Newspapers / The News of Orange … / May 20, 1954, edition 1 / Page 2
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Editorial And Opinion —-■-_ Coin-Flipping Justice We think you will agree that a judge's verdict should not hinge on the flip of a coin, whether the decision is on a traffic violation or a man’s life. The whole principle of jus tice would seem to indicate the truth of this premise. Yet news stories emanating from Clayton recently told of a judge there flipping a coin to determine whether a de fendant acquaintance would pay a fine or go free. According to the story, the judge declared: “Heads up the defendant goes free, heads down and he loses ” Heads was 'up and the defendant went free. The story continued that the judge ex plained that he did not want to place himself in the posi tion of deciding whether the defendant or the arresting offi cer had given incorrect statement about the incident. • ••-••The solicitor of the court is reported to have admonish ed the judge: 'Keep your coin—everyone else will want the same consideration.” He was right. Every guilty man who gets into that court in the future would be within his rights to demand that his case be decided on the basis of a flip of a coin. * Needless to say, in our opinion, the Clayton judge has outlived his usefulness as a judge, if he ever had any. If a man does not want to be in the position of deciding whose testimony to believe he certainly has no business trying to run a court, for that is the chief business of a court. We are glad the judges who serve in Orange County are not of his ilk. Our courts are on a more enlightened plane and conducted in accordance with the more accepted principles of justice. As another weekly editor has already written, you might wonder why this incident at Clayton should concern us. It doesn’t, insofar as, the application to Clayton itself is con cerned. It the citizens there want that sort of justice, we'll not complain. But, such doings are a reflection on North Carolina of which this county and this newspaper are a part. A Clayton judge should render verdicts on the basis of. North Carolina law just like a judge in.Orange or Alamance or any other county. But, our people who might be brought before fithe Claytcn. L~« of justice in the future would certainly like to feel they will not be subjected to coin-flipping justice The Candidates Meeting The Chapel Hill League of Women Voters, the Negro Cooperative committee in Hillsboro, and the Carr boro PI A are performing'valuable public service, in sponsoring open, and public* meetings to which all candidates are invited for the purpose of stating their stands of various issues 2nd an swering questions from the electorate. ... The public is entitled to hear first hand from the candi dates their views on government or other issues of the day which might affect their performance of duty. I oo often people are elected without the people ever knowing what they stand for or what they have done in the past on crucial issues. This should never happen. The candidates themselves should welcome the Opportunities which these forums give them to express their views on government. Often candidates tafcethe position that audiences of voters should lay off cer tain issues which might embarrass them. This attitude we cainhot condone. Such meetings are definitely in the public interest when fairly conducted and should be welcomed by all who have, the public interest at heart. For the conscien tious voter seeking the candidates for whom he should cast his ballot, these meetings are revealing indeed. We com mend them heartily, and the people who have put them on. Let's Quit Cheating Ourselves Apparently, the only thing wrong with our roads and highways is that we’ve been paying for good ones and haven t been getting them. This is no. reflection on our highway departments or legislatures. On the contrary, the fault lies with us. voters. For an explanation of this seeming paradox we refer you to Albert Bradley, executive vice president of General Motors and chairman of the National Highway Users Con ference. Speaking recently before the Fifth Highway Trans portation Congress in Washington, he said: “We are already paying for good highways we don’t have- It is estimated that the modern .freeway (over which traffic flow-s steadily without being halted at intervals for cross-traffic) saves its users four cents a mile in low'er operat ing costs, reduced travel time and fewer accidents. “Not all highways can be freeways, blit studies indicate that our present highway inadequacies represent a total out ofpocket cost of at least three billion dollars a year.” The fact that inadequate highways are costly to all of uSf in terms of lost time and wasted gas—to say nothing of bent fenders and frazzled nerves—is easy enough to under stand. But it is only possible to comprehend an economic loss of three billions from these causes when we realize, as Mr. (Bradley pointed out, that we now have 55 million ve hicles On the toad for an average of two hours every day in the year . . and this adds up tp 550 billion miles of travel! Mr. Bradley,also told the Congress that we are not allot ting as much of our national product to highways as we did sixteetTyearS ago . . in fact, only half as much. Furthermore, he pointed out, our highway standards are higher today, so that “a dollar does not buy as much highway footage as 50 cents did sixteen years ago”.* _ ._ : - r ' Fittingly enough,' W slogan‘ of ‘ffie Tifth " Ffighway” Transportation Congress was, “Adequate Roads Don t Cost -They Pay”. Published Every Thursday By THE NEWS, INCORPORATED Hillsboro and Chapel Hill, N. C. Editor and Publisher SUBSCRIPTION RATES EAR (inside North Carolina)--—-, $2.00 DNTHS (inside North Carolina)-- $1.50 [EAR (outside North Carolina) ——-$2.50 fel as Second Class Matter at the Post Off ice at Hillsboro, NErth Carolina, under the Act of March 3, 1879. ial Advertising Representative ATER WEEKLIES •go ★ Detroit A Philadelphia (Continued from Page 1) ering running for president of the State YDC’s at that time. Up on my return, I found McDonald friends calling me a conservative, while my Hoey friends were pin ning oh me the liberal badge. I saw fit to deny neither charge. Ralph Gardner, nephew of Clyde R. Hoey, was pledged to me for the YDC presidency. But in the last'go-around we got Mc Donald to give his support to Gardner and, he was elected. Thus it was from 1936 to 1940 —four years — Hoey succeeded with his charm in bringing to his side most of those who had op posed him — including the -man he had beaten for Governor; Fifty per cent »of the U. S. Senate, greatest deliberative body on earth, broke loose from the Washington maelstrom long enough last Saturday to come to . Shelby to pay hpmage to Clyde R. Hoey. No accusing finger ever pointed in his direction a bout incoine tax returns, roads through his farm, and bull calL 1 walks. He united (he people of '1 his state. He didn’t tear them a part. He didn’t set city folks a gainst farm folks, labor against management, and white against * black. With it all, however, he might j have returned to Shelby to stay in 1936 had it not been for. one j man; That man? None other than A. H. Sandy Graham. He was an , also-ran in that gubernatorial ‘ race of 1936. McDonald had led ( Hoey pretty well in the first pri- ( mary. But Graham knew Hoey better than he did McDonald, who was not a native of this • State. He cast his lot with Clyde 1 R. Hoey. . a ( The folks, of course, raised the < dickens, called Graham this and that, but he stuck to his course. I All his supporters, save two or ! three, became ardent Hoey sup- < porters for the runoff. Hoey did ' more than any other man in this < century to popularize, the office^ „of Governor df North Carolina. He went here and there, speak ing. . .Off at some barbecue, ( hogkilling, or piicnic, you would , hear music, and there prancing down the street would be the Lenoir High School Band. And, 1 just as omnipresent, was Clyde 1 R. Hoey. What became of Sandy Gra ham, who held enough balance of power to put in McDonald if he had so wished? He went back to his law practice'in Hillsboro. When Gregg Cherry became Gov ernor, he made Graham chair man of the State Highway Com mission. Kerr Scott kicked him out — or he got out before be ing kicked out. Governor Um stead put him back in. These also-ran’s are sometimes pretty important fellows. They may be again come May 29 \WW' - lM l°4b Women Voters' Query Congressional Candidates The League of Women Voters his week released for publics ion ■answers Ycceived to questions >o national policy directed to can lidates for Congress of the Sixth Congressional District, which in juries Orange County. Representative Can T. Durham nd Candidate Hugh C. Sprinkle, )emocrats, Submitted the follow ng replies. Rufus K. Hayworth, republican,* did not reply. Question A: Please indicate the i pects of U. S. foreign policy with thich you are most in agreement; hose of which you are most «criti a. Carl T Durham (incumbent): “I m in agreement with the present iolicy. It is practically the same s that policy initiated by the Dem icrats and it appears to be a soiled md progressive program.” Hugh C. Sprinkle: ‘‘I belief, ike George Washington, that if tie tay at home and avoid all foreign ■ntanglements, we will stay out of vars. Keep our money and boys all it. home.” Rufus K. Hayworth Jr.: No reply. ' Question B. Do you recommend iny changes in the procedures 6f >ngressional investigating com nitees? Carl T. Durham: “Congressional ommittces should have regula? ■tiles and regulations laid down by he House and the Senate and they hould abide by such rules and •egulatiorts" ~ Hugh C Sprinkle: “I have not lad a close-up view of how these nvestigations are done, but I do hink there should be. investiga ions and methods of punishment [or all non-patriotic Americans and :riminals.” Rufus K. Hayworth: No reply. Question C: What specific chan ges would you recommend in our federal tax structure? Carj T. Durham: “With the com mitments. and necessary expense1 [or the security of our country so The Friends of Henry S. Walker Will Appreciate 4 4 -4 • 4 YOUR SUPPORT Democratic Primary, May 29th FOR COUNTY COMMISSIONER ■4 ■ 4 A 4 4 4 4 .4 4 4 4 4 4 4 4 4 4 4 A Man of Character, Integrity, Good Management Thi* Ad Paid By Friends of Hanry Walker large, I doubt that it would be a wise move at this time to reduce taxes. I am heartily in favor of the recent recodification of the In ternal Revenue Code which simp lifies tax procedure and eliminates some of the inequities that existed heretofore. At the same time, this elimination of inequities gives tax relief to individuals without im pairing the Federa} income.” . Hugh C. Sprinkle:' "Change our income tax reports so any average citizen can understand it, and tax according to ability to pay.” Rufus Kt Hayworth: No reply. Question D: In what legislation are' you especially interested? Please state support or opposr tion. Carl T. Durham: “I am interested in all legislation. No piece of leg < islatibn toc/ikitiall to commafid tny Interest i,;'. . especially am I laterefted, in tho development of oiir atomic energy program. I can see the important part that it will play in the welfare and security of our nation and it is certainly important that we have good and wise legislation so that the pro gram will be administered in an efficient manner” Hugh C. Sprinkle: “I am op posed to giving our money to for eign governments and foreigners and taxing the life out of our home people.” Rufus K. Hayworth: No reply. THIS IS THE LAW By Charles W. Danial (For tha N. C. Bar Associalon) JUSTICES OF THE PEACE There are more than 2,000 Jus tices of the Peace in North Caro lina today. Some are elected by the people, some are namedi by Superior Court judges, some are appointed by the Governor, and a large number are named in an. “omnibus bill” every two years by our General Assembly, some of whom never qualify for office. Statutes provide that elected J.P.’s and those appointed by the resident Superior Court judge of a county shall serve for»two years. Those appointed by the governor have four-year terms. Governor Umstcad has adopted a policy of naming about 250 J.P.’s each year during his term. < Limited Authority Jaycees, by statute, have rath er sharply limited authority to try both civil and criminal cases. In. civil actions based, on contract they have EXCLUSIVE, original authority if the sum involved (not counting interest) is $200 or less. Other civil matters, within their right to try, are limited to claims of $50 or less. They can NOT hear disputes over title to real estate. By special law, however, they may try disputes between land lord and tenant over the right to possession of real estate. The amount demanded by a party be lore a J.P., and NOT the amount ACTUALLY involved, determines the magistrate’s power to hear the case. ' Justices of the Peace may try, with EXCLUSIVE, original au punishment for which does not exceed $50 fine or 30 days in ' thority, all criminal cases tjie_ jail. They have no right to hear charges of assault with intent to kill and assault with intent to commit ripe, except to find “probable cause.” Upon finding^' of probable cause, such cases are actually tried later by the Super ior Court or a Recorder’s Cour* Upon appeal filed within 10 day after J.P., trial, the person ap pealing in most cases in entitled to a completely new trial in a higher court. May Not Draft Will A Justice of the Peace may „NOT draft a will or draw a deed for another, unless he is a lawyer fTarheel Retail tinesa is Booming! v ro | B ^ IW_ *»• ^ tbnlttar question "How's business?" Tarheel t™»— reports■‘Sri’ not yef available, North Carolina lax collections for 1953 as compared with 1952, ite retail sales were up by 5.44 per cent- or jinore than TWICE the rate of increase for the entire [United States! Busy people are happy people and jtheir activities contribute greatly in*" making North Carolina a better place in which to work, play find live I\fr r ' knother contribution to more pleasant living for 'lorth Carolinians is the brewing industry's self, egulation program where brewers, wholesalers and . etaimrs-in counties where malt beverages are per. >Hted under State control- cooperate to maintain wholesome conditions for the legal sale of beer North Carolina Division lHt BtVERAGE OF UWTED STATES BREW^IS FOUN^ATIOH, INa and does so in the latter capacity. A non-lawyer who purports to do these things is subject to pros ecution and restraint under the North Carolina statute defining the practice of law. Fees payable to Jaypees for issuing summons, hearing cases and issuing subpoenas ar* not the same in every county. These fees, however, are set out specif ically in Chapter 7, section 134 of the General Statutes. Regular monthly reports of fees received and deposits made must be made to the clerk of court of the coun ty served by the J-P. A statute designed to uphold the dignity of the magistrate’s court gives him authority to pun ish a person found in contempt. The law says: “If any person shall profanely swear or cujrse in the hearing of a Justice of the Peace, holding court, the justice may commit him for contempt, or fine him not exceeding five dollars.” At the request of either party to an action before him, the jus tice can compel attendance of witnesses. If a witness fails to appear, he must forfeit eight dol lars to the person for whom he was summoned.*' Can "Attach" Property A justice can “attach” property in a proper case, just as the clerk or judge of Superior Court can do 60. If an. “order of ...attach-' ment” is issued agaihst the prop erty of a person who cannot be found for personal service of summons, notice of the claim must be posted for 30 days at the county courthouse door. The statutes regulating magis trate courts also provide for trial by jury upon request of either party where there is a question of fact to be determined.' The statute specifies a six-man jury, the case hoard by a less num thee case heard by a less num ber of jurors, however. Each jusl tice is required to keep a jury box of two divisions with a lock for each containing the names of qualified persons from ^he township in which the magistrate serves. No person is compelled to serve as a juror in a justice’s court out of\his own township, except as a talesman. Each party in a J.P. case is allowed, as a Garden Tit - Robert Schmi, Hot dry summer WP soon be with us ag,in'4 to emphasize the fact, ty of water is essentui, quality in vegetables, the fast - growing LZI If they lack suffii^1 just a few days they ^ stunted, fibrous and t ing hot weather veet quire about one mch" each week, whether it ha artificially or by rain ofl they will survive with,, much water but they much lower quality the stunted growth. It is a lot of trouble tol tomatoes but it pays yj" control disease better sfl will have less sun scaljl the plants to .two main | and tie them to the sti soft twine or “twistt mulch will help presentl som-end rot and will us crease yields of early If you like summer should try New Zealand! There is still time to i make a good summer erL, not related to common r and most people who have] it like it. The seeds and hardvfruits. They shouUbH ed in Water for a day]® planting. Drop two seeds | with hills a foot apart ’ is large and spreading, harvested- is- ttje. tender „ tip — about three inchest stem with the young ten Don’t neglect insect ease control for a The bugs don’t go fishing| on Sundays Nobody likes I wormy cabbage or green] are full of aphids. Multoflora rose “living on the farms of Dr H. For, I boro. Van Kcnion. Schley] Dink Fowler, Chapel Hill, i tinuous lines- of white bio week. C. V. Hall and sons, Faiij and A. W. Fuller, Orange had ponds surveyed last »a part of their better lan plans. V *-»■ •-j matter of right, to cliallen* jurors and have them e* from the trial.
The News of Orange County (Hillsborough, N.C.)
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May 20, 1954, edition 1
2
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