TII2 TT.QV"A2'3 ESRTFORD, N. C, FRIDAY. JUNE 18, 1954.
PAGe. ttSsr
C12 Lav
BY FERD i. DAVIS
(For the N. C Bar Association)
Administrative Law : '
Ijutt week an attemnt was made in
thia column to impress upon the read
er the enormous influence exerted
upon his everyday life by administra
tive agencies and their decisions which
have the force and effect of law. ''
It waa stated that one of the great
est services, an attorney, can render
his client is in the field of adminis
trative law. ffthis -week specific in
stances of such legal assistance are
presented. ' ' -.
fWnnnnta at ' a" residential section
wre ' nlatmed bv ) malaria -carryinsr
mosquitoes. Investigation showed the
mosquitoes were breeding in a nearny
bottom area owned by non-resident,
wTinm address was unknown. The
sufferers consulted an attorney, who
brought the situation to the atten
tion nt h health off icer and the mu
nicipal authorities, ' and pointed out
the applicable statutes. ine oowom
was drained, and no further cases of
malaria have been reported in that
' area. , ; . " .
A. young business man ordered to
report for Induction into the army de
sired a few days extension in order
to clear up his business affairs., The
draft board,' while sympathetic, held
that it could do nothing since its rul
ing had already been made. The
young man consulted his. attorney,
who, although barred by selective ser
vice regulations from appearing for
his client before the draft board, was
able to point out to bis client that the
board had given him only an 8-day no
tice to report instead of the 10-day
notice required. , When the matter was
brought to the 'attention of the draft
board, it held a re-hearing, and grant
ed additional time to the selectee.
Now in service, he estimates he saved
several hundred dollars by having his
nlea reconsidered.
' Case of the Miller
A miller wished to move his opera
tions from a water-driven mill to a
location' in town. The town property
was not xoned for industry, but the
miller's attorney was able to present
evidence which convinced the zoning
board that the property should be re-1
xoned. In . addition, the attorney
brought to the miller's attention the
regulations of the Department of Ag
riculture applicable to power-driven
mills, (but not to water-driven mills)
in advance of his operations change,
istrative , agencies, These , appeals
saving him money and red tape trou
ble. V-U-; :. .,--,.
- A small town wished to hold an
agricultural fair. .Its backers thought
all that was necessary would be to set
up prizes and engage a carnival, but
this was not the case. It was neces
sary to prepare proper reports to. the
Commissioner of Agriculture and oth
er similar papers, to comply with the
law. After this. was done, the fair
operated successfully from the first
year, without any of the red-tape
troubles and anxieties usually attend
ant upon such projects.
But not all problems are so hap
pily resolved. Statutory law provides,
in many cases, for appeals to courts
of law from decisions made by admin
must, however, be made within a spe
cified period, and all too often the
individual consults his lawyer too late.
For example, if a taxpayer wishes
to take exception to a franchise tax
assessed against him, he must file a
written application for a hearing be
fore the Commissioner of Revenue
within SO days after date of notice
of such assessment
In one such case, a taxpayer wished
to appeal from the assessment figure
shown on his notice. He consulted an
attorney five days too late for .the
lawyer to request the hearing.
, About Driver's Licenses
The, time for appeal may vary. In
the case of a "discretionary" revoca
tion of a driver's license, the hearing
before authorized representatives of
the Department of Motor Vehicles is
supposed to be within 20 days after
the suspension of a license is appeal-
ed. The decision of the Department tits hearings, seldom swearing, wit
may be appealed to the Superior Court nesses and giving " consideration to
--within 30 days of the final decision 'written documents not made In affi-
of the Department Idavit form.
In many cases, probably a favorable! T6 private citizen, then, is wise to
decision could be obtained without the!0118111 one schooled in adminis-
necessity of appeal. The attorney feiwarave law m ine same, manner ne
familiar with procedures of the vari-jwouW teke hwsuit problems to an
ous administrative groups these pro-.,clJ
ceaures vary widely.
The Utilities Commission, for in
stance, holds its hearings along very
much the same lines as the Superior
Court, while the Board of Conser
vation and Development is informal in
Favorable Cotton
Year Is Predicted
"This year looks like a favorable
one for cotton farmers, insofar as the
08 Off uwgobp i
GUNPOWDER IS A VARIETY OF TEA
OH.DEtfll TM
ALWAYS AFRAID
rru. EXPLODE.
ZANK GREY'S STORY
''U OF THE WEST
Published for the first time, one of
Zane Grey's great stories, found
among the manuscripts he1 left be
hind when he died, provides readers
with a' heart-warming story of the
West Don't miss "The Secret of
Quaking Asp Cabin," beginning June
27 in - v-v,..;
' THE AMERICAN WEEKLY
Magazine in Colorgravure with the :
' ' BALTIMORE
SUNDAY AMERICAN
OH, DEAR'. tMW SHOULD WE hTT
f ALWAYS AFRAID W PUAYfXFE y
I mi. EXPLODE. AMD STICK TO
r ,r,. s.f VJeiNfy T
boll weevil is concerned, but don't as
sume that the winter's low tempera
tures killed all the weevils," says
George Jones, in charge of Extension
entomology at State College.
jones says "growers wno have a
weevil problem each year should not
be caught without some materials on
hand and their equipment ready in
June. The important thing is to check
your fields carefully beginning in
early June when squaring begins. If
you find 10 adult weevils for each
100 plants, begin treatments."
. Join
TWIFORD'S
Mutual Burial
ASSOCIATION
, ..... stJ
1
aiMsiinae)
. Don't blow your top' at high food prices! Do
the wise, thing, rent a Frozen Food Locker.
That way, you can buy food wholesale, store it
in your Locker until you need it . . . you save
money, time and effort. . See about it NOW!
SEE US FOR CUSTOM SLA UGHTERING
WHOLESALE AND RETAIL MEATS
WE ARE OPEN WEDNESDAY AFTERNOONS .. .
CLOSE AT ltai SATURDAY AFTERNOON.
titer -ggn USkTIlJSiiC
TAYtOHTHEATRE
EDENTON. N. C
W.tk Day Shows Contirwm
prom ao
Saturday Continuous From 1:30
Sunday 2:15, 4:15 and 8:45
Thursday and Friday,
June 17-18
William Holden and -June
Allyson in
"EXECUTIVE SUITE"'
Saturday, June 19
Robert Ryan in
"ALASKA SEAS'
Sunday and Monday,
June 20-21 "
All Star Cast in '
"NEW FACES" .
CinemaScope and . '
' Stereophonic Sound
NO ADVANCE IN PRICES
Tuesday and Wednesday,
June 22-23 '
Double Feature
" Robert Mitchum in .
"SECOND CHANCE"
also
Jack Palance in
"MAN IN THE ATTIC"
' Order From Your '
Local Newsdealer
'31VI :h3msnv
North Carolina
Beats Connecticut!
Then era 15 life insurance companies with home
offices located in North Carolina, representing nearly
U billion of insurance In fort at of December 31,
11953. Hartford, Connecticut is generally called thv
insurance eaoHal of the cAuntrv. hut tiiliw
era only 5 companies with home offices m that stale.
The orestiae and amBlovment ihe'i iniumivs
ponies fihf North Carolina contributes greatly in
malcino th Tarheel State a better placo in which to
work, play and livt.
Another contribution to more pleasant living for
North Carolinians it tit brewing industry's self.1
regulation program where brewers, wholesalers and
retailers in counties where malt beverages or per
mittftd under Stat control -cooperate to maintain
whoksom conditions for the legal sal of beer
end a!.
-VorfA Carolina Division
UNITED STATES BREWERS FOUNDATION, iNc!
fcDENTON, N. C
Friday and Saturday, :
June 18-19 "
Esther Williams in
"SKIRTS AHOY".
ISU7AY ETJE-CI
THEATRE
, EDEliTON, N. C '
Admission 48e Per Person
Children Vntt 12 Free '
Friday and Saturday, , -
June 18-19- ' ' " "
Joel McCrea in- '
THE LONE HAND" ;
Sunday, June 29 '
' 1 Arlene Dahl In
"THE DIAMOND QUEEN"
-'i i . ' ri n ' . . ' "in L
Mondav and-Tuesday,' ,
June 21-23 4 LiV-iJt
Ai'e Marphy in '
WednerJry t'i .an y.
June 3- J
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Hertford, N.C
Phone 3541