nk. THE ABOVE map shows approximate location of the $14 million U.S. 25
J f 70 four-lane freeway to be built from Marshall to Weaverville. Right-of
'*? Wfiy acquisition for this project is scheduled for this February, while
I* construction on the 7.5-mile freeway is set for February 1979.
Judge Howell Seeks Full 8-Year Term
?
On Jan. 28 resident Superior
Court Judge Ronald W Howell
of Marshall made the
following announcement.
"It was only Sunday, March
14,1976, that I announced that
I would be a candidate for the
resident Superior Court
judgeship of the 24th Judicial
District. The Democratic
voters provided me with a
wide margin of victory in the
August primary. Although I
was encouraged by some to
accept the position im
mediately by seeking an
appointment from Gov.
Holshouser, as you know, I
awaited the certification of the
vote after the November
election and took office in
early December, only two
days after taking my oath as
an "elected" judge. Since that
time, I have held court
practically every week, with
the first six months in
Mecklenburg County and the
last six months in the 24th
District. I believe I have kept
my pledge to be a "hard
working" judge, and I believe
that the dockets have been
decreased appreciably where
I have held court.
To be perfectly frank, when
I announced for this office I
believed that I was running for
an eight-year term because
Article IV of the Constitution
relating to judges provides
that when a vacancy occurs,
an election shall be held to
"fill the office" at the next
election for members of the
General Assembly except
where the term (which was
vacated ends on the following
January). Since Judge
Anglin's term had two years
remaining, I assumed that my
election was to fill the office
which is eight years; however,
in the council of state offices,
"unexpired term" is used with
respect to all vacancies and
the Legislature put all
vacancy provisions in the
same statute without
amending the Constitution
relating to judges. Many have
suggested that I take the
necessary legal action to
establish my right to an eight
year term. However, after
much thought, I have again
decided to rely upon the
Democrat party of the 24th
District, and I hereby an
nounce my candidacy for a
full eignt-year lem.' t filed
officially with the State Board
during the first week of
eligibility.
It has been such a short time
since I campaigned actively
among Democrats. I hope
most of you will remember my
qualifications. And, I hope
some of you may have had
occasion to keep the brochure
I sent you containing a picture
and history of your cour
thouse. All of my training,
experience, trial practice and
degrees are set out in this
brochure. I mention this
because as a judge 7 am now
holding court in Lincoln,
Gaston and Cleveland
counties and will be until July,
and as a judge, I am not
permitted the same lattitude
to campaign actively as I had
before; 1 trust you will un
(Continued on Page 6)
FRANCELLA POSTON of
Asheville has announced her
candidacy for state Senate
from the 26th Senatorial
District composed of Bun
combe, Madison, Yancey and
McDowell counties. In an
nouncing her candidacy she
stated, "Since Western North
Carolina is so far removed
from Raleigh, good com
munication is necessary
between a legislator and the
people. I will have regular
meetings in each county and
will publish a newsletter about
legislative concerns."
Nell Franklin
Wants School
Board Seat
Nell C. Franklin of Route 3,
Marshall, has filed as a
candidate for board of
education in District I.
Mrs. Franklin retired as a
teacher in teh Madison County
public school system in 1974
after 41 years of teaching. She
attended East Tennessee
State University and Western
Carolina University and holds
a Class A certificate in
elementary education.
Car Struck
At Crossing
Here Sunday
Gary Hensley of Marshall
narrowly escaped injury early
last Sunday morning when his
car was struck at the crossing
here by a train.
According to Carlie Gunter,
Marshall policeman, who was
on duty, Hensley approached
the crossing just as the train
was a short distance away.
Gunter, who was on the bridge
at the time, stated that the
warning lights and bell were
not working until the train
reached the crossing. Hen
sley, who was alone, saw the
train approaching and quickly
put his car in reverse but was
unable to get back far enough
to avoid the collision. "If
Hensley had not been able to
back up a little he would have
probably been killed," Gutner
said.
The engine struck the front
of Hensley's car which was
heavily damaged
Charles C. Lamm
\ Files For Judge
*
Charles C. Lamm, a Boone
attorney, filed Monday for
resident Superior Court Judge
to ,
of the 24th Judicial District in
the Democratic primary. The
24th Judicial District includes
Avery, Madison, Mitchell,
Watauga and Yancey comi
ties.
In a statement, Lamm said
that he felt he had the
education, experience,
competence and suitable
temperament for the
Judiciary.
A graduate of Wake Forest
University Law School, Lamm
has been practicing law in
Boone since his admission to
the bar in 1M. In addition to
his law degree, he has a
bachelor of arts degree from
Wake Forest.
Lamm te a member of the
Watauga County, 24th District
and North Carolina Bar
Associations and the North
Carolina Stats Bar. He resides
with his wile, the former Jen
C. Wise, in the Raven's Ridge
Section of Watauga County.
CHARLES C LAMM
N 1
EXTENSION AWARD ? the Madison
County staff of the Agricultural Extension
Service has won a "performance award" for
its work. Epsilon Sigma Phi, the professional
extension fraternity, selects one county per
district for the award each year. The
selection is based upon the effectiveness of
the total county staff. On hand to receive the
award were, (seated), Mrs. Ethel Wallin,
4
t
home economics agent; Earle Wise, county
extension chairman; Mrs. Dale Panaro,
associate extension agent, 4-H. Standing:
Gary Ealey, agricultural agent; Maurice
McAlister, associate agricultrual agent; and
Wiley Duvall, agricultural ageAt The award
was presented at a district conference in
Asheville. (N.C. State University Photo)
High School
Teacher Is
Suspended
Don Fowler, a member of
the Madison High School
faculty, was suspended by the
Madison County Board of
Education at a called meeting
of the board held Monday
night in the courtroom here.
The action by the board
followed an investigation
ordered by the board at a
previous meeting when it was
alleged that Fowler had
committed immoral conduct
with a student. At the first
meeting, the board went into
executive session, and after
hearing the complaints of a
parent, ordered David Wyatt,
principal, and Bruce Phillips,
assistant principal, to in
vestigate the charges and
report back to the board.
At the meeting Monday
night, attended by more than
50 persons, Don Anderson, a
member of the board, moved
that the board go into
executive session to hear the
findings 01 K? investigat.ons
made by Wyatt and Phillips.
One irate person in the
audience remarked bitterly,
"Are you all going back to
your little bedroom again?
(Meaning the jury room
where previous executive
sessions had been held).
The board, along with
Superintendent R.L. Edwards
and Larry Leake, attorney to
the board, left quietly to the
jury room where they went
into executive session at 7:30
p.m.
At 8:25 p.m. the board re
entered the courtroom, and
Don Anderson explained the
necessity of going into
executive session, pointing out
that they (the board) were
under legal mandate and
upheld by law to go into
executive session to hear the
findings. Anderson, however,
stated that the decision of the
board would be announced in
open session.
It was moved by Bobby
Ponder, a member of the
board, and seconded by
Dedrick Cody, a member of
the board, that the decision be
announced.
Attorney Leake then read
the following decision by the
board which was unanimous:
"Whereas the Board of
Education has been presented
with information, which if
true, causes it to believe that
Don Fowler's performance at
Madison High is inadequate
due to his alleged immoral
conduct and that therefore an
emergency situation exists
requiring that he be
suspended from his duties.
The superintendent is in
structed to notify Mr. Fowler
of the decision and of his
rights under the law."
The meeting was then ad
journed
Attorney Leake and
members of the board then
explained to reporter that
a private hearing would be
held in the next few days by
the board, provided Fowler
requested a hearing, to reach
a decision as to whether or not
to terminate Fowler's ser
vices. It was further stated
that should Fowler fail to
request a hearing, he would
automatically be suspended
indefinitely.
When a member of the
audience asked if Fowler, if
found guilty, would be allowed
to be transferred to some
other school, Leake, speaking
for the board, stated, "He will
not be employed by this
county..."
"The next step is to wait to
see if Fowler requests a
hearing," one member said.
10 Cases Of Red
Measles In County
Edward A. Morton, Madison
County Health Administrator,
reports that there are now 10
confirmed cases of Red
Measles (Rubeola) in Madison
County. Hie Madison County
Schools System and Health
Department have been
working cooperatively
examining school records to
find children who have not had
measles immunizations or
were immunized before one
year of age. Mr. Morton
reports that after checking
school records and health
department records, over
three-fourths of the school
population have been
adequately immunized. Only
23 percent of the school
children show no documen
tation of measles im
munizations. This percentage
is expected to decrease even
more with parents getting
immunization records from
private physicians to the
school.
Parents of children who do
not show proof of adequate
immunization were notified
Wednesday that they must
keep their child out of school
until they can present ac
ceptable medical evidence of
measles immunity to the
school principal. This may be
either a physicians statement
that the child has had the
disease measles or a cer
tificate of immunization.
Any child who has not been
immunized against red
measles or how was im
munized before 12 months of
age should be immunized.
This applies not only to youig
children, but to teenagers as
well ? a group to whom
measles is still a threat.
Madison County Health
Department will be providing
measles immunization clinic
from ? a.m. to 4:30 p.m.
throughout this week and
next.
Bad Weather
Extends
Tax Listing
Tax listing in Madison
County has been extended
through Feb. 11, the tax
supervisor stated this week.
Weather and road conditions
prompted the extension.
Elsewhere in this issue is an
advertisement giving names
of listers and dates for filing.
Candidates File
I
For Local Offices
Those seeking nomination in
the May 2 Primary elections
have until next Monday at
noon to file, it was announced
this week by the Madison
County Board of Elections.
The following candidates
have filed for various offices
during the past week:
? Sheriff: Charles K. Carter,
Beech Glen, Democrat; E.Y.
Ponder, South Marshall,
Democrat; Alloa Silver,
Grapevine, RgsMkas.
Adams, Laurel, Democrat;
Carolyn T. Amnions, Mars
(fill, Democrat; Virginia H
a t V!a? flai nlai m
gnomon, not spnnui,
Beech Glen, Democrat;
Jamee T. Ledford, Mara Hill,
Democrat.
Board of Education
(District 1): Donald N.
Anderson, Beech Otan,
Democrat; Dedrick C. Cody.
Ebbs Chapel, Democrat;
Gerald Young. Beech Glen,
(DPtrtct H); NeB C jtilkBhl
Tax Collector Dean Led
ford. Beach Gtaa, Deaaocrat
A compjete Matot can