March 30, 1957 - 11:00 AM - County Board of Commissioners Meeting Minutes (Special)

Meeting of Board of Commissioners for the County of JohnstonMarch 30, 1957The Board of Commissioners of Johnston County reconvened in special sessionon March 30, 1957, at 11;00 A M, in the Commissioners Room, with the followingmembers presentR PHolding, Chairman, J D Bailey, H M Johnson, Floyd CPrice, Sr,and R G GurleyAbsent; NoneThe following business was transacted1 After a short discussion, it was deemed advisable to adopt the followingmotion;On a motion made by HM Johnson, seconded by Floyd C Price, Sr, it was movedthat the members of the General Assembly be requested to pass appropriate legisl-ation extending the time for making the quadrennial revaluation and reassessmentof real property in Johnston County2 Upon the advice of H V Rose, Clerk of the Superior Court, Mr Roy Coates,member of the General Assembly, was requested to exempt Johnston County fromprovision of the 3rd paragraph section 8, Chapter 887, House Bill No 158 1955Session Laws relating to fees paid examining physicians and provide that the feespaid examining physicians be fixed by the Board of County Commissioners3• After a discussion of the bills prepared by the Attorney General a for theextension of municipal Recorders Courts; b for enlarged jurisdiction of theCounty Recorders Courts as presented by H E Canaday, Attorney, representing thecommittee of themunicipal Recorders Courts, the following suggestions weremadea Define and clearly state the operating expenses of the courtb Realinement of townships in case another town or towns in the countyqualifies for a courtc Provide for courts to send Auditor of Johnston County annual reportat the end of fiscal yeard Clerk of the Superior Court to continue juvenile jurisdictionThe bills as amended read as followsA Bill to be entitled an act to amend certain sections of Article 24,Chapter 7, of the General Statutes relating to the Jurisdiction of theMunicipal Recorders COUr is of Johnston CountyThe General Assembly of North Carolina do enactSection 1 G S 7 -190 is hereby amended by adding at the end thereof thefollowing;a Effective the first Monday in December, 1958, the jurisdiction of theSmithfield Recorders Court shall extend to, include and be limited to the follow -ing townships in Johnston County Smithfield Township, Ingrams Township, andBentonville Townshipb Effective the first Monday in December, 1958, the jurisdiction of theSelma Municipal Recorders Court shall extend to, include and be limited to thefollowing townships in Johnston County Selma Township, Wilsons Hills Township,Boon Hill Township, and Pine Level Townshipc Effective the first Monday in December, 1958, the jurisdiction of theBenson Municipal Recorders Court shall extend to, include and be limited to thefollowing townships in Johnston County Banner Township, Meadow Township, ElevationTownship, and Pleasant Grove Townshipd Effective the first Monday in December, 1958, the jurisdiction of theClayton Municipal Recorders Court shall extend to, include and be limited to thefollowing townships in Johnston County Clayton Township, Wilders Township, andCleveland Townshipe Effective the first Monday in December, 1958, the jurisdiction of theKenly Municipal Recorders Court shall extend to, include and be limited to thefollowing townships in Johnston County Beulah Township, ONeals Township, andMicro TownshipMarch 30, 1957 ContSec 2 G S 7 -186 is hereby amended by adding at the end thereof thefollowing;In the Primary election for State and County officers, to be held in theyear 1958 and every two years thereafter, the qualified voters residing in theterritorial jurisdiction of each of the Municipal Recorders Courts in JohnstonCounty, as fixed by Section 1 of this Act, shall nominate candidates for Judgeof each of said Municipal Recorders Courts respectively from among the qualifiedvoters residing within the territorial jurisdiction of the court At the Generalelection, to be held in November, 1958, and every two years thereafter, thequalified voters of Johnston County at large shall elect from among said nomineesa judge for each of the Municipal Recorders Courts in Johnston County to servefor a term of two years The Judges of the Municipal Recorders Courts electedin 1958, as herein provided, shall assume the duties of their offices at theexpiration of the terms of the incumbent Judges in 1959, and shall serve untilthe first Monday in December, 1960 Thereafter, the terms of each of the Judgesof said Municipal Recorders Court shall begin on the first Monday in Decemberfollowing their election Except as otherwise herein provided, the provisionsof the primary laws shall applySec 3 G S7 -196 is hereby amended by adding at the end thereof thefollowing;On the first day of September, 1959, and on the first day of September ofeach ensuing year thereafter, the Clerk of each Municipal Recorders Court inJohnston County shall pay into the General Fund of the County of Johnston for•thepreceding fiscal year twenty -five per cent 25 of the net court costs collectedby said court during the preceding year and remaining after the payment of specific costs for specific purposes as provided by law and after the payment of thesalaries of the judge, the solicitor, the clerk, the bailiff, and after paymentfor necessary stationery and office supplies Such payment shall be accompaniedby a copy of a complete audit of the finances of said court for the precedingfiscal year made and prepared by a disinterested public accountant,Provided, further, that, effective the first day of January, 1959, eachMunicipal Recorders Court in Johnston County shall pay the County of Johnstonfor all prisoners who are lodged in the county jail pending a trial in said court,and such payment shall bemade at the rate of one dollar and twenty cents 120per day for each prisoner together with a payment of a turnkey charge of one dollarand fifty cents 150 for each prisoner; and it is further provided that saidpayments shall be paid on or before the 10th day of each month succeeding themonth when the charge accrues, commencing on or before thelOth day of February,1959, with respect to January, 1959, and such payments shall be made withoutregard to the subsequent conviction or acquittal of such prisonerSec 4- It is provided herewith that this Act shall not restrict nor in anymanner prejudice the rights of other municipalities within the county to establisha municipal recorders Court when such municipality shall have met the statutoryrequirements provided in such casesiSee 5 This Act shall apply only to Johnston CountySee 6 All laws and clauses of laws in conflict with this Act are herebyrepealedSec 7 This Act shall be in full force and effect from and after thisratificationA Bill to be entitled an Act Relating to the Johnston County Recorders CourtThe General Assembly of North Carolina do enact;Section 1 The Johnston County Recorders Court is hereby divested of allcriminal jurisdiction effective lst Monday in December 1958 and from and afterlst Monday in December 1958 shall have no jurisdiction over any criminal offensesexcepted as otherwise provided in this Act All criminal actions pending in saidcourt on lst Monday in December 1958 shall be transferred to the appropriateRecorders Court in Johnston County which has criminal jurisdiction over theparticular territory in which such criminal actions arose, except as to criminaljurisdiction otherwise conferred in this ActSec 2 The office of solicitor of the Johnston County Recorders Court ishereby abolished, effective 1st Monday in December, 1958Sec 3 In addition to such other civil jurisdiction as the Johnston CountyRecorders Court now has, said court, effective the lst Monday in December, 1958shall have the same civil and criminal jurisdiction as is provided in G S 7 -103,as amended, with respect to Domestic Relations Courts The judge of the juvenilecourt of Johnston County shall continue to have concurrent jurisdiction over allmatters within the jurisdiction in any particular case shall have jurisdiction overthat case, but the judge of the juvenile court may at any time, in his discretion,transfer to the Johnston County Recorders Court any juvenile court case over whichMl??iMarch 30,1957 Conthe has taken jurisdictionSec 4 Section 16 of Chapter 904 of the Session Laws of 1953 is herebyrepealed, effective immediately upon the ratification of this ActSec 5 All laws and clauses of laws in conflict with this Act are herebyrepealedSec 6 This Act shall be in full force and effect from and after itsratificationPresent at the meeting were Roy C Coates, R A Spence, VP I Godwin, W RBritt and H V RoseIt was clearly stated by R P Holding, Chairman, that it was not the intent-ion of the Board to undermine the position of any official of the county in connection with the bills, and he praised them highly for the services they had renderedto the county Each official stated his position in the matter and expressed theirconfidence in the integrity of the Board However, H V Rose, Clerk of theSuperior Court, stated that he did not think that a man untrained in sociologycould render adequate services in the domestic court and it was not in accord withhis thinking of an ideal domestic courtFollowing this series of discussions, the following motion was adoptedOn a motion made by J D Bailey, seconded by H M Johnson, the followingresolution was adoptedIt appears to this Board that the revision in the courts in this county asoutlined by the committee representing the municipal Recorders Courts appearslogical and worthy of due consideraticn by members of the Ueneral Assembly4- Upon the receipt of a letter from W B Wilkinson, Agent for several tobaccocompanies, requesting that their inventories be listed in accordance with G S105 - 294-1 and it being determined that the product held by these companies comewithin the provisions of this act, the following motion was adoptedion a motion made by R G Gurley, seconded by H M Johnson, it was moved thatW H Britt, Auditor and Tax Supervisor of Johnston County be instructed to listthe inventories of the tobacco companies for the year 1957 in accordance withSection 500 -1 of the 1955 Machinery Act GS 105 - 294 -1 Agricultural Products inStorage5 The following road petition requesting addition and maintenance to theJohnston County Road System was filedEdgar Allen Bryant Selma Township Selma N 0Beginning on Elizabeth Street and runs thence south across Oak Streetand Waddell Street to ;Vest Anderson Street, and being a distance of 3blocks, known as N Grove StreetThere being no further business, the meeting adjournedOiChairman