March 18, 1957 - 11:00 AM - County Board of Commissioners Meeting Minutes (Special)

March 18, 19571 3Fit width101Meeting of Board of Commissioners for the County of JohnstonMarch 18, 1957The Board of County Commissioners sitting as a Board of Equalization andReview and acting in their capacity as the ggoverning body of Johnston County metin the County Commissioners Room on March ld, 1957, at 1100 A M, with thefollowing members present;R P Holding, Chairman, J D Bailey, H M Jo_inson, R G Gurley, andFloyd C Price, SrAbsent; NoneBOARD OF COUNTY COMMISSILiNERSThe following business was transacted;1 A committee composed of the mayor and a representative from each of the townsof Smithfield, Selma, Clayton, Kenly and Benson where Municipal Recorders Courtsare located requested the approval of the Board to the following proposal read andsubmitted by Harry E Canaday, Attorney, of BensonThe undersigned Committee, having been appointed pursuant to a general meetingheld on March 11, 1957 in the Town of Selma, to consider the question of the modi-fication of the existing municipal recorders court system in Johnston County here-with makes the following proposals and recommendations relative to the recorderscourt system of Johnston County1 That the territorial jurisdiction of the existing municipal recorderscourts in Johnston County be extended to include one or more contiguous townshipsin the County so as to compose a court district with provision for other courtdistricts when the towns concerned shall meet the statutory requirements as topopulation2 That the judge in each court district be nominated by the qualified votersin each court district for a period of two years in the regular county primaryelection, and that the judge be elected by the voters of the county at large in theregular county general election That the solicitor and clerk of said courts beappointed by the governing body of the town in which the court exists for a periodof two years as is now provided by statute3 That, in addition to the fines, forfeitures, and other items of courtcosts which are now paid to the county by the existing municipal recorders courts,it is proposed that of the net funds collected in the district courts be paidinto the general fund of the county to the end that the people residing outside themunicipality, but within the particular court district, may share in these funds4 That every defqndant be assured the right of a trial by jury in thedistrict courts with the customary right to appeal therefrom to the Superior Courtof Johnston County5 That a general court of county wide jurisdiction be established to sit atthe courthouse of the county to hear domestic relations matters, actions for divorce,juvenile matters, and civil causes in general6 That legislation be introduced at this esssion of the General Assembly togive effect to the proposed changes in the existing recorders court systemMarch 18, 1957Mr Canaday to substantiate the above proposal from a financial standpointgave the total fees paid Statean9County by the Municipal Recorders Courts, whichis as follows;Rent Courtroom 1,00000School Fund 98,13960Arrest Fees 15,34500Jail 1,99415Confiscation Fees 38605State tax 22,44600Law Library 6,5 50TOTAL PAID INTO COUNTY 116,66480To arrive at the amount paid into into the General Fund of the County substract98,13960 from 116,86480, making a net amount paid into the General Fund ofx;18,72520Each of the Mayors from the five towns, namely C M Blackman, Joe Earl Creech,E Y Wilkerson, Ben Baker and John W Mayo expressed substantially the same opinionin that the present 5 miles jurisdiction was questionable and that the people in the5 miles area did not have the privilege of voting for the Judge of the Court, express-ing the belief that the proposal submitted by the Committee would be more satis-factoryMarch 18, 1957 Con1dW H Britt, Auditor, gave the following figures taken from the budget,which are as followsFees paid into the Clerk of the Superior Court, representing arrest fees,etc1952 4 20,31798195 19,18683195 19,691021955 20,64 2521956 15,46766Fines and forfeitures paid into the School Fund1952 67,258001953 57,28000195- 61,5431519555 68,853051956 63,87000E C Jones, Attorney from Selma, gave practically the same figures aspresented by Auditor, W H BrittL L Levinson, Attorney, who was present at the meeting questioned theconstitutionality of the proposed CourtsJ R Barefoot, Attorney, stated that he had consulted people in the ruralareas and they expressed a wish to vote for all of the officials of the courtH V Rose, Clerk of the Superior Court, stated that the city courts Ehouldbe extended jurisdiction and the present Johnston County Recorders Court abolish-ed or the municipal courts be confined to the corporate limits of the towns Healso stated that he did not think it wise to burden a domestic relations courtwith civil mattersRoy Coates, member of the General Assembly, stated that since the bill require-ed legislative enactment that a thorough study should be madeBlake Thomas, member of the General Assembly, expressed the desire for comp-lete plans as soon as possible in order for the bill to receive legislativeenactment, as time was of the essenceIt was the concensus of those present that the committee proceed to consultwith the Attorney General and derive a bill for the establishment of districtcourts and a general County Recorderrs Court for civil, domestic and juvenilecases2 Upon the recommendation of Rhetta Martin, Tax Attorney, the following motionwas adopted;on a motion made by H M Johnson, seconded by R G Gurley, it was movedthat a quit -claim deed be made to R A Strickland upon the payment of 25875,representing payment of taxes in full through 1956, conveying one lot Pine LevelTownship, foreclosed in the name of Robert Austin Strickland, F R # 6, page 13 In order to clarify the cost of the wiring of the livestock arena, which wasdiscussed by the Board on March 6, 19579 the following letter from J Noah Williamswas submitted by J L George, Attorney;`Johnston County Board of CommissionersSmithfield, North CarolinaGentlemenThis will confirm our oral agreement in that I will personally see and beresponsible for the furnishing of all wiring and material for lights that goesinto the wiring of the livestock arena erected on the lands leased by the Countyfrom the Pou- Parrish post of the American Legion and will see that it is installedat no cost to the CountyYours very truly,Johnston Livestock MutualBy J Noah Williams,PresidentI108March 18, 1957 ContBOARD OF EQUALIZATION AND REVIEWL T Ricks request for a reduction in taxes on hotel property in Selma wasdeferred pending investigation by members of the BoardThe request of Dr JH Fitzgerald for a reduction in value of 4 +6 acres and461 acres tracts in Smithfield Township was deferred pending investigation bymembers of the BoardThe request of L L Levinson, Attorney for the J W Sanders Estate, for anadjustment of taxes on property in Four Oaks was deferred pending an investigationby members of the BoardUpon the recommendation of W H Britt, Tax Supervisor, the following motionwas adoptedan a motion made by J D Bailey, seconded by H M Johnson, it was moved thatthe following petitioners be granted refunds, or and releases in acreage andvaluation, in order to adjust or equalize their propertyOneals TownshipLester Godwin be released of 103500 valuation on 54w acres for 1956Lester Godwin be released of 16b95, representing taxes on 010,500valuation on 5414 acres for the year 1956Lester Godwin be refunded 16275, representing taxes on 10,500valuation on 541 acres for the year 1955Selma TownshipC H Enterprises be released of 33,000, representing a reduction in valuationof 40 on machinery for the year 1957Tom Abdalla be released of 224 acres valued at 01,48 for year 1957Joseph Abdalla be released of 10 acres valued at 225 for year 1957J L Wall be released 9J acres valued at 37000 for the year 1957Pine Level TownshipSallie Capps be released 10 acres valued at 37000 for the year 1957Span G Peedin be released 15 acres valued at 53500 for the year 1957Smithfield TownshipPaul Byrd be released 86 acres valued at 21500 for the year 1957Beulah TownshipBlue Flame Gas Co be released 1 lot valued at 32500 for the year 1957Ingrams TownshipJ M Johnson be released 1 lot valued at 5000 for the year 1957There being no further business, the meeting recessed to meet March 22, 1957at 11 00 A M