North Carolina Newspapers

County Commissioner Controversy Is Developing Into Major Issue By BUI Gray Managing Editor ' A Cherokee County courthouw political iaue that may well determine the future of many would-be local politicians has been to? d about for over a week between two legislative bodies and a U.S. District Court. The controversy ? which centers around a unique bill passed in 1965 that set the number and manner of election of the county commissioners has yet to be settled, even though all the legislators involved agree that something must be done. The bill that is being questioned by the legislators and tested before the district court was introduced to the N.C. General Assembly in 1965 by former Senator Frank Forsyth. Forsyth's bill set the number of commissioners at six, with two commissioners elected from each of the county's three districts. Before this time there were only three commissioners elected from the county, one coming from each district. Forsyth said that he increased the number of commissioners to be mote in line with the population. The bills now before the general assembly, both designed to change the 1965 bill, were introduced by Senator Herman H. (Bull) West of Cherokee County and Repiesentative Ernest B. Messer of Canton. Howard West, brother of the Senator and idris Adams, both prominent Republicans in Cherokee County, Hied a suit in the U.S. District Court challenging the . present commissioner structure that resulted from the 1966 election. In that election three Democrat and three Republican commissioners were elected from the three districts. The Republican candidates received a total of 6,850 and the Democrats 5,982 votes. Each newly elected commissioner then cast as many votes as was cast for the commissioner candidates in their district toward electing a chairman, who has the power of double vote in breaking ties. The unequal population in the districts resulted in the . Democrats casting a total of 15,584 votes and the Republicans having 10,080 toward the election of a chairman, which gave the Democrats a majority of votes in the county's ruling body. In the suit Hied by West and Adams in August of 1967, the two Republicans requested that the court rule the present board of commissioners "unlawfully and improperly constituted" and that a new election be held. They complained that under the present system, the election by districts was unconstitutional in that it violated the one-man, one-vote principle. District Court Judge Woodrow Jones had indicated in the past that he would rule the present system unconstitutional, and he repeated this after testimony was heard February 19. C. E. Hyde, attorney for the Republicans, said Tuesday that Judge Jones would make a ruling in the near future. Hyde also said that Jones was willing for the legislators to correct the situation in Cherokee County, but he (Jones) would draw up guidelines if the general Assembly failed to act. This opinion from Judge Jones - that he would rule the present structure unconstitutional - was probably one of the main reasons that two bills,, one from the Republicans and the other from the Democrats, were introduced to the General Assembly early -in the session. Senator West's bill, which "provides for a three-member board of commissioners to be nominated and elected county-wide for four-year terms" beginning with 1970, repeals three cited acts providing for election of commissioners by districts. Messer's bill provides for seven members to be elected from the districts, two from District I (Andrews), three from District II (Murphy) and two from District II (lower end of the county). Representative Messer became involved In the bill when he was approached by Cherokee County Democrats who had failed to get a positive response from Rep. Bill Bradley of Hayesville, who represents Cherokee County. W. T. Moore of Andrews, Chairman of the board of commissioners, said that he and other Democrats requested work to be done toward presenting a bill to change the present commissioner system. Moore said that he asked L.L. Mason, Jr., who is secretary of the Cherokee County Democratic Executive Committee, to draw a letter requesting the bill, and that he (Moore) read, approved and signed the letter. Mason said that there were a number of people involved in drawing up the seven-man board plan, and that it was not the work of one or two individuals. Other Democrats named by Messer who requested that he represent him were Chairman of the Cherokee County Board of Elections, Homer Davidson^and chairman of the Cherokee County Democratic Executive Committee, George Postell. Messer's bill went before a house committee on local government last Wednesday and received a surprising, and disappointing, reaction in that the opinions of the 20 legislators involved reacted on a purely partisan basis - the Democrats voted for Messer and the Republicans against. West responded to Mesaer's proposal by saying that it did nothing to improve the existing condition and that it was an attempt to "disenfranchise" the voters of Cherokee County. He added that it was the response of the voters in the county to the present system that helped elect him and Rep. Bradlev. ? Action on West's and Messer's bills were scheduled for Tuesday, but in a telephone conversation with the senator Tuesday evening he said that a motion made when he was not present carried the bill over to Thursday. He said that Messer's bill was also to be taken up Thursday. West said that he was surprised to And that his former opponent, former Senator Mary Faye Brumby of Murphy, had written a letter to all the "various members of the General Assembly" attacking his bill and him personally. "In her letter dated February 21," West said. "Mrs. Brumby wrote, and I quote, *1 think it (Messer's proposal) is a fair bill, it is absolutely the only way we can hope to have a voice in the board of commissioners. No doubt you are familiar with West's bill, which will ruin us if passed. The Republicans are determined to strip us of all offices in Cherokee County and the whole state, for that matter'.' He then stated, "this is one thing that I object to. Mrs. Brumby and Mr. Messer are trying to run Cherokee County, which neither one represents." West said that he felt Mrs. Brumby's attack on him personally was not warranted. He said Mrs. Brumby wrote that he had misrepresented and distorted the facts to win the election, and that "there is absolutely nothing he will not stoop to do in order to win an election or get a bill passed favorable to the Republicans." When I asked Mrs. Brumby what she meant by the statement that Wwt's bill "will ruin ut", die replied that doing away with the districts would not result in equal representatioa "If we didn't have election by districts", she said, "everyone would not know all who were running and there's always the chance that all of the commissioners would be from the same part of the county." Mrs. Brumby said that by 'us' she was referring to the Democrats. "I do hope that this will be settled soon," she continued, "All of this bitterness is bad for the county." West emphasized that his main concern was to the number of commissioners. "I strenously object to the number proposed, not so much the way they are elected." Whatever the reasons for the instigation of both bills. West had better be prepared for a Tight in the Senate where he is greatly outnumbered and regardless of the outcome, Cherokee County had better be prepared for a change. 12 The Cherokee Scout PAGES and Clay County Progress Volume 79 - Number 32- Murphy, North Carolina ? February 27, 1969 ? Second Class Postage Paid At Murphy, North Carolina 10< Per Copy Community Development Council Elects Officers For Coming Year The Cherokee County Community' Development Council met Tuesday night February 11 at the Murphy 'ower Board building. Frank Sudderth, president presided >ver the meeting. The nominating committee presented the following slate of officers for 1969 which were elected at the meeting; President, Frank Sudderth, Vice President, J. D.Decker; Secretary-Treasurer, Willard Hembree. The following clubs were represented at the meeting: Texana, Frank Sudderth, Mrs. Ella Jackson, Mrs. Sadie Kincaid, Mrs. Bessie Carter, Mr. Regional Library Announces Free Telephone Services The Nantahala Regional Library has been invited to IMrticipate in the new toll-free ielephone reference service offered by the State Library in Raleigh. This service has been helpful to library patrons iceking answers to questions which can not be answered locally. The Inward Wide Area Telephone Service (In-WATS) serves over 70 public library lystems across the State of North Carolina. A good example of In-WATS serving the State from Murphy to Maneto was demonstrated one day at the State Library when a call from Murphy was followed immediately by one from Manteo. For reference services, use your public library in the Nantahala Region (Cherokee, Graham, Clay Counties). If answers can not be found your question will be directed to the Nantahala Regional Library Headquarters, where a call will be placed on the In-WATS line. It should be noted that heraldry and genealogical research cannot be undertaken by the State Library Staff. The Nantahala Regional Library Bookmobile will be in the following sections of Cherokee County. March 3-6. March 3, - Hanging Dog, Boiling Springs, Fair's Store, White Church School, Owl Creek. March 4, -- Unaka School, Upperbeaverdam, Ogreeta, Grape Creek. March 5, Peach tree. Brasstown, Folk School, Peachtree School. March 6, - Culberson, Macedonia, Hot House, Ranger. If anyone is interested in Bookmobile Service, feel free to stop the bookmobile along these routes. For more information about the bookmobile, call Nantahala Regional Library, 837-2025. Nathaniel Carter; Marble ? Kermit Kilpatrick, Jack Palmer, and Roland Garrett; Tomotla - J. D. Decker, and Anna M. Deweese; Peachtree Mrs. Lillian M. Ollson and Willard Hembree; Other council members attending were: Mack Ray, Rural Renewal Program, Miss Jewell Garrett, Home Ec. Teacher, Murphy, Miss Lillie L. Stephens Home Ec Teacher, Hiawassee Dam, David Shields, Four Square Community Actions Inc., Donald W. Peterson, Forest Service, Wendell Hedden, Assistant Agricultural Extension Agent and Dr. Manfred Thullen. TWUA Is Sued For $5 Million The Kayser Roth Company in Dayton, Tennessee, has filed suit against the Textile Workers Union of America for $5 million. The suit was brought forth by the company because of disruption of operations due to violence when TWUA members conducted a strike. Future Formers Hold Banquet The Murphy High School Future Farmers of America hosted the N.C. FFA Executive Secretary, Mr. Charles Keels, at their banquet Saturday night. Over 37 people, FFA members, their families, and guests attended the annual affair. Officers and leaders present were, front row left to right, W. L. Roberts, Vocational Agriculture teacher at Murphy, Charles Keels, Russell McMillian, FFA Club president, and John Mason, FFA class secretary. Back row, Jerry Phillips, FFA club secretary, Gearold Stiles, FFA vice-president, and Stanley Barnett, reporter. (Scout photo by Bill Gray) Resident Seriously Injured In Accident Elmer Laney, 51 of Murphy, was seriously injured Friday afternoon at his job at the Townson Lumber Company when he was struck in the abdomen with a board. Laney's condition improved over the weekend, and he is now in good condition. Carringer said that Laney had worked with Townson Lumber Company for 35 years. John Carringer, manager of the company, said that no one knew for sure what happened since Laney had tried to back a 2x4 out of a planer and the machine kicked the board out Songwriter And Poet Expresses Sentiment Of The South Dy diu uray The days when juke boxes were the center of attention in every restaurant and drugstore, big bands were in demand in large cities and songs were popular for months instead of weeks have past, but John B. Moore, who was writing and playing songs at that time, talks of them as if it were only yesterday. Moore, a native and lifelong resident of Cherokee County, has written and published songs about the South and Western North Carolina since he took up music over 40 years ago. His songs have never been on top of the charts or won popularity contests, but they tell of an area in a way that has never before been put to music. A jeweler by profusion, Moor can be accurately described as someone who has lived a Ufe of music. He tells of learning to pity the violin at 16. and then switching to tlM "When It's Blossom Time In Old Caroline" was the first song that he wrote and published, and it is the one that has been the most popular. "I wrote that song when I was in South Georgia," he said, reminising back over the years. " I had been playing in a band in a fine hotel in Atlanta, and just after I bought me a new silver sax the band folded and I left Atlanta. That's when I took up writing my own songs." He was speaking of the late 1930's. "When It's Blossom Time. . was first introduced over WSB radio station in Atlanta, where his second song, "I'm Headin Back South" also early waa chosen popularity at one time or another as single records on Decca, Varsity and Southland labels. A due to his popularity in the pre World War II yean is shown by an article that appeared in Billboard, the world's largest and most wildely circulated music magazine, which was the bible of all music lovers at that time. The article - which dates March 6, 1943 - tells that "Mr. Moore, who publishes his own songs and poetry, has gained nation-wide attention by his songs and poetry." The article goes on to ny that his poems have been included in four national poetry and lyric anthologies. "Music is different now than It used to be," be continued, coming up to the it is all it, and the Tkt again on the radio." Moore talked for a long time about how music used to be, of how lyrics took on special meaning and stirred memories, and of a time that people under 40, like myself, can only understand by watching an old musical on the late show. "Since I am now retired," he went on, "I spend my summers taking my records around to different places in the Smokies. The tourists, they really like it." He explained that he left the jewelry business after 30 yean because of an ulcerated stomach. Moore has recently had his six songs recorded on a tp album titled "Variety Album, Songs Of The Great Smokies," which is on the Independent label. He has plans to distribute them to a limited number of radio stations and have them at lays in Murphy. Moore's songs are not country or folk songs. They Fabulous Magicians Play Jay cees Monday The F?buknis Magicians basketball team, one of the most exciting basketball teams of its type, will be in the Muiphy High School gym Monday night, March 3, to play the Murphy Jaycees. Leading the Magicians will be Gene "Sugarfoot" Johnson, claimed as the Mr. Comedy on the basketball court, Johnson, a six and a half foot native of Manchester, Mo., has spent seven years with the Magicians and is the captain and manager of the team. Other members of the highly precisioned and entertaining team are Ishmal "Flash" Baker, a 6'4" college basketball star that is proclaimed as one of the fastest players in the game today; Alphonso "So Funny" Scott a 6'6" giant that established all kinds of scoring records in his college years; Walter "Bird" Cummings, center, leading re bounder and scorer and former star at Tennessee State University William "Hop-Along" Hayes, a 6'4" high scoring guard that has one of the greatest jump shots in the game; James "Dribble" Murrell, a six footer who is fastly becoming one of the best ball handlers and play makers in basketball; and Sherman 'Tank" Yates, a 6'4", 215 pound guard that starred at Tennessee State University. The line-up for the Jaycee team is not quite as illustrious as that above, but the local stars should provide plenty of action and competition for the visiting comedians. Gametime for this hilarious event will be 8:00 p.m. and tickets may be purchased at the gate or from any member of the Jaycees. Admission is $1 for students and $1.50 for adults. Masons Set Meeting For March 6th 'The Scottfeh Rite Manas from Cherokee, Clay, Graham, and Swain CounUec will meet at O'Dell'i Cafe in Muiphy, N. C. at 7:00 p.m. Thunday, March 6 ai the guecti of Tlia Asheville Lodge or Perfection. Dinner will be ?rved at 7:00 Tickets will be on sate'tipm 10:00 a.m. until 2:00 p.m. in downtown Mutphy this coming Saturday. Textile Workers Union Defeated At Wilmington An Indian Head hosiery plant in Wilmington, N. C., that has been represented by the Textile Workers Union of America for the past two and a half years has been "decertified" in a National Labor Relations Board conducted election February 19. The action to de-unionize the company came when employees felt they were receiving no benefits from their membership with the TWUA. It was the employees, not the company, that brought action to have a vote and campaigned for the removal of the union from their plant. Scout Council To Hold Workshops A series of three Craft Workshops, sponsored by the Pisgah Girt Scout Council and A 'n L's Hobbicraft Inc., will be held in Cherokee County during the next three months. The public is invited to attend both morning and afternoon sessions. Registration fee for each Is $100 for demonstration, instruction, and coat of materials used.