Court Rule Stringent,
Says NCAE President
A U.S. Supreme Court ruling has
placed stringent restrictions on the
use of corporal punishment in the
schools, the president of the North
Carolina Association of Educators
said.
Dean B. Westmoreland, a Kings
Mountain teacher, said headlines
in some newspapers have created
the impression that the court has
approved paddling children.
"In actuality." said
Westmoreland, "the court has
upheld a lower court ruling which,
in effect, makes it extremely
difficult for a teacher to legally
paddle a student."
The Supreme Court, in a short
statement, upheld the ruling of a
three-judge federal court which
?decided a Guilford County spank
ing case.
The decision, written by Judge
Braxton Craven, stipulated that
North Carolina law which allows
corporal punishment of children in
constitutional, but only if stringent
rules are followed.
Westmoreland said the rules are
so strict that it is his opinion that
most teachers will hereafter refrain
from spanking for fear of a liability
suit.
The NCAF official said the rules
announced by Judge Craven in
clude a stipulation that corporal
punishment can be used only after
other lesser forms of punishment
have been tried and then onlv after
certain procedures designed to
assure the student due process have
been followed.,
The due process requirements
outlined by the court include:
1. The student must be for
warned of the behavior that will
result in corporal punishment.
2. Another school official must
be present when the corporal
punishment is administered.
3. Parents who request a written
explanation should be given one.
Westmoreland said the required
procedures leave many unanswered
questions for teachers, the major
one of which is what constitutes
"forewarning." He said an official
of the Institute of Government in
Chapel Hill has questioned whether
it would be adequate forewarning
to tell a kindergarten child, for
example, on the day before admini
stering the punishment.
"North Carolina teachers should
be fully aware that failure to follow
the guidelines outlined by the court
could result in personal damage
suits being filed against the
teacher." Westmoreland said.
He said the NCAH has publicized
to its members the ruling in the
Guilford County case and has
cautioned that alternatives to the
paddle must be found.
"As usual, the teacher is left
holding the bag in this whole
matter." the NCAE leader said.
Background Scripture:
Genesis 2N: 10-22: 32:1 through
33:4
Devotional Reading:
Galutians 1:10-17
A British psychiatrist tells of an
Anglical clergyman and a rough,
profane sailor who shared adjoin
ing beds in a London hospital. Both
the clergyman and the sailor were
in comas. The surprising twist to
the story is that while they were
unconscious, the clergyman cursed
and the sailor prayed.
To the psychiatrist it meant that
there may be a considerable differ
ence between what a person ap
pears to be in terms of their
conscious behaviour, and w hat they
may actually be in their unconsci
ous mind. The clergyman, for
example was not quite as pious as
Jie appeared to be and the sailor
w as not quite so opposed to religion
as he appeared to be.
Sometimes there is better stuff
within us than we know. We work
so hard sometimes to build a hard
veneer about our lives that often thi
nner qualities have little opportun
ity to show through. Thus, the
image of ourselves that we present
to the world may be only a shadow
of what we can be.
This hidden nature sometimes
finds ways of coming out into the
open. One way this sometimes
happens is through dreams. When
we are in the dream state, the
conscious mind no longer stands
guard and the unconscious begins
to bubble up to the surface.
We see this in the case of Jacob.
From all appearances. Jacob was
hardly a spiritual man. As a matter
of fact, he seemed utterly conniving
and unscrupulous, the last man in
the world you might expect to find
favor with God. If there is a finer
side to Jacob, he doesn't allow it to
show.
But. twice, while he is sleeping
and dreaming, we catch a glimpse
of the man God created him to be.
The first of these is while he is on
his way from Canaan to Haran to
find and settle with his uncle
Laban. Stopping probably at
Bethel, a holy place. Jacob has an
inspiring dream that helped to
change his life. In it. this selfish,
cynical man sees a great ladder or
staircase reaching up to Heaven.
The dream tells us that unconsci
ously he aspired to change and
grow, to ascend that stairway to a
higher level of being.
In response to this dream. Jacob
hears God promising him to con
tinue the covenap of Abraham
with him. to be his God and go w ith
him wherever he went. These
promises form the foundation of a
new Jacob.
The second experience takes
place on the trip back from Haran
to Canaan many years later. He is a
changed man. yet. perhaps he has
some more changing to do. Al
though the writer of Genesis
doesn't call this experience a
dream, it is a dreamlike experience
in which he sees himself wrestling
with a messenger front God.
Seeing Jacob's ardent desire to
be a man of God. the messenger
tells him: "Your name shall no
more be called Jacob, but Israel, for
you have striven with God and men
and have prevailed" (32:28). The
new name of Israel will be a sign
that old conniving, plotting Jacob is
dead, and in his place, a dedicated,
obedient dreamer whose dreams
will give birth to the people of
Israel.
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LOCALS SPARK VOLLEYBALL - Two Raeford women helped spark the volleyball team at Pembroke State
University to a 12-4 record. Co-captain Teresa Allen is shown third from the left in the front row. Kathy Little is
standing second from left in the top row.
This Is The Lav
John Jones has an automobile
liability insurance policy with the X
Insurance Company on his auto
mobile. The policy covers bodily
injury and property damage caused
by accident and arising out of his
ownership or use of the automobile.
Jones, while negligently driving his
automobile, injures Sam Smith.
May Smith sue the X Insurance
Company?
No. In North Carolina and most
states Sam Smith has no rights
whatsoever under the liability pol
icy insuring John Jones. Smith
cannot bring an action against the
X Insurance Company for the
injuries he has received as the result
of the negligence or wrongful act of
Jones.
The insurance policy is for the
sole benefit of the insured. John
Jones. The insurance company has
merely obligated itself "to pay on
behalf of the insured all sums (up to
the maximum stipulated in the
policy) which the insured shall be
legally obligated to pay as damages
because of bodily injury or property
damages caused by accident and
arising out of his ownership or use
of the automobile." Such a contract
is properly a contract of indemnity
for money paid by the insured,
rather than a contract protecting
the insured from liability to the
injured person.
Furthermore, there is in many of
these automobile liability insurance
policies a clause expressly stipulat
ing: "Nothing contained in this
policy shall give any person or
organization any right to join the
company as a co-defendant in any
action against the insured to de
termine the insured's liability."
In a number of states there are
statutes that have changed the law
from what it is in North Carolina.
Sam Smith's remedy in North
Carolina, if he cannot get a
satisfactory voluntary settlement
from the X Insurance Company, is
to sue John Jones. 'If he obtains a
judgment against John Jones, the X
Insurance Company will then satis
fy the judgment up to an amount
not in excess of the sum stipulated
in the policy.
During the trial of the action that
Sam Smith brings against John
Jones, may there be evidence
introduced to the effect that the
defendant has automobile liability
insurance'.'
No. The fact that the defendant
carries indemnity insurance cannot
be shown at the trial. It cannot
throw any light on the question of
negligence or other circumstances
of the accident. It is disconnected
with the issue before the court, and
is as a consequence irrelevant and
incompetent.
General Fund Down
In Monthly Report
Net General Fund collections for
September amounted to $92.8 mil
lion. a decrease of $4.5 million over
the same month last year, accord
ing to state revenue officials.
Net collections for the first three
months of this fiscal year were
$359.1 million, an increase of 0.91
percent over last year.
September net Highway Fund
collections were $26.5 million,
compared with $25.8 last year.
Gasoline tax receipts were $24.0
million, compared with $24.1 for
Sept. 1974.
Tax Report Out
Local one per cent sales and use
tax collections in the county for
September totaled $16,659.86. ac
cording to state revenue officials,
j Total for the state was
$10,450,723.35.
SUPPORT THE BUCKS
FALL SCENE ? This harvest scene helps decorate one of the residences of
Fulton Street. It's a sure sign that cooler weather will soon be here to stay.
J.H. Blue Picked
For State GOP
J.H. (Buddy) Blue. Jr., was
elected to the state Republican
party executive committee during
the seventh district Republican
convention held this month in New
Hanover County.
Blue, a former Robeson County
resident, is manager of the
Raeford-Hoke Chamber of Com
merce.
Elon Grid Star
Is Player Of Week
David Wood of Raeford. a
\eteran member of Elon College's
Fighting Christians football team,
uas named a player of the week
after the team's recent win over
Presbyterian.
Wood, one of the co-captains,
reaped defensive honors for two key
interceptions from his cornerback
position.
Burlington Income
Up Last Quarter
Burlington Industries. Inc. re
ported net earnings of $15.9 million
or 57 cents per share for the
September 1975 quarter. Net sales
for September quarter 1975 were
S507.0 million. The results con
tinue the improving trend noted in
the June quarter when earnings
were $11.1 million or 40 cents per
share, and sales were $492.8
million.
Sales were $580.5 million in the
September quarter of the prior
fiscal year, and net earnings were
$19.9 million or 73 cents per share.
For the 1975 fiscal year ended
September 27. 1975. net sales of the
Company were $1.96 billion, a
decrease of 16.0 percent from the
$2.33 billion in 1974. Net earnings
were $39.8 million for fiscal 1975.
equal to $1.43 per share of common
stock. This compares to 1974 net
earnings of $99.5 million or $3.65
per share.
Burlington's board of directors
declared a quarterly dividend of 30
cents per share on the common
stock payable December 1, 1975 to
holders of record at the close of
business October 31. 1975.
Job Corps Visits
County Nov. 10, 24
A Job Corps counselor will visit
Hoke county for interviewing Nov.
10 and Nov. 24 at the Four-County
Community Services office in the
county office building.
Wilbert Morris. Job Corps coun
selor. will also serve Sandhills
Youth Center on regular Hoke
county visits upon request.
Interested persons should call
Four County Community Services
at 875-2969.
Legals
STATE OF NORTH CAROLINA
HOKECOUNTY
INTHEGENERALCOURT
OFJUSTICE
SUPERIOR COURT DIVISION
EXECUTOR S NOTICE
Having qualified as EXECUTRIX
of the estate of William H. Faulk of
Hoke County. North Carolina, this
is to notify all persons having
claims against the estate of said
William H. Faulk to present them
to the undersigned within b months
from date of the publication of this
notice or same will be pleaded in
bar of their recovery. All persons
indebted to said estate please make
immediate payment.
This the 20th dav of October.
1975.
Mrs. Allvne M. Faulk
Route 2. Box 42
Raeford. N.C. 2837b
2b-29C
NOTICE OF FORECLOSURE
Under and by virtue of the power
of sale contain?i in a certain deed
of trust made by Willett R. Bissett
and wife. Marsh Locklear Bissett -
(assumed by Wright & Best Cor
poration) to James L. Yates.
Trustee(s), dated the 28th day of
April, 1%7, and recorded in Book
144. Page 219. Hoke County Regis
try, North Carolina. Default having
been made in the payment of the
note thereby secured by the said
deed of trust, and the undersigned,
J.William Anderson, having been
substituted as Trustee in said deed
of trust by an instrument duly
recorded in the Office of the
Register of Deeds of Hoke County.
North Carolina, and the holder of
the note evidencing said indebted
ness having directed that the deed
of trust be foreclosed, the under
signed Substitute Trustee will offer
for sale at the Courthouse Door, in
the City of Raeford. Hoke County.
North Carolina, at Twelve (12:00)
o'clock. NOON, on Monday, the
10th day of November. 197S and
will sell to the highest bidder for
cash the following real estate,
situate in the Town of Raeford of
Hoke County. North Carolina, and
being more particularly described
as follows:
BEGINNING at an iron stake in
the northern edge of Fifth Avenue,
said stake being N 77-30 E 108 feet
from the eastern edge of Saunders
Street and running from said
Beginning Point N 18-00 W 172
feet to an iron; thence S 88-00 E
105 feet to an iron; thence S 6-20 E
145 feet to an iron in the northern
edge of said Fifth Avenue; thence
as and with the northern edge of
Fifth Avenue, a curve, whose chord
is S 77-30 W 70 feet to the point of
BEGINNING, and constituting all
of Lot No. 70 according to plat of
ROBBINS HEIGHTS SUBDIVI
SION as drawn and surveyed by
R.H. Gatlin. C.E., and duly re
corded in Map Book 3. Page 33. of
Hoke Countv Registry.
LEGALS
This sale is made subject to all
taxes and prior liens or encum
brances of record against the said
property, and any recorded
releases.
A cash deposit of ten per cent (10
per cent) of the purchase price will
be required at the time of the sale.
This 20th day of October. 1975.
J. WILLIAM ANDERSON.
Substitute Trustee
COOLIDGE. ANDERSON AND
CLARKE
Attorneys at Law
1008 Hay Street
Favetteville. N.C. 28302
26-27C
EXECUTOR S NOTICE
IN THE GENERAL COURT OF
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
HOKECOUNTY
Having qualified as Executrix of
the estate of Joel E. Gulledge of
Hoke County. North Carolina, this
is to notify all persons having
claims against the estate of said
Joel E. Gullege to present them to *
the undersigned within 6 months
from date of the publication of this
notice or same will be pleaded in
bar of their recovery. All persons i
indebted to said estate please make
immediate payment.
This the 29 day of September.
1975.
Murrell W. Gulledge
P.O. Box 417
Raeford, N.C. 28376
25-28C
NORTH CAROLINA
HOKE COUNTY
NOTICE
Pursuant toG.S. 130-17(d)
NOTICE is hereby given by the
Hoke County Board of Health that
it did. at a regularly scheduled
meeting of the Board on the 30th of
September 1975, adopt an ordi
nance captioned REGULATIONS
GOVERNING THE DESIGN.
CONSTRUCTION. OPERATION
AND MAINTENANCE OF PUB
LIC SWIMMING POOLS IN
HOKE COUNTY.
The ordinance adopting the reg
ulation was passed at the board
meeting on September 30. 1975.
A copy of the regulation is posted
at the Courthouse.
A copy of the regulation is on file
at the Hoke County Department of
Health, and is available for public
inspection.
That this notice shall be publish
ed in The News-Journal for two
successive weeks, commencing Oc
tober 23. 1975.
POSTED, this the bth day of
October. 1975. by order of Hoke
County Board of Health.
HOKECOUNTY BOARD
OF HEALTH
By: Walter Coley
25-26C
NOTICE OF FORECLOSURE
NORTH CAROLINA
HOKE QOUNTY
UNDER AND BY VIRTUE OF
THE POWER OF SALE contained in
a certain deed of trust made by
Phillip Malloy and wife, Katie
Malloy, to Larry A. Thompson,
Trustee, dated the 17th day of April
1975, and recorded in Book 186,
Page 305, Hoke County Registry,
North Carolina, default having been
made in the payment of the note
thereby secured, and the holder
having directed that the deed of trust
be. foreclosed, the undersigned
Trustee will offer for sale, at the
Courthouse door, in the City of
Raeford, North Carolina, at Twelve
(12:00) o'clock Noon on November
18, 1975 and will sell to the highest
bidder, for cash, a five room frame
dwelling, together with and situate
on the following parcel of land
(approximately eleven acres) in
Quewhiffle Township, Hoke County,
North Carolina, said land being more
particularly described as follows:
BEING Lot or Tract No. 4 as is
shown on a map entitled "Division of
Will Burke Estate", said map being
dated July 17, 1970, made by C. H.
Blue, Registered Land Surveyor, of
Southern Pines, North Carolina, and
said map being duly recorded in Map
Book No. 6, Page 32 of the Hoke
County Registry, and reference is
hereby made to the said map and to
the said record of the same.
This sale is made subject to all
taxes, prior liens or encumbrances of
record against said property and
recorded releases, if any.
A cash deposit of 10% of the
purchase price will be required at the
time of the sale.
This the 19th day of October,
1975.
Larry A. Thompson, Trustee
Blackwcll, Thompson. Swaringen,
Johnson & Thompson, P.A.
Attorneys at Law
Post Office Box 469
300 Dick Street
Heritage Square
FayetteviDe. N.C. 28302
24-27C
VOTE FOR
Carlton Niven
FOR
City Council
who feels obligated to work
in harmony for the good of
the entire city.
(Ad?. paid for by Cwhon Nivcn)
WEIGH LESS
OR PAY NOTHING
Start losing weight today OR MONEY
BACK. MONAOEX it a tiny tablet that
will help curb your desire for excess
food. Eat less ? weigh less. Contains nc
dangerous drugs and will not make you
nervous. No strenuous exercise. Change
your life . start today. MONAOEX
costs S3 00 for a 20 day supply And
SS 00 for twice the amount. Lose ugly
fat or your money will be refunded with
no questions asked by
Howell Orug Store Raeford
Mail Orders Filled
WANTED:
To Buy Pine. We Pay
Top Dollar.
Call
ROBERT K. CURRIE
After 6 Mon. thru Friday
All Day Sat. & Sun.
875-5326
Raeford, N. C.