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MOLEY DIRECTS WAR ON KIDNAPERS
NR.A. Blue Eagle Wings Spread Over Athens As City Cooperates
Machine Guns Quiet Tense Situation In Pa. Coal Strike Area
SO HOPES Tl]l
OFECH WEDNESDAY:
4
ix Men Wounded; Mar.ny'
Burned by Tear Gas in
Clash Between S.trlkers
And Deputy Sheriffs
PINCHOT, UNION
LEADERS CONFER
. .
Workers Claim Shirt Fac
tory Is Trying to Offset|
Code Provisions |
: ‘
BROWNSVILLE, Pa.~—(#P)—With
hational guardsmen training ma-}
chine guns on two trouble zones‘
in the southwestern Pennsylvania
soft coal strike area, the situa-'
tion was quiet Wednesday. |
No disorders were reported, but
bt Star Junction, where six men
were wounded and many hurnedJ
by tear gas Tuesday in a clash
petween strikers and speeial dep-!
uty sheriffs, about 1,000 pickets
taunted company police, '
Before dawn, two machine gun<
companies set up ominous looking‘
weapons in strategic positions at
star Junction and Colonjal No. 3
mines of the H., C." Frick (‘,Okej
company.
It was at Colonial No. 3 that
Louls Podorsky, 28, a striker, was
killed in a brush between pickets
and deputies Tuesday. Several
others were injured.
Area Patrolled
Squads of state troopers in mo
tor cars also patrolled the area.
Two mines of the Bethlehem
Mines corporation at Ellsworth
and Bentleyville were closed by
strikes Wednesday. 'Three thous
and men and women passed
through Ellsworth = carrying flags
and banners
Industrial unrest scontinued in
the eastern and central sections of
Pennsylvania,
Forty-three pickets, most of
them girls, were arrested in Phil
adelphix Wednesday after a girl
vorker was attacked and her cloth
g torn in a demonstration against
émployes of the Clover Cravat
tompany
Thirty-five people were arrested
in Philadelphia Tuesday.
At Reading, where 10,000 hosi
fly workers are on strike, a girl's
ress was ripped off and Harold
H Stauat, 25-year-old son of an
fxecutive, was knocked unconsci
s during disorder outside the D
8. ana w. Hosiery .Mill.
More than 500 girls walked out
2t the Bob Shirt company plant at
Frackville, where the industrial
e has heen adopted. A workers’
:rr:[.:“m“‘”’” said the concern was
én}{m. to form a company union
t{“m”“'“‘l up work to offset the
Slorter hours and higher pay pro-
Vided under the code,
5 Two Developments
an‘(;‘“‘f.i"ny\s that both tHe state
, . tederal \governments are act
g speedily to bring order out of
the turbul : . .
oy l“-v'm-m mine «ituation are
».In two developments:
g 1 with union leaders who
Moo l”‘fm '1 plan to establish
00 e 8 Aslected farce of
ttate o cFB designated to coop-
IO;“ ,\\‘;-]) n:)ti()na': guardsmen and
|~-', \!.:!.(. in keeping peace.
nation., eral Hugh 8. Johnson,
Mohes" ~ [ecovery administrator,
> the strike will be settled
(Continued on Page Two)
Governor Declares Railroads Must
Either Cut Freight Rates or Quit
WAYCROSS, G 4, —@— Lower
freight rates, more money for
"ads ang bridges, and a cash
"'Plus that the legislature if it
thoogeg can divert to pay school
%achers angq Confederate veterans
| Were Promised by Governor Tal-
Madge ip two speeches in the to
baceg belt Tuesday.
“I want the railroads to get me
Fraght,” he bolf - slis here
or ‘the tobuud market opening
late T‘Uus(]:ly. “If they want to
ontinue to pperate they must cut
X‘(n..s-»
A short while before, at Douglas,
Ahlc fovernor had criticised rates
Which pe said remai at war
-1 hme ]“\""]S “,hue the x“ m
hag ‘Teached the low ebb of 30
| MU 2 day and Rassiabednosien
FULL Assuciated Press Service.
Fear of Surgeon’s
Knife Cost Movie
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NEW YORK—(AP)—The fear
that a surgeon’s knife may sever
her from the films forever was
voiced by Sylvia Siyney today as
she explained whny she ieft Holly
wood in the middle of a picture.
“] underwent one operation in
Hollywood for a throat ailment,”
she raid, speaking with difficulty.
‘if it doesn’t take I'li have to to have
another operation for the complete
removal of a gland, which will
leave a scar on the outside of my
face.
' “If that happens it will be im
-I])os.~'ihlv for me to go on in pic
'tures_ And I can’t go on with the
picture I was making until I find
out,”
On Monday Miss Sidney boarded
a plane and left Hollywocod, where
she was making a picture with
Maurice Chevalier, Paramount of
(Continued on Page Three)
Credit Available to All
Classes to Help Business
Is President’s Plea
WASHlNGTON,—(&)—President
Roosevelt wants new credit ‘“made
available to all classes of our citi
zens’ so business may be “re-estab
lished on a permanent, workable
basis.”
That was the chief eXecutive's
request as made public Tuesday
night in an address by Jesse H.
Jone, chairman of the reconstruc
tion corporation.
Jones remarked that “it will take
a great deal more <credit to carry
and handle 10 ceut cotton than 5§
cent cotton; $1 wheat than 40 cent
wheat: 60 cent corn than 15 cent
corn.” That credit, he said, must
be supplied by banks,
| To help them furnish it through
loans on “sound local values,” he
said the Reconstruction corpora
tion is prepared to -increase bank
capital by buyving “preferred stock
in sound banks state and national,
to any reasonable extent, based
upon good business judgement and
the use to which the institution
can put the capital” 3
{ Tha plan, President Roosevelt’s
letter to Jones added, will enable
ib:mk.\' “to extend this credit with
out fear of their own positions.”
so cheap they are not worth steal
ing.”
He charged what he called the
high level of utility rates in Geor
gia to the Public Service] com
mission which he recently removed
from office and said:
“Before I appointed the new
commission, I saw to it that the
new members were resolved to
bring these rates down, and if
they don’t do it I'll fire them and
get some ‘that will.”
He criticized as “ridiculous” a
freight rate situation under which
he said Georgia farmers could save
money by sending their watermel
ons to Florida and shipping them
THE BANNER-HERALD
l i
1
|
WAGE-RAISING PLAN
| =f)
| il
i .
Johnson Discloses New
' Program to Help Move
] Goods, Once NRA Has
. Proven Successful
{ R o
|
'AUGUST REFINANCING
i IS. OVERSUBSCRIBED
i .
' Treasury Will Have Larg
est Cash Balance in His
tory by August 15
| e i
l WASHINGTON —(AP)— Plans
lfor a nationwide purchasing drive
to supplement the government
|work spreading, wage-raising pro
]gr:nn were disclosed Wednesday
by Hugh S. Johnson, recovery ad
’ministratwn c¢hieftain, in open
[ hearings on codes of competition
Ifor the cotton garment and Kkin
‘é(lred industries.
i “We know that unless your goods
lare moved off your shelves you
[cannot keep up your part in this
| program,” he said incisively.
| “The time is approaching,’” he
Isuid, “and the signal will be mere
| 1y the certainty that this plan is
working, that people are back at
[work with a certainty this is no
flash in the pan.
“When that moment comes—
and I think it i almost here— 1
am going to supplemeént our pres
ent program by adding a request
to all consumers that they spend
for re-employment.
{ “The only reason we have delay
lml was that we didn’'t want to re
peat the mistakes of the past.
“It would be unfair t oask peo
ple to spent until it was safe for
them to do so.”
Johnson said the “buy-now”
movement some time ago was un
!mnml because it asked people to
{ spend reserves which they needed
to guard carefully. He also ecriti
cised the ‘“share the work” move~
ment.
} While the spreading of employ
“ment and increasing purchasing
| power are primary objectives of
‘me recovery program, Johnson
emphasized that another important
element is elimination of certain
practices ‘‘that bring degradation
to some industries and have
Ithrmtened others.”
i: He cited the elimination of «hild
ilalmr in the cotton industry as an
!‘example of reform that could be
accomplished by group action.
“You've got a lot of teeth you
need pulled,” Johnson said. “You
want to have them pulled and you
"lmvo to pull them yourselves.”
HYDE PARK, 'N. Y, — () —
President Roosevelt reported Wed
nesday that the treasury offerings
off bonds and cewtificates for thei
Augusta refinancing had b=en
In\'et‘ subscribed by six times and
that the net result was to put lhe‘
— e
I (Continued on Page Three) |
'Johnson to Head
Group to Control
New Cotton Code
l st A
i WASHINGTON, —{#)—Hugh S.
!Johnruq, recovery administrator,
will head the government’'s three
lman committee to cooperate with
jthe cotton extile indusry in en
forcemen and application of the
iw)tto code. .
With him on the committee will
!he Deputy Administrator Nelson
'Slater, specialist on textiles, and
Dr, Leo Wolman, chairman of the
llabor advisory board,
] The three will be members with
out vot sitting with the appointees
of he Coton Texile Institute and
allied associations in the industry
on the central steering committee,
which will be known as the cotton!
texile code auhority,
Under the code as promulgated
the authority is to cooperate with
the government as a planning and
fair practice agency for the entire
industry.
Announcement of the appoint
ment was accompaied by a state
ment that this constituted the first
“parnership of government indus
ry and Labor” actually at work
under a recovery act code.
Regulation of sales, accounting,
use of machinery, credit arrange
ment, hours and wages all come
withing the score of the textile au
thority. 4 a ’ SRS
Athens, GCa., Wednesday, , August 2, 1933
Beer Flows in Dry L Capit
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Well, sir, T'mory McLeod, 89, left, never reckoned he'd five to see
the day when they’d be selling beer in Westerville, 0., capital of the
Anti-Saloon League. But here he is with the evidence in his hand
as Charles Taylor, right, Westerville restaurant man, uncapped a
couple of cold ones after getting the first license to sell brew in
the fountain-head of prohibition in 60 years.
B
] v A 1
. .
lTradihonal Celebration Is
-
| Broken Up, Thirty Re
.
i ported Killed by Blast
ity
MANAGUA, NICARAGUA, —(&;
—Modified martial law was de
clared Wednesday after a series of
explosions in the Campo De Marte
!ar:-ena] caused considerable des
|truction and injjured four mem
bers of the naticnal guard. |
About 500 men were ordered to
Managua from I.eon and guards
were stationed at the arsenal“
Meanwhile the government ordered
an investigation to determine '
whether the explosion was ac-ci-|
dental or intentional. .
Early reports ~were that 30
Iguard. men had “een Kkilled ur;
wounded but a subsequent offioi:ni
statement said there had been no |
fatalities and the injured totaled
ion]y four,
Many of he 50,000 inhabitants |
were participating in a tradltionul!
fiesta at Santo Domingo Plaza |
when first deonation occurred at |
10 p. m, E, 8. T, lesser blasts con- |
tinued until after midnight, ;
Panic Stricken i
Crowds of merrymakers, nearly |
panic stricken, rushed through th«‘i
streets. It was believed the disas- |
ter was accidental in origin, but[
{the populace, not knowing what |
was happening, was thrown into a |
state of intense excitement. f
Hcuses were shaken. Spent cart-%
ridge sheels were scatered through |
the city. So strong was the blast'
that a large pistol was hurled
through the roof of a house a quar
ter of a mile away. . ‘
President Sacasa, who caw thé‘r
explosions from the palace, over- |
looking (the arsenal, immediately |
issued a statement saying: “A part!
of the Managua arsenal exploded.
The entire country is peaceful
There iz no cause for ularm,”
Immediately the national guzml‘
started policing the city and roads
leading here and directed that pre- |
cautions be taken to guard against!
a threatened fire, |
¢ SR |
- !
Public Works Group 1
Has Allotted Huge ;
.
‘ Sum on 3 Projects
| .
WASHINGTON — (AP) — The
public works administration has
allotted nearly $100,000,000 to car- |
ry forward three of the outstand
ing public works projectg in thr‘;
United States, the largest being |
§63,000,000 for the Grand (‘uulw‘i
dam project for power and irriga-]"
tion on the Columbia river, ap-|
proved last week by Fresident |
Roosevelt. !
For the Casper-Alcova reclama- |
tion project $22,700000 was allot- |
ted ard an immediate allotment of |
$11,500,000 was made for the nine- |
foot channel on the upper Missis-|
SRR e e L
i
| Four Members of Conser
. .
| wation Camp Killed Near
- .
Lewiston, Maine
LEWISTON, Me. — (#) — Four
youthful foresters of America’s
Iconservation army Wednesday were
listed ag victims of the state’s most
severe electrical storm of the sea
| son.
Eight other were recovering ina
hospital from the shock of a light
ining bolt which struck several
.tents’ in the Civilian Conservationr
Corps camp near here Tuesday
night:
The four fatally injured, were
Benjamin Schwartz, Monson, Mass,
lEdward Aikens, Springfield, Mass.,
| Louis Nasby, Lawrence, Mavs.. and
| Ferdinand Taffratta of Madison.
{They died three hours later in the
{ hospital.
| Flve persons in other sections
vwere stunne! oy burned by light
ning. ]
‘ The bolt which struck the for
iestry camp shocked and burned 13
imen in addition to the four fatally
|injured. A dozen members of the
| corps were found unconscious but
gsome revived quickly.
| e i s
—_——
| TODAY’S BEST
i HUMAN INTEREST
| STGRY
{
| CORPUS CHRISTI, Texas ,
! (AP)—Any port is better than
| no port at all, Jack A. Davis
| prebably was thinkng Wednes
| day, as he lay on a hospital bed
! here recovering from the ter- ’
| ror, hunger and thirst of a '
| sailing sloop voyage on the Gulf |
of Mexico. His companion, {
| William W. Bell, 20, jumped '
overboard last Sunday night
‘ A deputy sheriff hovered
' about the room, guarding De
| vis .
: Shortly after Davis rode
. the surf and beached the bat
tered boat near Corpus Chris
‘ ti Tuesday, thinking he was on
~ the coast of Mexico, authorities
~ were notified by Florida offi- |
~ cers that Davis was charged
with grand larceny at Panama
City, Fla., for theft of the ves
sel. 3
Davis, 33, of Kissimmee, Fla,, |
related that he and Bell left |
Panama City July 21, and set a '
course for Honduras, where }
(Continued On Page Two) !
it bl iniinnstiapapaigis :
. !
THREE INJURED (
MILLEDGEVILLE, Ga. —(AP)|
—-A man whose name was given
as D. B. Mitchell of Atlanta died'
in a hospital here Tuesday night
of injuries received in an automo
bile accident Sunday. A woman
and another man also were injur
oy v - ck 4
BLUE EAGLE SIGN
| ‘
| e
.
Postmaster Smith Has De
~ livered NRA Emblems to
- 213 Athens Concerns.
List to Be Published
| S L
GENERAL RAISE IN
|
~ SALARIES PROVIDED
’Slgners Obligate Them
selves to Readjust All
l Salaries Under NRA
I The Blue Ragle, emblem of na-~
iti(mal economic recovery, spread
its wings over Atheéns today as em
,ploym'. employe and customer pro
| ceeded to apply the provisions of &
!voluntm'y agreement designed to
‘mise salaries, increase employment
'and shorten wo!king hours.
| Postmaster Paul 1. Smith said
llodny that NRA emblems have
been issued to 213 business con
cerns, and already the familiar in
signia is being displayed promi
nently wherever trade is carried
on. A list of NRA members will
soon be available for publication at
the postoffice.
A schedule of operating hours
is being arranged by a group of
businesses including hardware
stores, variety stores, furniture
dry goods and ready -to - wear
stores. Suggested hours for those
stores have heen submitted to the
chambey of commerce, local agent
for NRA and a uniform schedule
for this group will be shortly
adopted, subject tc majority ap
proval.
Grocery and other food stores, as
well as druggists have already
‘adopted a uniform schedule of
!stom hours,
' General provisions of the volun
tary agreement, which went into
effect yesterday, and remains ef
fecetive until December 31, 1933, or
until group codes are adopted and
lapproved by NRA, were explained
;ar a mass meeting in the Univer
|sity of Georgia chapel last night.
| Joel A. Wier, secretary of the
(t-humhm‘ of commerce, said today
'that in the hurry to sign the agree
iment, and obtain the insignie
' which denotes cooperation with the
;;;nmt economic experiment, signers
i may have overlooked certain obli
{gatory provisions, one of wnlch iz
[m not only shorten hours and pro
vide a minimum wage, but to re
acjust all salaries. .
. General Increase
Secretary Wier said he does not
vnderstand the NRA program te
}mean that all salaries mus: be
raised 100 per cent, but the agrea
'ment specifically obligates the
‘signer to make a real readjust—}
ment of all salaries. A check-up
along this line will no doubt be‘
made by Jocal committees, under
orders of NRA at Washington, at
an eary date. Al
Another important provision of
the agreement is designed to pre
vent undue increase in the price ot
commodities or services., The agree
ment obligates the signer not teo
make increases of commodities
over the price of July 1, 1938
greater than is necessary to com
ply with the code, or by actual in
crease in costs of operation. Fur
thermore, the signer must, in fix
ing prices, give full weight to in
crease in sales volume. The NRA
will not approve of combinations
to force an increase in the price of
commodities, it is pointed out,
Another provision of the agrae
=mient as modified by a recent rul
ing by NRA Chief Johnson, will
rot permit managers, although
paid more than $35.00 per week, tc
remain on duty for more than the
hours permitted by the group in
(Continued on Page Three)
e e Sl
LOCAL WEATHER
e
Fair Wednesday night;
Thursday partly cloudy with
local thundershowers in the in
terior.
TEMPERATURE
BERGE . as aisieia
SR . o e i ntl il
B . . Jiiees TR
DO i e e
RAINFALL
Inches last 24 h0ur5....... -18]
Total since August 1....... .21
Deficiency since August 1..
Average August rainfall.... 4.6§
Total since Januay 1.......21.84
Deficiency since January 1 9.92|
A. B. C. Paper—Single Copies, 2c—s¢ Sunday,
| .
\
|
| R
' MEMBER
|
{
i
|
i
{ u.s.
|
| WE DO OUR PART
. —
} VIDALIA, Ga -—(AP) — There
i-i'a%‘- & run on the postoffice here
| by Negroes for NRA “Blue Eagle”
cars, pledging support to firms
which were complying with the
;Pn‘\.xlsvm':- blanket code.
| A short time later three of those
in the rush called on the farmer
| who was employing them to pull
fodder and informed him they had
{ “eards” and were entitled to an
eight-hour day and double pay.
i The farmer, without argument,
'pul the pullers on piece- work
which allowed them to work as
!long as they wished and make the
double pay—if they were gaod
enough fodder pullers,
! FIREMEN HELP
MIDVILLE, Ga.— (AP) — Mid
ville’s fire alarm sounded at 6 p.
m., Tuesday and folks rushed to
;lhe street to see the blaze.
| 'Then they learned that it was
a signal for the closing of stores
under the National 'Recovery Aect.
Merchants here adopted a code
|m open their establishments at 8
lu. m., and close at 6 p. m., the
firemen cooperated.
TO PROBE COMPLAINTS
CLEVELANI) —(AP) — A, F.
Whitney, president of the Brother
hood of Railway Trainmen an
nounced Wednesday he had called
2 meeting of the railway labor ex
ecutives association to discuss
among other things a nationai
code for railroad workers.
The meeting will be held here
Thursday .
Whitney said he had received
Im:m\’ complaints from railway
workers that railroads were not
“going along with the President's
program, particularly in the mat
ter of increasing employment.
l ‘On the contrary.” Whitney
’s.ml, “the railroads are reducing
| forces and taking other means to
lr:u[ expenses. This is contrary to
{the President’s program. |
E PCST “BLUE EAGLE”
- IATLANTA, GA.—(P)— Thnu.-;-‘
'unds cf Georgia employers were!
| authorized to post the “Blue J
Eagle” banner of cooperation in
‘the President’s national rm-ovm'y{
‘progmm Wednesday while cum-}
paigns to reach others got undm-i
way, 4
W, L. Fitchell district manager
of the Department of Commerce,
said a late count showed 4,743
pledges from employvers pl;umin;;!
to join the program to increase
wages and employment. The gross
total of workers affected was 34,‘
927 and Mitchell =aid une-m‘\'enth‘
of the 81,000 Georgia industries
affected was 34,927 affected by the
national recovery act so far had
signed up.
‘ SIGNS CODE ‘
' NEW YORK—(#)—The Standard
Oil company of New Jersey and
associated companies have signed
the blanket code of the National
Industrial Recovery Act, it was
announced here Wednesday.
Associated companies include the
Colonial Beacon Oil company, the
Standard Oil company of Pennsyl
vania, and the Standard Oil com
pany of Louisiana.
Judge Hears Quo Warranto Petition g
Of Captain Barnett Against Mangham
l ATLANTA, —{(M™— Judge J. R,
‘Hutcheson, of the Tallapoosa ecir
}cult. heard the quo warranto peti
tion of Captain J, V. TRarnett,
ioui:ted chairman of the stote High
way board, against his successor,
'}, J. Mangham here Wednesday
‘with the first question to be de
termined whether an issue of fact
.was set in the answer by mang
‘ham to the Barmett petition.
Counsel for ~hairman Mangham
opposed any attempt to Secure a
decision purely on the points of
law involved and insisted that
Judge Hutcheson grant a jury trial
'on the issue of fact. If such a trial
is ordered the case will go back to
Harralson county, the home of
Mangham, for trial within thirty
R eDt e
MOLEY REQUESTED |
| | 1y
BY ROOSEVELT T 8
) )
[
| IT
-~ PLAN CRIME FiG
‘ ¥ }
i St ey
» ’ -
{Duhes Lessened, Assistant
| Secretary of State to
% Make Immediate Study
- Of Racketeering :
| :
$200,000 RANSOM it
% PAID FOR URS
!Latest Kidnaping Report
' ed Says Brooklyn Man Is
l Held for $25,000
| By F. M. STEPHENSON
i HYDE PARK, N.' Y.—(#)—Pres
{ident Roosevelt Wednesday re
iques!ed Raymond Moley, ' assistant
| Secretary of State, to make a
| special study of kidnaping and
irackeuavring with the understand
‘ing that he retain his State de
| partment office and returm to it in
ithe winter,
l Mr. Roosevelt said he was ask
finy, Moley to undertake the special
lsurvey of methods of combatting
crime at the request of Attorney
I(;eneral Cummings who communi=
i(rated with him Wednesday by tel«
ephone. Moley is an authogity on
crime study.
Incidentally, the appointment of
Moley to this new assignment is
’timed with the return of Secretary
Hull from the London, Economis
conference where he and Moley
were understood to have had sharp
' differences.
. But, the President insists thera
lis nothing behind the Moley ap=
| pointment to the kidnaping survey.
'He emphasized Moley would re=
tain his office as assistang Secte<
’tary of State whild making tha
' survey and resume his State de=
'pariment duties upon completion
of the survey which is expected to
last for a couple of months,
Meanwhile, no specific plans
have been outlined by the admirs=
\mtration for fighting kidnaping and
racketeering, other than through'
‘cooperation by federal forces with
state officers. ‘
Mr. Roosevelt made known his
Moley appointment at his regulaf
interview Wednesday with news<
papermen in, which he discussed a
wide range of subjects.
KIDNAPING REPORTED Y #
By The Associated Press '
President Roosevelt, after cons
ferring with Prof. Raymond Moley,
expert on crime problems, was de
termined Wednesday to use the full
force wof the federal government
to stamp out kidnaping and racks
eteering. ;
The Tulsa World says it had
learned $200,000 ransom was paid
for the release of Charles F. Urs=
chel, Oklahoma City oil million=
aire kidnaped by machine gunners.
He wasg freed Tuesday.
Mlannery Strewl, who negotiated
tbe return of John J. O'Connell,
jr., kidnaped Albany youth, was
taken to New York city by police
who hoped he could help them pick
up the trail of the kidnap band.
Police learned that Nathan Bas
kowitz, a Brooklyn real estate man
and fight promoter, was kidnaped
Monday by gunmen who are de
manding $25,000. His brother Ar
tie s assoclated with Humbert
Fugazy, sports promoter. &
The International association of
Police Chiefs, meeting at Chicagoe
declared the crime situation ass
serious as war and called for the
“cooperation of all law-abiding ecit=
izens.” :
Pparnett, through his counsel,
’contended that the answer filed by
‘Mangham in the quo warranto pe= .
tition was insufficient in law te
‘constitute a leagl denial of the al=
legation, ; w*%
' In his answer to the petition,
!Mangham insisted that Barnett
“vacated” his office by, failing te
perform the functions delegated
him by law. Barnett claimed he
was forcibly and delegated to
him by law. Barnett claimed he =
was forcibly and illegally ow te &
by governor Talmadge, who des .
clared martial law in the ‘%
department and called out the
Georgia National Guard to take
physical pcssession of the depart
ment, He contended the governor