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THE BUTLER HERALD. BUTIER GEORGIA, A TIME 2-. ' '•* >n -
PAGE SIX
Governor Rivers
Restores Miller
To Highway Post
Resolution on March 50 Make
Chief Engineer the Executiv
j Heavy Work Facing
| Next Session of
Georgia Legislature
Numerous Measures Already tasted
For Action by Regular Assembly
I Next Year.
Georgia Doctors Are
Holding Convention
At Savannah Now
Savannah, Gn., April 23.—Intensi
fied cancer control work in Georgia
held the .spotlight as .preliminary
meetings of the Medical Association
of Georgia began here today.
Officer of Department.
{Atlanta, April 19.—Yielding to
civil law, Gov. E. IV- Rivers Lriday
dissolved a military lockout against
evicted Highway C hairman \\. L-
Miller and restored him to office.
Complying with a unanimous de
cision of the state supreme court
which gave sweeping sanction to
Miller's right to the post, Rivers j
issued an executive order assigning :
the deposed official to the chairman's I
office.
Simultaneous with issuance of the
order, a lone national guardsman I
was removed from entrance upon j
orders from Rivers. .
The governor's action will not af
fect a United States circuit court j
hearing of an appeal from a con- !
tempt ruling against the governor j
but will leave him subject only to a j
fine should the contempt citation, a
reliable source said at Macon.
Judge B. S. Deaver, of the middle I
district federal court of Macon, held |
the chief exeeptive in contempt for I
failure to obey a federal court de- |
cree upholding Miller as highway .
board chairman. The hearing before 1
the court of appeals is scheduled in I
New Orleans Monday.
Miller, who will return Saturday t
to the office from which capitol I
guards twice dragged him last De
cember, received news of bis re
storation without comment.
Compromise with the supreme
court's decision meant J. L. Gillis is
no !onge.r a member of the board.
Gillis, who also is state democratic
chairman said he was “gracefully
yielding to the decision of the Su- j
premo court."
The high court ruled that when
Rivers shifted the terms of the j
three commissioners in an order
ousting Miller last Dec. 2, Gillis ac
cepted the term which legally be
longed to Miller, therefore he now
has no tenure.
The legal membership was estab
lished as Miller, chairman,- H. H.
Watson and L. L. Patten, named by
Rivers to succeed Miller at the lime
of the ousting.
Somewhat unexpected wag this |
episode in the Rivers-Miller feud en- 1
rendered by disagreement over high- j
way fts.-al policies and climaxed by
Miller's eviction upon the governors
charge that he used the post for po
litical advancement.
Observers were not sure restora
tion would dissipate the conflict, re
calling that Miller said in a recent
radio address he would complete his
term ending Feb. 1, 1943, if allowed
to be chairman again "free from dom
ination and political manipulation
from the governor's office,”
Otherwise, he intimated he would
run for governor on the issue of his
eviction and martial law lockout, ad
vancing a platform of anti-military
rule.
The highway controversy flared
into tile open when Rivers assumed
personal control of road financs by
executive order last April 1. Two
Pays before his eviction Millei
charged “dictatorship.”
The governor replied with the re
moval order charge that Miller had
abandoned his duties and was going
about the state making speeches to
build for himself a 194(1 guberna
torial campaign.
There was no indication at what
salary Miller would lie re-instated.
Before his expulsion, Rivers slashed
him from .$7,000 to $,400 a year. The
supreme court decision did not deal
with the salary, nor say who would
pay Mailer for the time he has been
DUt.
The high tribunal sustained de
cisions of Superior Judge W. R.
Smith affirming Miller as the legal
chairman of the board. It aiso su
stained an injunction against inter-
ferece with Miller and a mandamus
to force recognition of him as head
t>; the board.
Rivers appointed Miller to the
tiighway board at the beginning of
his first term more than three years
ago. The appointment was acclaimed
as start of a “business administra
tion” of the road board. It was th?
first major public office for Miller
whose previous interests had been
concentrated on his extensive South
Georgia mercantile and banking
business.
Soon after Rivers’ re-election in
1938 signs of misunderstanding were
manifest concerning use of some
highway funds to meet emergency
Atlanta—In the event there is no
extra session this year, Georgia's
1941 regular general assembly will
face a sizeable grist of work.
The 1939 regular session had not
so much legislation to tackle and
enacted only one major measure, the
hospital authority law projecting the |
$5,000,000 expansion program at the |
Milledgeville asylum. But there had
been a special intervening since the
1937 meeting.
A pile up of bills and the resultant
crush of unfinished work at the close
of several recent sessions prompted
some legislators to seek a new law
providing for annual meetings. They
once were held yearly.
When the next biennial assembly
is seated the second Monday in next
January, here are some of the mat
ters that doubtless will Ik? presented
for action:
1. Confirmation of more than 50
appointments made since the lust
session, many of them secondary po
sitions such as memberships on vari
ous examining hoards.
2. Various proposals for new forms
of taxation, doubtless including sales
gross income, soft drink and luxury
levies.
3. Proposals to change the dual
system of distributing the state's
revenue by specific allocation and by
payment from the general fund, to a
new system of all appropriations
from ageneral fund. Under the pres
ent system, SO per cent of the state's
income is specifically allocated to
about 24 agencies, the other 40 per
cent appropriated from the general
fund to a dozen departments and di
visions.
3. Further prison reform meas
ures will be awarded, particularly
measures to clarify the status of
county and state responsibility for
convicts costs, subject of a current
feud between the state and Fulton
county over a transportation and
clothing fee charged by the state
board of penal corrections.
4. New highway board legislation
is expected to be proposed, possibly
designed to change, the number of
commissioners, length of term and
method of employment. Tate Wright
Athens attorney, suggested that the
assembly enact a law to prohibit any
road board chairman from running
for governor until four years after
expiration of his road post tenure.
■ i. Bills probably will be proposed
again to permit women to serve on
juries. Feminine organization in At
lanta are pushing this item.
6. New legislation will be sought
fc- establish a retirement system for
the state's 22,000 public school teach
ers.
7. The counties will reiterate thru
j bill introduction their demand for
revenue to offset losses due to opera
tion of the two year old homestead
and personality tax exemption laws.
8. No less than 500 bills of local
application will be introduced, many
of these proposing addition of coun-
t> roads to the state highway sys
tem.
BENTON TRAWICK’S DEATH
IN AUTO IS INVESTIGATED
Macon, April 23.—A Peach county
coroner's jury is investigating the
death of B. T. Trawiek, 40, Macon,
district sales manager for a national
business machine firm.
| Mr. Trawiek mas found in his car
; after the machine had rolled down
I an embankment into a ditch on the
I*t. Valley highway about a quarter
of a mile from the intersection of
the Houston Road,investigators said.
Coroner Jim Harris of Ft. Valley
summoned a jury and started an in
quest. After viewing the body and
the scene the coroner ordered a re
cess and indicated the inquest will
Ik? resumed later in Ft. Valley or
Macon.
Police Chief G. W. Cochran, Ft.
Valley, who visited the scene, said
apparently Mr. Trawiek was driving
toward Macon alone shortly before
noon Tuesday when death occurred.
payments for operation of the state's
common schools. Miller's contention
tlie road board should retain its funds
led to the executive decree taking
over virtual control of the depart
ment's finances.
On Dec. 2, 1939, the governor or
dered Miller dismissed cnarging the
chairman was using his position to
promote himself for governor , , .
Dr. J. L. Campbell, head of the
- Cancer Commission of Georgia, told
the house of delegates that the work
j was reaching "every stratum of so
ciety."
j The delegates also heard reports
on syphilis, tuberculosis, 'typhus and
other diseases. Dr. Wm. H. Myers,
president of the association, recom
mended ways to improve the various
programs.
The meeting here is the 91st con
vention of the association and has
for its purpose the avowed intention
of working out a policy of medical
care for the indigent and low-income
groups.
Dr. Campbell praised the educa
tional campaign waged by the wom
en’s field army for the American So
ciety for the Control of Cancer.
“The issue pathology laboratory
is giving good service,” Dr. Camp
bell said, "and many tissues suspect
ed to being malignant are sent to
the laboratory for historical study”
| Previously these tissues were de-
st royed.
State-aid clinics gave treatment to
787 individuals l>etween July 1, 1939
and .Ifin l, 1910, Dr. Campbell said.
He said that prior to that—between
Dec. 1, 1938 and June 30, 1989—an
average of 150 patients a month
were treated, but “many died be
cause of the exhaustion of state
funds.”
4 LEAP TO SAFETY AS TRAIN
CRASHES INTO STALLED Al TO
Atlanta, April 23.—Four persons
had a narrow escape from death
Sunday when a Central of Georgia
south-bound passenger train demol
ished an automobile at a railroad
crossing in’Hapeville.
The occupants of the car leaped to ]
safety an instant before it was bat- 1
tf red to a mass of wreckage by the
locomotive. The four were: W. E.
Smith, driver; Hobby Tracey, Mar-
celle Wood and Vivian Sunderburg.
They said the automobile's motor
stalled.
The train stopped for a few min
utes and then proceeded on its way.
The locomotive was slightly dam
aged.
PLENTY OF FRUIT
SEEN BY POLLARD
Macon, April 19.—More peaches
will be shipped from Middle and
South Georgia this season than last.
H. D. Pollard, receiver for the Cen
tral of Georgia Railway Co., predict
ed Friday.
Indications point to a fair crop,
he said despite the recent freeze.
"Peach prospects for the railroad
are unusually encouraging,” he
said.
He added that the railroad con
tinues to suffer reduction in ship
ment of citrus and vegetables out of
Florida as a result of January's un
usual weather.
Just now the railroad is busy, he
reported, transporting men and sup
plies to Ft. Henning, where 45,000
soldiers have been concentrated for
practice maneuvers.
The railroad has been mobilized in
the maneuvers to learn what part it
would play in a national emergency.
Mr. Pollard was at Ft. Henning on a
tour of inspection Wednesday.
CHRISTIAN SCIENCE
LESSON-SERMON
“Probation after Death” is the
subject of the Lesson Serrmon which
will be read Sunday in Churches of
Christ, Scientists, throughout the
world.
Among the citations which com
prise the Lesson-Sermon tiler will be
the following from the Bible: “He
that hath an ear, let him hear what
te Spirit saith unto the churches;
He that overcometh shall not be hurt
of te second death” (Rev. 2:11).
The Lesson-Sermon will also in-
?lude the following correlative se
lection from the Christian Science
iextbook, “Scienceand Health with
Key to the Scriptures” by Ma>-y Ba
ker Eddy: “Error briars its own
self-destruction both hers and here
after, for mortal mind en ates its
own physical conditions. Death will
occur on the next plan? of I<r,timce
a? o this, until the spiritual under
standing of Life is reached. Then,
ind not until then, will it 1, 0 demon
strated that the second death math
at power” (p. 77.)
New Litigation
Is Now Facing
Highway Board
Taxpayers Challenge Patten s
Right to Board Seat Under Law
Georgians Killed
In Plane Crash
Near Athens Mon.
Major Wiggs, of Atlanta, and
Private Clinksdale. Thomasville
eminent service about 12 ^
The C. A. A. said he J*
tary leave at the time
dent. He was flying an J
with Private Clinkscalc as !
ger, in connection with the t* 1
militar duty *'
He was a member of th,.
Cluib in Atlanta. He and
Kiioved to Atlanta about th
ago from NttHhvillo. Thev ?
children.
HOLDING
SULKY t
head, dm
former in M
jumps to I
galloping M
the pink-li
t-.easona
AS OUR NAVY
guards our shores,
ciliccrs children at
Annapolis don pil
low gloves to learn
the manly art of
self-defense — and
the feminine art of
comforter.
'HOLLY wood
clothes now ®1
Alice blue
Phyllis Brooks »l
piece Alio*
MISS AVERAGE MOTORIST is impressed with this
UNDER HUGE GUNS ol British baMMl' 1 !’-
Churchill, First Lord ol Admiralty, issues
challenge to the German Fleet to ' i"J w '
Of Georgia.
Atlanta, April 22. — Georgia'*
strife-torn highway department, to
which Chairman W. I.. Miller was re
stored by supreme court order Fri
day headed for new litigation Mon
day—this time a taxpayer's suit
challenging appointment of a board
member. >
The taxpayer, Valdosta Merchant
H. J. Hicks, brought action in La
nier county superior court Saturday
citing requirement that appointees
he from different parts of the state
and questioning whether L. L. Pat
ten, fellow townsman of Miller and
Gov. Rivers, legally may serve.
Patten was named to the board on
Dec. 2, 1989, after Gov. Rivers oust
ed Miller. When the high court sus
tained the latter's claim to office, it
held J. L. Gillis of Soperton, previous
board member, had forfeited his po
sition by resigning to accept a dif
ferent term, thus leaving the new
board composed of Miller, Patten
and Herman Watson.
Guy Connell, Valdosta attorney,
who filed the quo warranto action
with Superior Judge W. R. Smith,
said his client contended Patten was
named later than Miller, and there
fore was ineligible.
Patten said he had been notified
of the suit, but had not been served
with copies of the action, Judge
Smith set May 18 for a hearing.
Lanier county is the home county
of Patten.
Meanwhile Assistant Attorney Gen
eral Herschel Smith headed for New
Orleans to ask the United States
Circuit Court of Appeals to purge
Gov. Rivers of a contempt-of-court
cnviction. The latter incurred dis
pleasure of U. S. District Judge
Bascom Deaver at Macon when he
failed to heed a federal court in
junction against interference with
Miller.
Attorney General Ellis Arnall
said Smith would argue for reversal
of the conviction because 1!. Judge
Deaver allegedly lacked jurisdiction
and; 2, Miller sincehas been rAdored
to office in compliance with ^fudgr-
Deaver's original order.
Only Occupants.
Athens, April 22—Two fliers were
killed when their plane crashed and
burned near the municipal airport
Monday.
They were identified as Maj. G. A.
Wiggs, of Atlanta, army reserve flier
with the Civil Aeronautics Authority
and Private H. B. Clingscale of
Thomasville.
Army officers in Atlanta said Maj.
Wiggs was on a routine trip from
Atlanta to Macon by way of Athens.
The crash occurred- as the ship came
toward the Athens field for the land
ing there.
Maj. Wiggs was aeronautic in
spector for the Civil Aeronautic Au
thority- and had been in similar gov-
1,1 a n e|
details of the crush
determine the cause of the
The plane crashed into a"!
area and was almost deigoj
fore airport attendants c ou n
it.
M. N. Tutwiler, director (
University of -Georgia C. A 1
ing school, noted the amp-
on the ship before they bun,
checked on the identity 0 f ^
pants, at first feared to be un
student fliers.
The plane was approach
field evidently intending t)
when it swooped downward
airpocket, cutting the top s ;
number of trees. The heat
intense ambulance drivers sti
until it subsided before the
reach the flyers.
A mimiwntManufactumlYdl
t
foi
I feel that your group is to be commended
for Its attitude and determination to put down
the lawlessness that exists at some of the beer
places in our state.
I was very much impressed with what you did
at Griffin, what you did at Augusta, and what
you have accomplished in Bibb County.
It is not now a question of whether we are
prohibitionists or anti-prohibitionists—beer
has teen legalized. But the need for self-
regulation is apparent, and your Committee
seems to have what it takes.
The people are approving the a Real Clean Up,” the Crisp Ce
movement to eliminate law-vio- ty News declares editorially
lating retail beer outlets in Legitimate beer retailers appr
Georgia—the above letter is only —they are law-abiding they
one outstanding citizen’s expres- spect public sentiment. T|
sion .. .The press approves—“It’s cooperation is highly valued.
Lew-violating outlets know we mean business - eight licenses have been revoked b|
the authorities, who welcome this new shoulder to the wheel. R IS "A Neal Cleon Up"
BREWERS*BEER DISTRIBUTERS
iMfo
JUDGE JOHN S. WOOD/ State Director
S29 Hurt Building * Atlanta, Georgi