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Correspondence between H. H. Thoms and Zebulon Weaver, March 1934

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  • AMERICAN BUSINESS CLUB BOARD OF GOVERNORS A. L. BANNISTER PLOTT BOYD DUCALION FLORANCE JOHN RICHARDS W. W. SHOPE CLYDE H. SMITH A CIVIC CLUB FOR YOUNG MEN ADDRESS ALL MAIL P. O. BOX 1701 OFFICERS JOHN M. CARROLL, PRESIDENT CHARLES CREIGHTON, 1ST V-PRE3. WILLIAM F. LEWIS, 2ND VlCE-PRES. J. F. SHEPHERD SEC'Y-TREAS. ASHEVILLE, N. C. "IN THE LAND OF THE SKY" Congressman Zebulon Weaver, #2 government, in the way of complete purchase of the remaining area, approximately 67,000 acres, on the North Carolina side of the Park. Suming up the payments to be made that are not in dispute we have: Suncrest Lumber Company balance, $300,000 with interest. A total of $1,407,190 with interest at 6% from date of agreement in former and date of judgments in latter. About these payments there is no dispute, it having been legally and mutually determined by both parties that these amounts would be paid. CoprjrigktedMaterial Western Carolina University WHAT, THEREFORE, STANDS IN THE WAY OF COMftLJgflffl&j PURCHASE? It is this. Courts having universally held, and Judge Cowper also holding, that in condemnation suits the State presumes title to itself as of date condemnation is instituted. At the trial of the Ravensford condemnation suit last October, Judge Cowper confined the evidence to value of the property on August 26th, 1929, date property was condemned and North Carolina enjoined the owner from use of same. The Ravensford attorneys attempted to put on evidence showing expenditures of the Company in maintaining and protecting the property from August 26th, 1929, the date of presumptive taking by the State. Judge Cowper held that this evidence was premature because the North Carolina Park Act allowed the North Carolina Park Commission two years after judgment was rendered in which to decide whether they elected to accept the judgment and take the property and only after they had indicated in writing they elected to accept the judgment and take the property would this evidence be in order. Judge Cowper inserted a clause in the judgment he signed to the above effect, i. e., that when the North Carolina Park Commission accepted in writing the judgments then the Ravensford Lumber Company should be heard on these expenditures for maintenance and protection of the property. THE NORTH CAROLINA PARK COMMISSION HAVE ACCEPTED IN WRITING THE JUDGMENTS, $1,107,190, AND THAT THEY WOULD TAKE THE PROPERTY. THEY REFUSE TO CONSIDER THE OUT OF POCKET EXPENDITURES OF THE RAVENS- FORD LUMBER COMPANY IN MAINTAINING AND PROTECTING THE PROPERTY FROM AUGUST 26th, 1929, WHEN THE STATE CONDEMNED, PRESUMED TITLE TO ITSELF AND ENJOINED THE OWNERS FROM USING THE PROPERTY. TO EXPEDITE PURCHASE AND COMPLETE TEE PARK THE RAVENSFORD LUMBER COMPANY HADE PUBLIC AN OFFER TO.ARBITRATE OR NEGOTIATE THIS MATTER. THE NORTH CAROLINA PARK COMMISSION REFUSED TO DO EITHER, WENT TO COURT WITB A MOTION IN EFFECT TEAT TEE COMPANY WAS ENTITLED TO NOTHING AND THEREFORE EVIDENCE SHOULD NOT BE BEARD. THE COURT RENDERED NO DECISION AND THE MOTION WAS WITHDRAWN. If this attitude is persisted in by state officials and results
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  • Zebulon Weaver (1872-1948) was a lawyer and U.S. Representative from western North Carolina. He was a member of the North Carolina Park Commission and was involved in the land acquisition process that went towards establishment of the Great Smoky Mountain National Park and development of the Blue Ridge Parkway.This correspondence between H. H. Thoms, Chairman of the American Business Club, and Zebulon Weaver-a set of two letters-deals with land acquisition for the Great Smoky Mountains National Park. H. H. Thoms to Zebulon Weaver, March 14, 1934 In this letter H. H. Thoms states the importance of the North Carolina Park Commission to settle the purchase of lands identified in the Ravensford and Suncrest lumber company cases. Failure to do this would, according to Thoms, not only result in lost business in this section but also the possibility of the park never being completed. Zebulon Weaver to H. H. Thoms, March 29, 1934 In this letter Weaver assures Thoms of his interest in completing the park and that the representatives of the North Carolina Park Commission were consulting with the Director of National Parks regarding taking over the said properties.