The Cherokee Scout
AndClay Conn ty Progress
VtlwM 73 - Mwaibar 2f Murphy, North Carolina, Thursday, Pah. 14, 1943 12 Pap** Thla Woak Publiahad Wookly WSSSAv*MOaftVctXotjjNA
LIBRARY
KJBEEI I 0
S1MRI
David V. Carringer, 66,
Dies Unexpectedly At Home
MURPHY - David V. Car
rlnger 66, died unexpectedly
In his homeSaturday morning.
Peb. 9.
Mr. Carrlnger was a native
of Graham Coimty, son of Mrs.
Amanda Dltmore Carrlnger,
who survives, and the late
Samuel W. Carrlnger. He
came to Cherokee County In
1909, where he taught school
for two years. He also taught
In Graham County. He was
later an employee of G. W.
Candler In the general mer
chandise business.
Later Mr. Carrlnger be
came associated with Nell
Davidson in a grocery store.
He began operating the D. V.
Carrlnger Department Store
In 1934 and retired In 1961.
Surviving In addition to the
mother are the widow, Mrs.
Carrie Hampton Carrlnger;
one daughmr, Mrs. Roberta
W11 llama of Knoxvllle, Teen.;
three sons, Grady and Harry
of Murphy and Jack of De
troit, Midi.; three rlsters,
Mrs. Lee Coker and Mrs.
Everett Hall of Braastown
and Mrs. Lake Ledford of
Cottage Grove, Oreg.; four
brothers, Dlllard of Murphy,
Wayne of Braastown, Floyd of
Knoxvllle, Term., and Zack of
Oak Ridge, Tenn., and a num
ber of grandchildren.
Services were held st 2 p.m.
Monday In Murphy First
Methodist Church.
The Rev. Clark Benson,
pastor, the Rev. Alfred Smith
and the Rev. Fred Limaford
officiated and burial was In
Maggie's Chapel Church
Cemetery.
Pallbearers were Jack
Dickey, H. A. Mattox. Dr.
Paul Hill. Charlie Johnson.
New Tax Law
Offers Tax Savings
To Farmers
By James M.Stewart
A new tax law this year
ould mean a considerable
savings t> farmers who pur
chased new or used machinery
and equipment In 1962.
For a farmer who acquired
new or used depreciable pro
perty for use In his business,
he may be able to reduce hit
tax liability by seven per can
the amoieit of the investmen
which qualifies for the firs
veer the property is placet
n service.
The amowt of the Invest
ment credit is deductable fron
the actual tax ? be paid. Ai
example of this would be slml
lar K> this: a farmer purchas
ed a new tractor In 1962 fo
$2200. The Investment credl
Is $154. If ihe farmer wai
originally scheduled to pa;
$200 tax he can subtract tb
Investment credit and his
tax would now be $56.
In order to obtain Invest
ment credit the farmer mm
file Form 3468. To qualli
die proper ty muet have bee
purchased rfter Dec. 31.1961
and have tn expected usafti
life of at least four yean
Cherokee County fsrmen
could save themselves constd
arable money by obtaining
Farmers TaxGtddetndutllli
?ng the Information availaiai
In this tax pubUcaBoo. Fn
copies of the Farmers Ti
Gidda are available In d
Coimty Agent's Office.
??Tn
worU yNtol
Murphy Boy
Is Injured
In Wreck
MURPHY ? Ray Elliott.
Larry Brown, and a friend of
Mr. Elliott's were enrouae to
Murphy from a vocational
achool In Nashville, Tenn.,
to spend tha weekend when they
had a wreck Saturday morning
seven miles beyond Chatta
nooga, Tenn.
Mr. BlUott was cut on the
arm and la a patient in a
Chattanooga hospital. Mr.
Brown and the other occu
pant of the car were not ser
iously hurt and were dismis
sed from the hospital.
The car was wrecked be
yond repairs. Mr. Elliott Is
expected to return home the
latter part of the week.
FORMER NEWSPAPER OWNER,
EDITOR HERE FOR FUNERAL
MURPHY - Carl W. Bailey,
former owner and editor of
The Scout, came to Murphy
Monday to attend the funeral
of his old friend and fishing
partner, E. C. Moore. Mr.
BaUey now lives In Atlanta.
Mr. Bailey first came to
Murphy in 1921 as a linotype
operator whenSlpes and Berry
)owned and operated the news
paper.
He later bought control of
the paper when Slpes entered
the teaching profession.
He sold the paper id L. A.
Lee, now of Dalton, Ga., In
1937.
Mr. Bailey Is now an "ad
man" In the composing room
of the Atlanta newspapers. He
plans to retire at the end of
the year.
Edward Town son, and Charles
Coleman.
Honorary pallbearers were
members of the Men's Bible
class of the church.
I vie Funeral Home was in
charge.
Nantahala-Duke Ruling
Expected In 30 Days
GRAHAM - A Siqiertor
Court Judge, hearing the con
troversial Nantahala Power
and Light Co. sale case on
appeal here Monday, said he
would try to rule in the mat
ter within 30 days to speed
it on its way to a Sigtreme
Court verdict.
Judge Henry A. McKlnnon
of Lumberton heard the case,
with all its stored - up
complexities at a day long
session* in Alamance Cotaity
Sigterlor Court.
The case was brought on q>
peal from a Stats Utilities
Commission order approving
the sale of NP k L trans
mission facilities to Duke
Power Co. by a group of pro
testing customers in six West
ern North Carolina counties.
Involved in the sale are all
of the electric distribution
facilities in Jackson, Macon,
Clay, Cherokee, Graham, and
Swain Counties, Including a
franchise in each of Frank
lin, Sylva. Dills bo ro, Web
ster, Bryson City, Andrews
and Kobbtnsvllle together
with certain transmission
lines, three hydroelectric
generating plants at Bryson
City, Dillsboro, and Franklin
with related sub-stations and
equipment.
The appeal was set in Ala
mance In expectation of a
further appeal to the State
Sigjreme Court. The high
Court's calendar is so ar
ranged that it could hear any
appeal from there during the
spring term this year.
J udge McKlnnon said in view
of the certainty of an appeal
from his decision, he would
make every effort to reach a
judgement by March 11.
One issue was disposed of
during the day ? attorneys
for the power companies
pledged there would be no
transfer of the NP h L facili
ties imtil a final order is ob
tained from the Federal Powei
Commission.
This eliminated what had
bean a touchy lasue folio win)
the SUC approval of the salt
which made die transfer ef
fective immediately. Op
ponents were unsuccessful be
fore the SUC in seeking astv
on the affective date. A simile
motion was made Monde
morning before Judge Mc
However, Carl Horn, Jr.
chief comae! for Duke, sal
?arty in the proceedings tht
"We have no intention of at
tempting to complete the sal
tsidl the matter has been hear
in the Supreme Court." H
noted that tha utilities com
mission did not rule on th
stay petition filed with It be
cause tha sale requires FP<
"PProval.
Near the and of tha dai
R. C. Howl son, attorney fo
Nantahala, mads a formal
statement on bshalf of hot
coiiqinlss that "there woul
be so i
til there is m order permimo
It by the FPC."
Attorney LaCy Thornburgc
Sylva, one of fou
_ . *? City at
T. Crisp aad Vaugt
?. both of Relate)
sen ted by the appellants with
the petition for a stay of the
effective date of the sale de
murred to the sufficiency of
the legal basis on which Nan
tahala rested Its application
to the SUC for permission to
sell to Duke.
Argued by Wlnborne, the de
murrer claimed two faults
with the application: That it
failed to set forth as required
by lat that "public con
venience and necessity" de
manded the sale, and that be
cause of Nantahala's true
ability to serve Its customers
there was no adequate cause
for the action.
But Horne said Wlnborne, In
contending the law requires a
showing that public interest
must demand a sale before It
could be Justified, was arguing
for an Interpretation entirely
opposite to Supreme Court
decisions. Public necessity,
Horne said, means only rea
sonably necessary and not Im
perative requirements.
Horne said the high court
had also affirmed the basic
right of one utility to sell It
property to another. He said
the cause for the action was
adequate: That Nantahala was
naming out of power and that
Duke was the most feasible
source of future stgtply.
Judge McKlnnon with
held any Immediate ruling on
the demurrer.
At another point, the appel
lant raised the Issue of the
bias they alleged was dis
played throughout the SUC
hearings by Commissioner
Sam Worthlngton.
Thorn burg told the court
his side had raised the Issue
before the utilities commis
sion "only with much re
luctance" and were doing s?
to the court only after care
ful consideration.
He said the charge of biat
was among the most serlou
challenges being made to tht
legality of the SUC order
He laid before the coin
lengthy quotations from the
SUC hearings during whld
he said Worthlngton cross
examined sharply numerous
witnesses for the protastanc
but never corss-examined an'
of the witnesses for the ap
plicants.
The *pellants also claim
ed that Worthlngton displayed
bias in exchanges with the at
nraeys for the progestin
grot*.
The objections red tin
Worthing**)'. alleged bias, t
appellants argued, was sua
tallied by the record and alon
would ba sufficient growth
for reversing the order.
Horne mok issue with th
attribution of bias k> Wor
thingfon. Ha said Commit
sloner Thomas Bller of Bre
vard and others engaged I
similar avrhnea with a nor
nays. No mors or no lea
bias could be charged k> thes
record, bedalraec
The preatdfcg Judge, hsvii
"IT received the voltsnl
record of the tone SU
s anoei
on brio!
I by both i
At gist
ran B SI
sipporssd by a
ice of qysal. The power con
Itna41-PB
Citing eight points of error
claimed In the SUC order, the
appellants detailed challenges
as to the constitutionality of
the order on three grounds:
1) That is deprived the ap
pellants of their property
without due process of law In
violation of state and federal
constitutiona,
2) That It unlawfully confers
igwn NP k L exclusive pro
fits and privileges In violation
of the state constitution.
3) That is unlawfully estab
lished a monopoly alson in
violation of the North Carol
ina constitution.
The briefs further claimed
that even If the allegations of
fact in the NP & L application
were ture, they were insuf
ficient to Justify the sale; that
the SUC erred in failing to
grant motions to dismiss and
for a non-suit; that the SUC
reached conclusions and find
ings which failed to support
Its final order and that the
conclusions It reached were
not sipported by Its findings.
In fact, the appellants
callmed, the order conclusion
and findings were all unsup
ported by competent evidence.
They callmed the SUC ex
ceeded Its statutory authority
In the order and that the order,
conclusions and flndslngs of
facts were "arbitrary and
capricious."
The appellants also argued
at length that in addition to
that the commission should
have disqualiftedWoi thlngton
for bias, erred In d-nylng a
motion that the question of the
sale to Duke be postponed until
it had ruled In a separate
application by Nantahalk for a
general rate Increase, \erred
In denying a request thatsome
part of the hearings be' held
In Western North Carolina,
erred In falling to request
Nantahals to negotiate vith
Tennessee Valley Authority ID
determine the best terms
under which TV A power wotld
be available for distribution
in the Nantahals service area,
and erred in permitting the
power companies to introduce
evidence over the objections of
the protestants while refusing
to admit certain evidence of
fered by the protestants.
In a final point, the appel
lants contended that the SUC
order unlawfully established
electric rates by decreeing
that the old Nantahals rates
would be in effect under Duloe
Power Co. for a period of
. three years from the data of
the sale.
In answer to these charges
the power companies main
tained that the commission's
order approving the sale was
supported by the greater
weight of evidence at the hear
ings, and did meet all sta
tutory reqtdrements of public
convenience and necessity.
They claimed that the recot
fully supported the commlt
f aion's findings that Duke
C Power Co. Is well qualified
- "to render adsquata servtc
to the public utility customers
In the area, economically and
at i
They died the testimony of
"lie officials
m that Duke's
t- N antahals system would ool
J, (Casstl?od ee keek MIA
E. C. Moore., Murphy Civic
And Buiness Leader, Dies
MURPHY - B.C.Moore, 74,
a successful businessman and
civic leader who is pastyears
put his own money into the town
of Murphy when It needed help,
died Mornday morning at his
home after a long Illness.
He was active In his busi
ness, the local Dodge auto
mobile agency, for 40 years,
and stepped aside only six
months ago because of Illness.
Mr. Moore served several
terms on the town council, and
on the Cherokee board of
County Commissioners, of
which he was once chairman.
Several times during his car
eer he loaned money to the
town without Interest, the most
noteworthy Instance being the
purchase of the old Southern
States Power Co., in the late
1930s, when conversion to
TVA was being pursued. At
that time, he put up a large
part of the estimated J100,000
the town needed.
He was a director of the
Citizens Bank and Trust Co.
for many years, and was a
charter member of the Mur
phy Lions Club. He recently
donated a 10 acre tract of land
to the Boy and Girl Scouts
for a camp sin, and had plan
ned to erect a building on it.
He was publicly cited In 1961
by State Sen. Frank Forsyth
for his civic activity and his
leadership.
A native of Clay County, he
was a son of Thomas C. and
Callie Caldwell Moore. He
came to Murphy In 1910 to
open a jewelry and watch
making shop.Eightyears later
he opened a Willys-Overland
dealership, and in 1922 he ac
quired the Dodge franchise.
He was an active member
of the First Methodist Church,
where services were held at
3:00 p.m. Tuesday.
Officiating ministers were
the Rev. Clark Benson, the
Rev, Alfred Smith, and the
Rev. Robert Potter. Burial
was In Sunset Cemetery.
Surviving are the widow,
Mrs. Fannie Johnson Moore;
two daughters, Mrs. Moselle
Puett of Murphy and Mrs.
Mar tine Man they of Paris,
Tenn.; two sons, Ray andCloe
of Murphy; 12 grandchildren;
four sisters, Mrs. Maymle
' Smith ofHayesville.Mrs.Dol
lle Lowe of Bessemer, Ala.,
Mrs. Katherlne Shelton of
Highland Park, Mich., and
Mrs. Eliza Gregory of Hl
w as see, Ga.; and five broth
ers, Harvey M. of Hayesvllle,
William T. of Andrews, J. B.
of Murphy. Paul Moore of
Young Harris, Ga., and Frank
Moore of Blairsville, Ga.
The family has requested
that donations in lieu of flow
ers be made to the Murphy
School Library. The body re
mained at I vie Funeral Home
until 30 minutes prior to the
service.
Pallbearers were James
Evans, Dr. William R. Got
ten, W. A. Singleton, Duke
Whitley, John T. GUI, and
Lofton Hatchett.
Bulldogs
To Play
Canton
CANTON-With the consum
mation at a contract with the
Murphy Bulldogs of the Smoky
Mountain Conference, Coach
Boy Allen has completed a full
10-game football schedule for
his Canton Black Bears for the
1963 season.
The addition of Murphy to
their schedule fills an open
da* that has existed on the
Canton card for the past two
seasons.
Although Murphy Is an AA
school, and Canton Is AAA,
Allen expressed himself as
being very happy with the new
alignment. He pointed out that
the Bulldogs have been very
colorful and successful In re
cent years, and their appear
ance in state playoff games In
Canton stadium have mads
them popular with local fans.
The Black Bears host the
Bulldogs on September 27.
Today,
Tonight,
Tomorrow
Date
L
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21
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7
28
66
i
26
49
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30
SO
10
22
52
11
37
51
12
26
37
Perc.
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< 0
trace
0
0^09
0.S1
Forecast: Thursday, brok
en to overcast cloudiness with
occasional snow flurries;
Friday, broken to scattered
cloudiness; Saturday and Sun
day, broken to overcast
cloudiness with light snow or
rain likely by Saturday night
or Sunday.
SECOND TRAINING PERIOD
SET FOR COMMITTEES
By Ronnie Atkinson, Ass't
Agricultural Extension Agent
The second training session
for the Sponsoring Commit
tees of Murphy, Bellvlew and
Ranger was held Tuesday night
Feb. 11. The next step now
for these sponsoring commit
tees is to select two leaders,
one man and one woman for
each club and then to organize
the Individual community
clubs.
The leaders will be trained
through four training sessions
to be held when these leaders
have been contacted and have
agreed to serve.
The sponsoring committee
will receive further help at
periodical training meetings.
Jackie McNabb Chosen
'Miss Student Teacher'
CULLOWHEE - Miss Jac
queline McNabb has been
chosen "Miss Student Tea
cher" at Western Carolina
College, where she Is a sen
ior majoring In business edu
cation.
Miss McNabb has been a
member of the Student Natio
nal Education Association for
three years, and has served
as both reporter and secretary
for that organization. She has
been an active member of the
Baptist StudentUnlon through
out her college career, and
currently serves as social
chairman.
During the spring quarter.
Miss McNabb will engage In
student teaching atEnkaHlgh
School, and will represent
WCC at the spring meeting
of the North Carolina Edu
cation Association In Ashe
vtlle.
A graduate of Hlwassee
Dam High School, she la the
Miss Jocqusllns McNskb
daughter of Mr. ana Mrs.
Truman McNabb of Murphy.
Senator Forsyth To Be
Bank Committee Chairman
Ri LEIGH - Senator W.
Franc Forsyth of Cherokee
Coun.y la a shoe-In for tha
chairmanship of (he Senate
Banking Committee.
Tha tsslgnment will make
him oat of the most powerful
sensors In the 1963 session.
His imrendtng appointment
not yet rede officially, was
confirmed by well-informed
sources Wffcesday.
Legislative con si dsr a don of
the upsurge n statewide bank
mergers and branch banking
will pass uodrn die committee
Forsyth will havi. The bank
log studies are among the
chief lams expatvd K> come
before this sessiv of the
General Assembly. ?
Forsyth Is a Murphy Bank
er and Is a chief Ueufcvnt of
i President T. Cla^yce
ooa of Rockingham. vv
This relationship also W
lured him of an Influential
position with the Senate Pub
lic Utilities Committee, where
expected legislation In the
Nantahala Power and Light Co.
rats dispute will eventually
Forsyth, In 1961, offered
legislation *> create a multlV
county power district to pur
chase Nantahala distribution
facilities which Duke Power
Co Is trying to purchase. The
sale ?> Duke has been ap
proved by the State Utilities
Commission but Is being ens
Hated la Alamance Superior
Court. Forsyth's bill In 1961
to establish the pr^wr district
was killed In coir.
Residents of flea WNC
have alrasdyt
they will Beet relief la the
TOMATO SCHOOL
SCHEDULED FOR PARKERS
Cherokee County farmers
will have available to t-e*n,
first in a series of tomato
production schools, Feb. 20.
The school is designed to pro
vide information on markets,
plent production, fertilization
and Investment.
Tomatoes offer an oppor
tunity for higher income to
fsrmera who have limited
acre ego. It Is s crop which
offers Ugh per sere returns.
Vegetable crops are good
Income producers md require
good growers who tally re all as
the work and effort involved.
The tomato school next
Wethwsdsy, 7j00 p.m.. in the
Murphy Power Board btdldtag
will provide
matlon an
Other tomato school* wfl] fas
scheduled 1
Luke Ellis, Age 64, Dies
Following Short Illness
ANDREWS - Luke Ellis, age
64, died in an Andrews hospital
Tuesday morning at 8:00 a.m.
following a brief Illness.
Mr. Ellis owned and operat
ed Andrews Cleaners from
1946 until 1959. He worked
with the Soil Conservation
Service for a number of years
prior ID opening his business
and again from 1959 until his
retirement on February 4.
A son of the late JoelT. and
Elizabeth Groves Ellis, he was
born in Clay County. The
family moved to Murphy and
he attended the Murphy
schools. He was an employee
of the Gulf Oil Co. in Murphy
until 1926 when he moved to
Andrews where he operated
the first Service Station for a
number of years.
He was a member of the
Andrews Presbyterian Church
and a charter member of the
Andrews Rotary Club, had
served as presidentof the club
and in many other capacities,
was a member of Andrews
Masonic Lodge #529, AF and
AM, a member of the Smoky
Mountain Shrine Club and
of the York Rite Masonic Bod
ies of Bryson City and Way
nesvllle and of Oasis Temple
AAUNMS.
He was an ardent sports
man, having organized a base
ball team In Andrews in 1926
and managed Andrews teams
for many years. He was also
active in promoting other
sports and in improving the
athletic facilities in And
rews.
Surviving are his wife,
Olive Tatham Ellis, one son,
>hn L. Ellis, and three grand
ill dren, all of Andrews; a
phew, Frank Ellis, and a
ece, Mrs. Mabel Massey.
ith of Murphy.
Funeral services will be
inducted Thursday at 3 p.m.
Andrews First Methodist
[lurch with the Rev. Edward
hltson officiating.
Masonic graveside rites
111 be conducted by the And
?ws Lodge.
Active pallbearers are W.
. Whitaker, Sam Hartman,
dgar Wood, Robert Heaton,
ee Nichols, Jr., Joe Sursav
je, Frank Ledford, and Gor
on Butler.
Honorary Pallbearers are
tembers of the Smoky Mount
In Shrine Club.
The body will remain at 1 vie
uneral Home in Andrews un
11 30 minutes prior to the
ervtce.
Wurpkf
Ciaitndar
THURSDAY, FEERUARY H
1:00 p.m. - Cancer Clinic at
Health Office.
J:lSp.m.-Cterub?dJu^or
Choirs at First Methodist
Church.
7:30 p.m. - Red Cross Meet
ing In Murphy Power Board
Friendship Night wlU beob
served at Murphy Chapter
No. 10 Order of Eastern
Star, Masonic Hall.
Rescue Squad to meet In
Powe Board Buildup.
FRIDAY, FEBRUARY 15
7:00 p.m. - Andrews -vs
Murphy. Andrews.
7:30 p.m. - H"rt
Dance at Rock Gym. Clark
Continentals will furnish the
Music. $U5 JgL.KTui
SATURDAY, FEBRUARY 16
7-00 p.m. - MYF Sweetheart
Banquet at Phillips Hotel
in Robbtnsvtlle.
SUNDAY, FEBRUARY 17
6:15 a.m. - Mass at Provi
dence Chapel.
11:00 a.m. - Holy Mass at
St. WUUam Catholic Church
Services at First Methodist
Church. . .
Services at Presbyterian
Church. ,
Services at Messiah Bpts
MCWDAY, FEBRUARY l?
3:30 p.m. - Agrlculniral work
ers Cornell meeting at the
Courthouse. .
6:30 pjn. - Rotary club et
Family Restaurant.
7:30 p.m. - St. Patrick Adult
Education Study Club at St.
Williams Catholic Church.
PTA meeting atRockSchool
RJCMV; reBRUARY19
10:00 a.m. - Circle Nd. * <*
First Methodist Church jo
meet with Mrs. Merle
1:30 Pim - Bell view H. D.
Cltw at hone ti Mrt. Cly*
6a0pjau"- Civltae at Family
7K?"^"Mur^y-v.-Rob
7.h? "saw i -