VOL. 3. NO. 22
MARSHA KAY PETERSON
BRENDA LEE WEBB
MITZIE RENEE LAWHERN
MARIETTA GAIL THOMAS*
JULENA ANN YOUNG
DEBORAH LYNN MILLER
THE YANCEY JOURNAL
Chosen For
Girls State
Six Yancey County girls have
been selected to attend the 35th
Annual American Legion Auxi
liary Tar Heel Girls State, to be
held June 9 through June 15,
1974 at the University of North
Carolina, at Greensboro, N.C.
Tar Heel Girls State was
originated and established in
1940 by the American Legion
Auxiliary as an Americanism
project to ptovide for high
school girls of the State an
opportunity to study and prac
tice citizenship in a democracy.
For thirty-four years it has
developed within several thou
sand young leaders *' deeper
sense of their responsibilities as
citizens and proved to be a
practical source of instruction in
the structure and operation of
State government.
Every Unit of the American
Legion Auxiliary, Department of
North Carolina, mayh sponsor
girls to Girls State, and the
following girls were sponsored
by the Burnsville American
Legion Auxiliary Earl Horton
Post No. 122: Marsha Kay
Peterson, daughter of Mrs.
Madge Peterson, Burnsville, a
student at Cane River High
School; Brenda Lee Webb,
daughter of Mr. and Mrs. Jack
Webb of Route 2, Green Moun
tain. a student at Cane River
High School; Mitzie Renee
Lawhern, daughter of Mr. and
Mrs. Luther Lawhern of Route
2, Green Mountain, a student at
East Yancey High School; Mari
etta Gail Thomas, daughter of
Mr. and Mrs. Philip Thomas of
Burnsville, student at East
Yancey High School; Julena
Ann Young, daughter of Mr.and
Mrs. Earl Young of Burnsville, a
student at East Yancey High
School; and Deborah Lynn Mil
ler, daughter of Mr. and Mrs.
Ray Miller of Route 6, Burns
ville, a student at East Yancey
High School.
Deneen Mica
Asks Permit
Deneen Mica Company, Inc.
has applied for a Pollutant
Discharge Elimination System
Permit to the United States
Environmental Protection Agen
cy’s Water Enforcement Branch
according to information receiv
ed from EPA. The EPA states
that barring comments or obli
gations to the permit, it tenta
tively proposes to issue one
subject to specific limitations
and conditions.
The existing discharge from
Deneen is to the South Toe
River approximately one mile
downstream from where U.S.
Highway 19 crosses the South
Toe River.
Persons wishing to comment
or object must submit same in
writing to the Environmental
Protection Agency Region IV,
Water Enforcement Branch,
1421 Peachtree St. N.E., Atlan
ta, Georgia 30309. Permit
application number must be
listed on envelope (see legal
notice on page 9 of this issue).
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BURNSVILLE, N.C. 28714
Facelift Begins; Fund-Raising Drive Planned
The Town Facelift being sponsored by the Yancey County
Chamber of Commerce has begun. The trenches being dug on the
town square are for burying unsightly wires which have marred the
square’s park-like atmosphere and the Town Board of Burnsville is
Yancey Sheriff, Deputies And Forest
Rangers Named In $2.3 Million Lawsuit
A group of youths from
Florida have filed a civil suit
against Yancey County Sheriff
Kermit Banks and eleven other
law enforcement officers in
connection with a confrontation
between the two groups two
summers ago at Black Mountain
Campground in Yancey County.
Attorneys for the plaintiffs,
which include nine young men
and eight women ranging in age
from the late teens to the early
20s. alleg that their civil rights
were abused in a “scuffle” with
the oficers on the night of July
3, 1972 and have filed a
complaint against 12 defendants
in the U.S. District Court in
Asheville.
Reuben J. Dailey, Asheville
attorney and administrator for
the estate of Stanley W. Alt
land, a 20-year-old Clearwater.
Florida man killed in the
incident, seeks $1 million for
“special compensatory and
general damages” and another
$500,000 for “punitive dama
ges" in the complaint. The
other plaintiffs are each seeking
$25,000 in compensatory dama
ges and $25,000 in punitive
damages, for a total of $850,000.
Defendants named in the
complaint include Banks, Chief
Deputy Erwin Higgins, Deputy
Bill Arrowood, and Special
Deputy Robert Banks, all of
Yancey County; Mitchell County
Deputies Larry D. Cox and Paul
Wheeler; Horace Biggs, a
Burnsville policeman; Harold
Rivers, Blaine Ray, Johnny
McLain and Jack Olinger, all
employees of the U.S. Forest
Service; and Terry Shankel, an
employee of the N.C. Dept, of
Natural and Economic Resour
ces, Wildlife Division. All are
alleged to have participated in
the “confrontation" on the
night of the incident.
On the night in question, the
Sheriff and his deputies were
called to the youths' camp by a
U.S. Forest Service official, who
told the officers that the youths
were creating a disturbance and
would not move out of the area.
This is according to a statement
made by Banks at the court
hearing November 27, 1972.
The sheriff said the youths had
been drinking, igniting fire
works, and disturbing other
campers in the area. Banks said
he could also smell the odor of
marijuana burning and later «
found evidence of the illegal
weed, pills and other drugs at
the campground.
Banks told the court that
several of the youths “advanced
upon the sheriff, striking him
and grabbing for his weapon.”
In the “scuffle” that followed,
the officers said. Chief Deputy
Erwin Higgins' shotgun "Acci
dentally” fired when it struck
another youth, and that the
blast killed Altland, who was
standing nearby. The officers
involved have all said, under
oath, that the fatal blast came
from Higgins’ weapon, the only
gun fired in the incident.
That night, the officers
arrested 24 youths, charging
each with disorderly conduct.
Yancey County District Court
Judge Robert Gash later drop-
Mt. Mitchell Crafts Festival Plans
Underway; Strong Interest Is Shown
As has been announced
earlier, the Mt. Mitchell Crafts
Fair is being planned for August
2 and 3 on the Town Square in
Burnsville.
Several requests for booths
Schedule At High Pastures
The May 31 through June 2 meeting scheduled at High
Pastures Retreat Center near Burnsville will follow the
schedule here for services.
Friday!
Evening service 8:00
Salirdayt
Bible Study 9:30-10:30
Devotion in Motion 10:30-11:00
Break 11:00-11:15
Prayer Groups 11:15-11:15
Afternoon for Counselling, Hiking and Rest. . .
Evening service • - 7:30
Sunday:
Morning service 9:30
Followed by Sharing and Testimony
Evening service 7:00 -——gj
naking momentous decisions about renovating the old courthouse
is part of the facelift project. The Chamber is initiating a
find-raising drive for help in continuing the work of making this
irea a more beautiful place for these who live here and for our
Isitors.
ped charges against all but two
of the youths, David R. Satter
white and Kevin T. Shea, who
were fined SIOO and $25 respec
tively. Satterwhite and Shea are
not named as plaintiffs in the
complaint. According to reports
received here. Satterwhite was
subsequently shot and killed by
a policeman in an incident in
Greensboro, N.C. in February,
1973.
The youths have maintained
that no drugs were used by their
party and that no resistance was
offered when the officers raided
their camp site. They also
maintain that it was a blast from
Sheriff Banks’ shotgun that
killed Altland. In their com
plaint the youths allege that the
officers made "unwarranted,
unlawful, unprovoked and vi
cious assaults upon the plain
tiffs by the use of threatening
and information have been
received by the Chamber of
Commerce Office and the coor
dinator of the Fair, and these
requests give strong indication
that there will be lively interest
t n n n i~i i~i n n i~i n n •
THURSDAY, MAY 30, 1974
and violent language, by shov
ing and kicking plaintiffs and
striking plaintiffs with their
weapons, by conducting illegal
and unconstitutional searches,
and otherwise physically abus
ing" the plaintiffs.
The complaint further char
ges Banks with killing Altland
"without just cause or provoca
tion" with the aid and encour
agement of the other defen
dants. who made no effort to
provide immediate medical at
tention and moreover denied the
plaintiffs an opportunity to come
to Altland’s aid.
The defendants are also
charged with failure to advise
the plaintiffs that they were
under arrest or advise them of
their constitutional rights.
The defendants have not yet
filed a reply to the complaint.
in the Fair again this year.
The Crafts Fair coordinator,
James Byrd, will not begin
full-time work on the Fair until
around the middle of June after
his work in the public schools is
completed for the school year,
so if any of the craftsmen need
information now, contact h'm by
writing to Box 273, Burnsville.
Shortly after the middle of
June, complete information and
application forms will be mailed
to craftsmen who attended the
Fair last year and to those new
ones who have already written
for information.
Dance Slated
A Dance will be held at East
Yancey High School on Friday,
May 31, from 8:30 to 12
midnight. Admission is $1.50
per person. The dance is
sponsored by East Yancey Var-
sity Cheerleaders and the Band
is Indigo Springs.
Town Board Considers
Courthouse Renovation
The purchase of the old
Yancey County courthouse by
the Town of Burnsville received
strong endorsement at a public
meeting held on Tuesday last
week at the county courthouse.
The meeting, attended by about
fifty persons was called by the
Town Board to sound out public
opinion regarding acquisition
and remodeling of the dilapi
dated old building that has been
standing unoccupied on the
town square for the past ten
years.
The general sentiment of the
meeting was that the renovation
of the old eyesore, coupled with
the facelift of the town square
itself, promoted by the Yancey
County Chamber of Commerce
and now w6ll under way, will
tremendously enhance the ap
pearance of the central down
town portion of the town. After
Mayor James Anglin presented
details regarding the offer of the
building to the town, and after
general discussion during which
numerous questions were rais
ed, a motion was made from the
floor that the meeting express
its endorsement of the pur
chase. The vote, taken by a
show of hands was unanimous
in favor of proceeding with the
project.
The Town Board has for
some weeks had under consi
deration the possible purchase
of the old courthouse. Through
the columns of The Yancey
Journal, through radio station
WKYK, and at the Chamber of
Commerce annual dinner, the
Board has endeavored to keep
the citizens informed regarding
★ *
Chamber Os Commerce
Directors And Committees
J. Olen Shepard, president,
announces that Yancey County
Chamber of Commerce has
added the following members to
its board of directors: Dr.
Garland E. Wampler, David
Mclntosh, Bob Young, Charlie
Hensley and Cy Jordan. Other
directors are J. Ardell Sink,
Grace Banks, Ray Vance Miller,
Bob Helmle, Charles Gillespie,
Franklin Woody, W. A. Banks,
Paul Wooten, G. D. Bailey,
Donald Westall, Mary Ellen
Ray, J. C. Styles, Claude Vess,
Mayor James A. Anglin and
Commissioner O. W. Deyton.
Yancey County Chamber of
Commerce committees have
been appointed to serve during
the current year as follows:
Membership- Ben Floyd,
Chairman, Bob Young, Co
chairman, Mary Ellen Ray, J.
Ardell Sink, J. C. Styles, Grace
Banks, Paul Wooten.
Budget and Finance - Claude
Vess, Chairman, Fred Bacon,
Grace Banks, Philip Thotnas.
Craft Festival & Youth Jam
boree i James Byrd, Claude
Vess, Bob Helmle, J. C. Styles,
Earl Young, Jim Buckner, Grace
Banks, David Mclntosh.
Town Face Lift • Donald
Westall, Chairman, O. W. Dey
ton, Jim Anglin, David Mcln
tosh, Dr. G. E. Wampler, Grace
Banks, Franklin Woody.
Tourist and Travel Promo
tion - Rush T. Wray, Chairman,
Cy Jordan, Ray Vance Miller,
Grace Banks.
Merchants and Business Af
fairs - Charles Gillespie, Chair
man, James Ray, Grace Banks.
Ben Floyd.
Industrial Development W.
A. (Bill Banks), Chairman.
Mack B. Ray, O. W. Deyton.
Bob Helmle.
Publicity and Public Rela
tions - Alma B. Shepard.
Chairman, J. Ardell Sink. Grace
Banks.
■ j ■■ s
10«
the possible project. Last week’s
meeting was a further attempt
to “lay all the cards on the
table.”
The building in its present
condition has been offered to
the town by its owner. Judge
Wm. E. Anglin, for approxi
mately $50,000. This price is
based on the $30,000 which the
Judge paid ten years ago, plus
taxes paid, and interest on his
investment, figured at 6 per
cent a year.
Mayor James Anglin, at the
meeting explained that the
Town is financially able to
handle the project without crea
ting a threat of increased taxes.
The $67,000 already received
under the Federal revenue
sharing program, largely be
applied to the purchase and
renovation. Substantial addi
tional revenue sharing funds are
assured during the next two
years.
The Town has employed the
architectural firm of Kyle C.
Boone of Weaverville to study
the building and recommend
appropriate remodeling. Pre
liminary estimates are that the
remodeling cost will be in the
neighborhood of SIOO,OOO. The
tentative plans call for the use of
the first floor as town offices,
police department and Chamber
of Commerce. The possible use
of the second floor is still under
consideration.
The Town Board has not as
yet reached a firm decision, but
will act before the adoption of
* the budget for the coming fiscal
year which begins on July first.
Community Betterment and
Development - G. D. Bailey,
Chairman, Bobby Com, O. W.
Deyton, E. F. Hunter. Carlyle
Bledsoe, Charlie Hensley.
The President and Secretary
of the Chamber of Commerce
will work closely with all of the
committee chairmen, committee
chairmen may ask additional
members to work on committees
if they wish to do so.
★
Town Square
''Facelift” Is
Beginning
The Yancey County Cham
ber of Commerce is pleased to
see that action is taking place on
the Town Square in Burnsville.
The town “facelift” that has
been planned over the past
years is now becoming a reality.
Through the fine cooperation
between French Broad Electric
Membership and the town offi
cials, all electric wiring is going
underground leaving the natural
beauty of the square unmarred
by [rales and overhead wires.
Soon brick pavement of
,walks will begin, lights will be
installed and Burnsville will
take on a new look.
The Chamber takes pride in
having sponsored this proje-t
and greatly appreciates the
cooperation and work which wilj
soon bring about the completion
of an undertaking that all of
Yancey County may well be
proud of.
Be sure to see next week's
Yancey Journal in which the
Chamber of Commerce will
of what thejbwn Square wdfbe
ted.
‘ ‘ ...S