Hoke Children's Center Has A Party
The Hoke County Children's
Center held a Christmas party on
,Dec. 21 for nine children ages 3 to 5
tt the First Baptist Church here on
lain St.
Staff members, parents, mem
btfts of the board of directors, and a
couple of local merchants attended
the festivities, which included a
visit from Santa Claus himself.
Santa loaded the youngsters with
gifts, and there were refreshments
for all.
Director of the center, Judy
Hendrix, wished to thank J.R.
Kennedy of the Decor Center in
Raeford for donating a large
amount of the toys that were given
to the children.
Thanks were also extended to
Pete Canady, for his donation to
the party; to Moore's Department
Store, for gift boxes; to the House
of Raeford, which gave large
stockings filled with toys; to Mr.
and Mrs. James A. Hunt and the
Church of God, for donations of
fruit and candy; and to Warren
Pate, who played Santa Claus.
In operation since 1973, the
Hoke County Children's Center is a
developmental day care center for
disabled children in the county
between the ages of 3 and 5. The
center has been located in the
Baptist Church here but will be
K moving to a new location on
Donaldson Ave. in Jan.
The center is licensed for 15
children, according to the director.
"We currently have nine children
^ enrolled at the center, with various
LAW FOR LMIM
by
Professor Howard Oteck
Wake Forest University
School of Law
(Distributed by
ttie N.C. Academy
of Trial Lawyers as a
public service)
You Can Sue Public
Official Wrongdoers
A "Taxpayer's Action" is a
lawsuit brought by a private citizen
or group, to get a court order
directing a public official to do his
duty to enforce the laws. It is a
"safety * valve" law that enables
indignant citizens to "do some
thing."
Such lawsuits are brought when
public officials fail to enforce laws,
? or do not properly protect the
public interest. Any damages
award or court order that is
granted, goes to the public, not to
the individual who brings the suit.
The plaintiffs usually must show (1)
that they are taxpayers or citizens
of the city, county or state con
cerned; (2) that they sue on behalf
of themselves and of all other
taxpayers with the same complaint;
(3) that they have formally de
manded that the official act and
that he has not done so -- or that it
would be futile to ask; (4) that the
act or neglect complained about is
unlawful; and (5) that irreparable
injury will result if the official is not
forced to act properly.
An excellent and detailed discus
sion of "Taxpayers' Actions" was
published in August 1977 in the
Wake Forest Law Review (Vol. 13;
pages 397 to 444).
Early common law cases on this
subject first involved city residents,
and then state residents, who sued
to force public officials to do their
duty properly. For example. North
Carolina s history and rules in such
cases can be seen in the case of
Styers v. Phillips, 227 N.C. 460
? (1971). But now there are statutes
(e.g., N.C. Gen. Stat. Sections 128
-- 10, etc.) adding legislative
guarantees of the right to bring
taxpayers' actions in many states.
I New Mexico seems to be the only
state that expressly forbids tax
payers' actions.
The chief subject of such lawsuits
often are alleged corruption in
government. For example, in North
Carolina the winning plaintiff may
get up to one - third (maximum
$500) of the sum returned to public
funds by an official who wrongfully
retained public funds. Misuse of
public funds or property, or failure
to get competitive bids for public
works, or tolerating a public
nuisance, are typical kinds of cases.
Federal law was growing in the
matter of taxpayers' suits, until
recently, especially in environmen
tal and civil rights cases. But
largely the U.S. Supreme Court has
been cutting down thi? "private
attorney general" right to sue. The
most drastic handicap was the
Alyeska case of 1975 (421 U.S.
240)1 where the court barred
attorney fees to citizens unless a
specific statute authorizes such a
fee in theparticular kind of case.
1 This effectively prevents federal
taxpayers' actions in most cases, as
, few people can personally afford
the long and expensive lawsuit in
which the accused official usually
gets all kinds of defense help at the
taxpayers' expense.
But in state cases the right to sue
misbehaving public officials still is
widely available to a determined
and public spirited citizen.
j
handicaps, including: cerebral pal
sy, epilepsy, blindness, deafness,
mental retardation, and speech
delays," she said.
Anyone who knows of a child
with any handicapping conditions
is urged to contact Judy Hendrix at
the center (875-5074).
Services are available without
charge. The center is 6pen five days
a week, Monday through Friday,
from 8 till 4 p.m. Transportation
and meals are provided.
When a child first enters the
center, he is evaluated and an
individual program is set up for
him, the director said. The children
are taught individual skills in the
areas of running and jumping,
writing, language, and personal
health and grooming. Each child's
program is set up according to his
own individual needs, she said.
ON SANTA 'S KNEE ? The Hoke County Children 's Center held a Christmas party last week that included a visit
from Santa Claus. The center teaches developmental skills to handicapped children. There were presents and
refreshments at the party. Santa was played by Warren Pate, chairman of the center's board of directors.
The staff consists of four mem
bers, besides the director. They
are: Mrs. Woodie Morrison, teach
er and L.P.N.; Miss Brenda Currie,
teacher; Mrs. Irene Goins, teacher
aide and van driver; and Mrs. Ethel
Marshburn, teacher aide.
The center is federally funded
and governed by a board of
directors consisting of local citi
zens, with Warren Pate as chair
man.
Children are referred to the
center through local agencies, such
as the Hoke County Health Depart
ment. the Department of Social
Services, the Hoke County Mental
Health Center, the Developmental
Evaluation Clinic in Fayetteville.
and through local physicians and
interested citizens.
The public is invited to comc by
the center and talk with the
director about the program.
"We are always happy to have
people come by." Judy Hendrix
said. "So many local merchants
have been so kind to the children.
"If you ever see children being
pushed down Main Street in wheel
chairs or a shopping cart (donated
by the A&P) chances are they are
from the Children's Center," she
said. "They love to go by The Decor
Center, as Mr. J.R. Kennedy
always has a treat for them.
"We are all so lucky to have what
we have, and sometimes we fail to
appreciate what has been given
us." she continued. "Please think
of 'our' children -- these children
that depend entirely on the citizens
of Hoke County. Come by the
center and see what a wonderful job
the staff is doing."
Deaths And F unerals
Bum Ice B. Cole
Burnice Beverley Cole, 77, died
Sunday morning. Funeral services
were held at Raeford United
Methodist Church Monday at 2:30
p.m. The Revs. Kelly Wilson and
Leighton McKeithen officiated.
Burial was in Raeford cemetery
where final Masonic rites were
held.
Cole was a member of Raeford
United Methodist Church, Raeford
Masonic Lodge No. 306 AF and
AM and Raeford W.O.W. Camp
No. 118.
Surviving are his wife, Mrs. Pearl
Shaw Cole; a daughter, Mrs. Nancy
Conoly of Raeford; two sons,
Herman Cole of Fayetteville and
B.B. Cole Jr. of Columbia, S.C.;
two brothers, J. V. Cole of Carthage
and W.B. Cole Sr. of West End;
three sisters, Mrs. Julia Cook, Mrs.
Louise Campbell and Mrs. Ina
Clemmons, all of Fayetteville; six
grandchildren and one great
grandchild.
Pallbearers included J.R. Shaw,
Jr.. R.C. Cain, Larry W. Clark,
W.B. Cole, Jr., Tommy Clemmons,
Vernon Hall Clemmons, Jerry
Clemmons and Ed Hasty, all
nephews of Cole.
Mrs. Freda B. Loftin
Mrs. Freda Bean Loftin. 89, of
Rt. 1, Denton, died Dec. 21 in
Randolph Hospital.
Funeral services were conducted
Friday at Clear Springs United
Methodist Church, where she was a
member, with the Rev. Joe Green
officiating.
She was a native of Davidson
County.
Surviving are three daughters.
Mrs. Lula Davis of Raeford. Mrs.
Jewel Spell and Mrs. Mabel Cook
of Rt. 1, Denton; a son. Howard
Loftin of Rt. 1 . Denton; two sisters.
Mrs. Fred Lloyd of Thomasville.
and Mrs. Charlie Jones of Newport
News, Va.; a half brother, Joe Bean
of Denton; one grandchild; four
great-grandchildren; and one
great-great-grandchild.
Ernest McGougan
Graveside services for Ernest
Duval McGougan, a Hoke County
resident, were conducted at 11 a.m.
Dec. 28 in the McGougan
Family Cemetery at Lumber Bridge
by the Rev. Stacy Wells.
McGougan, 84, of Rt. 1 , Lumber
Bridge, died Monday at Veterans
Hospital in Fayetteville. He was a
Lt. Colonel in the National Guard.
Surviving are one son, Ernest
Daniel McGougan, of the home;
one daughter, Mrs. H.S. Gresham
of Virginia Beach, Va.; and seven
grandchildren.
CUfton McMUIian
Clifton McMillian of Rt. 1,
Raeford, died Monday night.
Funeral arrangements will be
announced by Buie Funeral Home.
Walter H. McLean
Walter Herbert McLean, 68,
died in mid - December in Red
Springs.
Read Matthew 19:13-15
"Except ye be converted, and
become as little children, ye shall
not enter into the kingdon of
heaven." (Matthew 18:3)
Christmas holidays were over.
Relatives had returned to their
homes. Those employed were again
on their jobs. The once beautiful
tree drooped dejectedly, and the
decorations were on their way to the
attic. The last item to go was a
small creche with a cuddly Baby
Jesus, the special possession of the
three - year - old granddaughter.
Suddenly and unexpectedly her
Baby Jesus became the object of her
search. Upon being told that He
had been stored in the attic,
brokenly she sobbed, "Why did you
put my Baby Jesus in the attic?"
Nothing satisfied until He was safe
in her possession. An innocent
heartbroken child's question seized
my mind as conviction tore my
heart. How often we push Jesus
aside until some special need
arises! I closed my eyes and prayed.
PRAYER: Lord Jesus, forgive us
when we push You into an un
important place in our lives.
Strengthen us in our endeavor to
crown You King of our lives, not
for a day, an hour, or a season, but
for all time. Amen.
THOUGHT FOR THE DAY:
Where do I keep Jesus?
?-copyriaht-THE UPPER ROOM
--Lois B. Abbott ( Simpson ville,
South Carolina)
Funeral services were conducted
at 2 p.m. Dec. 29 at Red Springs
Funeral Home by the Rev. James
H. Shiven. Burial was in the Center
Grove Cemetery.
Surviving are his wife, Mrs.
Elian McLean; three sons, John H.
McLean of Baltimore, Md., and
J.B. McLean and Robert McLean,
both of Red Springs; two daugh
ters, Mrs. Margaret Ellis of Balti
more and Mrs. Rosa Parker of Red
Springs; two sisters, Mrs. Nannie
Hamilton of Raeford and Mrs.
Blanche Blue of Newark, N.J.; a
brother, Mallie McLean of Rae
ford; 18 grandchildren and six
great - grandchildren.
The family received friends from
7 to 8 p.m. Dec. 28 at the funeral
home.
David J. Wright
David Junior Wright, 56, died
Tuesday morning at Veteran's
Hospital in Durham. Funeral ser
vices will be held Friday at 1 1 a.m.
in Crumpler Chapel with the Rev.
John Ropp officiating. Burial is to
be in the Raeford Cemetery. Mr.
Wright was a retired Army Major.
Surviving are his wife, Mrs.
Alma Wright, of the home; his
mother, Mrs. Sally Campbell of
Asheville; one daughter, Mrs.
Diane Insley of Rochester, N.Y.
and a brother, Floyd Wright of
Bonita Springs, Florida.
TOWN ? COUNTRY
Cinema 1&2
Town & Country Shopplnf Cantar
?44-1 111
Bttwaan Abardaan fc So. Plnat
Cinema 1
HELD OVER 2nd BIG WEEK
Clint Eastwood
in "THE GAUNTLET" (R)
Tough Action In Cotar
3:20 ? 7:10 ? 9*05
Sat Sun 130 3 20 7 10 9 05
Thursday 12/29 - LAST DAY
"DAMNATION ALLET" (PG)
Shoot ? 1 20 ? 7:19 ? 9 05
Cinema 2
Startinf Friday 12/30
George Burns - John Denver
in "OH 000" (PG)
A OCUOHTFUl - FUNNY MOVIE1
3:t0 7:10 *08
Sat -Sun. 1:30- 3 20 ? 7 10 9 05
"DISCO 9000" (PG)
719 and 9M
Starting Friday Dec. 30 - For 7 Day*
Alex Cord ? Ben Johnson
in "GtATEAGLE" (PG)
OUTOOOft AOVCNTURC
7:194 90S . .
Sat Sun. 1:20- 7:19- 9-06
114 N. Main St. - Raeford, N.C.
STORE HOURS: 9 a.m. til 5:30 p.m. ? Fri. open until 9 p.m.
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