Newspaper Page Text
PAGE FOUR
NEWS OF THE WEEK
“ TOLD IN BRIEF
.. By DEVON FRANCIS
Associated Press Staff Writer
) BOOTED FEET
. Praying, women and children,
harassed by nightmares of anoth
¢r German invasion, crowded par
ish - churches in France’'s eastern
frontier provinces;: soldiers by the
thousands clumped ‘into Alsace
and Lorraine to man French forti
fications. :
Chédncellor Hitler's . reestablish
ment last Saturday of the “Watch
Am Rhine” ushered in a week of
turmoil in Europe.
Frdnce issued virtual ultimatums
whieh -tred on one anpther's heels.
Great Britain first counseled pati
ence, then lent ¥Frange qualified
support., Moscow, the little entente
&nd the Balkan entente spoke re
asuringly to. the Quaj D'Orsay.
Italy was tight-mouthed.
A SANGUINE FIGURE
The erux of the hubbub was due
today in TLondon with the league
of nations council meeting to con
sider the French demand for
sanctions against Germany,
France has worried over inse
curity on the Rhine since the time
of Richelieu, As the council met,
some recalled that France set an
example for Germany after the
Napoleonic wars by denouncing
the. peace treaties of 1814 and
1815. :
If France does not pbtain satis
faction, she may seek to realign
fiurope’s fraternity of nations out
side the league on the basis of
mutual security pacts.
17 TO ONE
A man was put at the tiller of
the Landon barkentine this week.
John D. M. Hamilton resigned as
executive assistant to Chairman
Henry P. Fletcher of the Republi
can national committee in orde:
to guide the poltical destinles of
the Kansas governor in the presi
dential race.
By virtue of his geographical
position in the farm belt, Landon
wag described by his friends as
the stand-out candidate for the
Republican nomination. Governor
Merriam of California took note of
that in announcing support for
the Kansan,
In the first presidential primary
of 1936, Col. Frank Knox, the Chi
cago publisher, picked up 11 un
pledged votes in New Hampshire,
his former home. President Roose
velt collected the eight democratic
delegates. Harris county, Georgia,
gave the president a 17-to-1 mar
gin. ~over Governor Talmadge.
Roosevelt foe, in ite own tiny
preference primary.
Senator Borah, intent of thwart
ing what he calls nonpopular nom
ination” of presidential ecandidates,
entered the Pennsylvania primary.
Senator Robinson of = Arkansas,
democratic leader, exchanged
charges = with = Former President
Hoover on‘ questions of currency,
credit and recovery.
SWORDS RING
Two:events .in official Washing
ton's: week could not.be disassoci
ated from politics. . The attack on
the senate 10bby committee for its
“selzure” of . telegrams may be
metamorphosed into a principal
campalgn issue. Jouett Shouse,
executives .head ~of the American
Liperty Teague ' and = commijttee
chairman Black were at - swords'
poings. = -
Concrete - action was taken by
thé senate . in:calling on the fed
eral ¢ commiihications . commission
to'tell what aid it gave Black, and
the Distriet of Columbia supreme
court enjoined the committee from
taking ‘possession of the telegra
phie “eorrespondence of a ‘Chicago
lawfiri. o' e :
'.i!h'e,o(lier _event was the-grow
ing ;argument over: what Sepator
u:};— of . West. Virginia - térmed
malddministeation ,of * relief funds
Holt ,gathered data for a renewal
of ‘'his.” barrage -against Adminis
trator «Harry L.iHopkins eveén ae
Hopkins * announced dismissal =of
two ‘Tilinois = WPA “officfals <ac
%@%3&% R :
e TN
. \
R (R
eAN . e 1
PRS- O L
SUaNE & 2 A
e LR _
N L String and Fabric
g Taßat Gloves are Best
T A for.a Tailored
& B EASTER
A 59¢ and 95¢
oy ¥ | —Here are the gloves to
» o * X go hand in hand with your
G N, Easter Spit. Smart. cro-
TR Y R e chets, and suede-like fab
: (Pl rics, in four-button or the
_ new shortee length. In
P e \White Brown, Navy, Egg
- S N shell, Black, Cherry, Cha
¥W\ ois, Coral and Blue.
.
S . | 283 EAST ClaytoN
oL z
Newer Educational |
Trends Is Discussed
By Dean Meadows
Newer trends in education was
the subject of a talk given by Deau
J. C. Meadows of the College of
Education of the University to
Homecon club, Wednesday evening,
March 11th in Dawson hall.
“Not only are there newer trends
in education but newer trends In
methods. No longer are facts to
be memorized but problems are to
be - solved that will lead to indivi
dual student thinking,” said Dr.
Meadows.,
Great interest was aroused when
the speaker deacribed some of the
education being promoted by
the Progressive Education Asso
ciation of America.
l Dean Meadowg did not commit
lhimselt as to his approval or lack
‘of approval of this plan but gave
some of its high lights. Among
these was the possible return to the
‘grouping of students of various
iages in one class room as being a
‘more natural set up than the se
’gmgation of certain ages as Wwe
now have. He also told of the new
er ideas in regard to clasg room
ffumlahings, heating and lighting.
The teacher as a companion for
the young people in their endea
vors rather than tneir instructor
and the plan of allowing the child
to learn what he feels a desire or
need for when he wishes to do se
rather than following a prescribed
course over a certain period of
time were other theories mention
ed,
The large unit plan of working on
one subject or ideag such as prine
ing or paper making or lumbering,
for instance, with geography, his
tory, English, ete, learned con
comitantly rather than as separ
ate or unrelated subject matter
was described, : ; :
Another idea that was of much
interest to the audience was thar
of not requiring the child to learn
to read until he wished to or felt
the need of doing soo even if he
reached the high school without
having learned to read. In that
case provision for learning this art
would be made in the high school.
That promotion would be made
on a chronological basis rather
than on scholastic adgvancement
was another idea of the progressive
group which was brought out.
cused of collecting money on a
project for political purposes
PRESIDENTIAL REQUEST
Congress wrestled with the
Toosevelt proposal for taxing un
divided. industrial surpluses, and
the president appealed to railway
labor and managements to settle
their conflict over projected con
solidations witheut recouse to leg
islation.
Two new major tests for the
New Deal came before the su
preme court in suits which may
decide the constitutionality of the
gecurities control and the Guffey
Coal . Control Acts. The United
State Conference of Mayors pro
posed to -the president an addi
tional $2,340,000,000 to continue
work relief during the next sis:
cal year.
King ' Edaward of England ad
vised the house of commons he
might marry. .
Toattern seaboard floods took a
least' 10 lives, New York's pro
longed = building service strike
which started March 1, appeare«
to be on: nearer solution than the
day when hundreds of apartmen
house elevators stopped runming.
Car] Giles, former Qklahoma re
lief administrator, was _indicted
for running. his office “corrupth
with the intent of personal finan
clal benefit.” * . .
A NUDIST DOESN'T
Miss ‘' Florence Cubitt, queen
elect of the California Expositior
Nudist Colony, swore she would
land at Neward without benefit o:
attire over protests ‘of a commer
clal air ‘line, ~She arrived—fully
dresged. ~ £tk
Gjov,,.Harold G. Hoffman o©
Néw Jerséy | announced . he ‘intend
ed to grant no farther, reprieves 1
Bruno :Richard Hauptmann, con
victed ‘kidnaper of the Lindbergt
‘baby, condéemnéd to die during the
week of. March: 30.
" PHE BANNER-HERALD, ATHENS, GEORGIAY
FEW OWNERS HAVE
NOGS VACCINATED
Dr. Hodgson Says Only
Sixteen Days Remain to
Have Dog Vaccinated
Dr. H. B. Hodgson, Clarke county
dairy and food linspector, said
vesterday only a few people in
Athens have had their dogs vacci
nated against rabies to date, and
there are only 16 more days left ta
have dogs vaccinated.
“Only a small number of own
ers have taken advantage of the
opportunity to vaccinate their dogs
and pay their city tax at the low
rate authorized by the health de
partment,” said Dr. Hodgson,
“Dogs may be vaccinated dur
ing the next 16 days for $1.50, and
avoid the penalty for not vacci
nating the dogs this month,
“Any dog found on the streets
or in uninclosed lots after A‘]E
1 without a 1936 dog license tag,
attached to its collar, will be
caught, and impounded according
to the ordinance of the Health de
partment,” Dr. Hodgson said,
A dog put in the pound because
ite owner has failed to comply
with the vaccination ordinance,
cannot be redeemed until its own
er has paid for vaccination license
tage and pound fee. If an im
pounded dog has not been claimed
at the end of forty-eight hours, it
will be destroyed as prescribed by
law.
The health department requests
the cooperation of all owfers of
dogs to immediately vaccinate
their dogs and register them at
the health department office in the
city hall. .
“The sooner a dog is vaccinatad
against rabies, the more protec
tion you and your family will
have and it will be a great help
1o the health department in en
forcing the ordinance,” said Dr.
Hodgson.
AT THE MOVIES
HERE THIS WEEK
PALACE
MONDAY A N D TUESDAY —
Ann Harding and Herbert Marshall
in the great heart drama — “The
Lady Consents.” The piercing heart
ery of a million women who love—
and fear. With Margaret Lindsey,
‘Walter Abel, Edward Ellis. Also
program seiected novelties.
WEDNESDAY — Get a college
education in red-hot rhythmic
syncopation! “Freshman Love.”
With Frank McHugh, Patricia El
-lis, Warren Hull and Joe Cawthorn,
’ THURSDAY, FRIDAY and SAT
URDAY—3 Days—The first five
star picture, “The Dionne Quintup
lets in “The Country Doctor.” Rich
with humor, soul attrring with hu
man interest, thrilling with sus
pense. With Jean Hersholt, June
Lang, Slim Summerville and Doro
thy Peterson, Also program se
lected novelties. |
STRAND
MONDAY A N D TUESDAY —
Dumas’ epic of high adventure
gloriously comes to life—"The Three
Musketeers.” Heroes and lovers
all. . . the reckless sons of the
flashing blade reborn to ride ana
fight and love again, with Walter
Abel, Paul Lukas, Hargot Gra
hame, Heather Angel, lan Keith and
hundred others. Alsn Tom Mix In
“The Miracle Rider.”
WEDNESDAY —Bargain Day -—
(Return’ Engagement)—The tip-top
tuneful musical treat—" Two For
Tonight.” With. Bing Crosby,
Joan Bennett, Mary Boland ana
Lynne Overman. Also program se
lected novelties.
THURSDAY — Bargain Day —
(Return Engagement)—Sylvia Sid
ney in “Mary Burns, Fugitive.”
Branded a criminal because she
loved a murder. With Melvyn
Douglas, Alan Baxter. Also pro
gram selected noveities.
FRIDAY and SATURDAY — 2
Days — Buck Jones, more dyna
mic than ever in “The Ivory Handle
Guns.” His new drama. of the
western danger ‘and daring. Also
“Adventures of Frank Merriwell.”
Negro Educator Will
Speak Here Soon at
Teachers Conference
Prof. Aaron Brown, jr, super:
visor of Athens Negro schools, has
announced that Hattie V. Feger
will conduct a forum on Elemen
tary Education Saturday, March
21, in the Reese street school.
Miss Feger served as supervisor
of Negro schools in New Orleans,
La. for several years. She haas
been one of the few Negroes to
teach in the University of Cincin
nati. She is present head of the
department of elementary educa
tion in Atlanta University.
This conference is planned to be
of special aid to the elementary
teachers in the schools of thig city.
Prof. Brown invites all persons in
terested in elementary methods to
be present. The meeting will be
gin at 10 a. m.
Toward the end of winter, when
their food supply runs low, Croats
living in the Dalmatian mofntains
strap flat rocks over their abdo
mens to keep the stomachs from
“growling” and feeling emptiy
REFRIGERATORS
Be Sure to See Our 1936
Line of Refrigerators. We
Can Save You Money on
Your Purchases. Easy
Terms and No Interest
Charge. Atlantic fce &
Coal Co. S Tee
FUNERAL NOTICES '
253 & A P 5
THOMPSON.—The fricmi:_,, and.
relatives ¢£ Mr. and Mrsl. T. E.
Thompson, Lexington,,.__Ra:d: Mr.
and Mrs. J. E, . Eidgon, Mr.
John Eidson, Mr. Roberi. Eidson
* and. Mr.' and ' Mrs.. ‘W. R,
Thompson, all of Athens, are
invited to attend the funeral of.
Mrs, ‘T. E. lAlice { Eidson)
Thompson today, Sunda}’, March
15th, at 4:00 p. m. froom East
Athens Baptist church.JThe fol
lowing gentlemen will! serve as
pallbearers and meet/ at the
residence at 3:16 p. m.: Mr.
Roger Amason, Mr. Jimmie
Thompson, Mr. Robert Yar
brough, Mr. Dillard Crowley,
Mr. John Moon, Mr. Eddie Yar
brough, Mr. Philip Eidson, Mr.
Robert Thompson and Mr. Elj
Ingram. Rev. Newt Saye, pastor
of Edst Athens Baptist church,
will officiate and interment will
be in Oconce Hill Cemetery.
Bernstein Funeral Home.‘*
5t g 4 5 3 Ly - o T
Home Demonstration
Club Meets Recently
In Gaines Comrnunity
GAINES COMMUNITY,, — The
regular monthly meeting of the
Gaines Home Demonstration club.
was held at the. school building
Tuesday afternoon. Mrs. E. A.
Carruth, president of i the club,
presided, .
Miss = Ann_ _Dolvin and.. Miss
Caroline Anderson, 'of Athens,
were present along with 10 mem
bers of the club. Mrs. T. Y. Har
ris joined the club at the meet
ing.
After minutes were read. the
project leaders gave their report.
A digcussion of the amount. of
money to be used.;on the play
ground equipment followed,
Miss Dolvin announced that the
Gaines club would be hostess at
the next meeting of the council
and a committee was appointed
to make necessary arrangements.
A demonstration on how to
make hooked rugs was given hy
Miss Dolvin, assisted by Miss An
derson, and proved to be very in
teresting to all present. Among
those present were:
Mrs. E. A. Carruth, Mrs. M. O.
Bryant, Mrs. B. O. Dunaway, Mrs.
John Hancock, Mrs. Ruth Nash,
Yes. 7. 3. Kelley, Mos, T. X,
Harris and Misses Bessie Phillips,
Bertha Hancock; Elsie Ann John
son, Lois and Lo ise Settle, Ann
Dolvin and Caroline Anderson. ,
Publicity Chairman:
SCOUT CAMPAICN
BEGINS APRIL 7th;
ALMAND CHAIRMAN
(Continued From Page Une)
time expert Scout executive. Mr.
C. N. Wilson, was placed in
charge. As a result, inactive
troops have been re-organized, ac
tive troops have been greatly
strengthened and enlarged and
two additional districts in the
northeast Georgia area have been
formed.”
Esapecially is the local Scout or
ganization interested in reaching
and aiding under-priviledged boys.
Mr. Almand stated. “Because th¢
burden of Scout work is perform
ed by .volunteer community men
the Scout executive being the only.
person paid, much good is accom-.
plished without any expense what
soever to the community and to
the boys themselves.” v
Dintinct Need i
“We feel that there is a disuncr]
need for the continuation and en-1
largement of Scouting in Athens,’
M.r Almand added. We know of
no ofltr organjzation which reach
es bhoys everywhere and bring:
them together for good, as Scout .
ing does and will when our finan
ces become more adequate and our;
program consequently broadens.” |
Besides Preston Almand, chair
man, . other members of the Gen
eral Finance Campaign committec
are: Thomas Gray, jr., T. M
Tillman, J. Fritz. Thompson, B. R
Bloodworth, and Dr. D. W, Hart.
man.
Publicity committee member
are: L. W. Rember, chairman;
Lanius . Sullivan, Athéns Times;
Bryan Lumpkin, Athéns Banner-
Herald; and Lynne - Brannen
WTFI radio station. James Hob
good, Richard Joel, Miss Jeanett:
Wiley and Miss Louise Verdel, all
of the Henry W. Grady School,
have been appointed special fea
ture writers for the campaign.
Abit Nix and Max Michael com-:
prise the Advance Gifts commit
tee; and B. R. Bloodworth heads
the Workers committee. ‘
Additional appointments and ar
rangements for the Winance Drive
will be announced later.
Mrs. A. E. Thompson
Dies Here; Funeral
Services Sunday P.M.
Mrs. Alice Bidspon ThompEon.i
aged 25, died at her residence on.
the Lexington road at 4:55 o'clock
Friday morning. She was ill two.
months. Funeral services will be
conductel this afternoon at 4.
o'clock fr::: East Athens Baptist
church by Rev. Newton Saye,
pastor, Interment will be in Oco-:
nee cemetery, Bernstein Funeral
Home in charge.
The pallbearers will. be Roge).
‘Amason, Jimmie Thompson, Rob
ert Yarbrough, Dillard Conoley,
Jokn Moon, Eddic Yarbrough,
Philip Eidson, Robert Thompson,
Eli. Ingram.
Mrs. Thompson, who was a na
tive of Athens, is survived by her
husband, T. E. Thompson; her
parents, Mr. and Mrs. J. D. Bid
son, and two brothers, John and
Robert E‘dm. PR g ¥
Mrs. Thompson was a member
of East Athens Baptist church and
a teacher in the junior depart
ment of the Sunday school: She
was a tireless church worker and
Aeld the love and estesm of a large
circle of friends and acquaibtan
ces, S R e
COURT DEALS MAJCR
BLOW TO TALMADGE;
A SWEEPINGC DEFEAT
(Continued From Page One)
aration of the executive, the leg
islative and the Jjudicial branches
of government, holding “neither
can interfere with the other while
acting within the law.” L
4. That there was no collusion
between Hamilton and the banks
in “bad fdaith” in tying up the
money.
' 5. Denies claim_ of Daniel that
‘Hamijlton = can only seek the re
turn of his office by quo warranto.
6. The court concludes that it
can, by injunctive, process, control
and /direct the manner in which
fnuds on deposit can be paid out.
74 All parties are enjoined from
pa ¢ing out any of the funds in the
three Atlanta and one Marietta
Ysank “except under lawful appro-
RElations.” Lierac :
{ 8. If the parties can not agree
won what are lawful appropriations
‘the court will give detailed direc
tions on_agplication. . . .
_ Dissenting Opinion
Judge Humphries' dissenting
opinjoni _ was Itx:r,‘fsed on the follow
ing vigwpolnté: . i :
1. That the order of suspension
by the governor effectively strip
;-ped'Hé,m’fl'ton of all right and au
‘thority te discharge the duties of
treasurer during his suspension.
2. That the banks would be re
lieved of all rgspensjbility by de
livering funds in question to Dan
iel and taking his receipt.
+ 3. That the funds could.not be
impounded during litigation over
‘the title of office.
4. That the action is in itself a
suit avgainsti the state of Georgia
without its consent.
5. The duty of administering
the office of treasurer is an execu
tive duty with which thé courts
cannot interfere. 5 a
6. It is not material whether
the legislature adopted an appro
priation bill for the current year
or not. gt d
If£ there is no appeal from Sat
urday’s decision . and order, an
immediate hearing will be held on
the interpleaders the court direct
ed Mr. Daniel and Mr. Hamilton
to file. This hearing is intended
to determine who is the lawful
state treasurer.
Funds now held by Mr. Daniel,
of course, did not_ figure in the
Superior court. proceedings.. 5
There was some _speculation in
legal . circles . Saturday as to
Mwhether or not Judge Humphries,
in view of his expressed opinion
in the matter, will serve at the
hearing on the new interpleaders,
It was the second time that
Judge Humphries has held in
favor of the governor. The first
was three vyears ago Wwhen he
passed on the governor's right to
oust members of the State High
way Board.
Separation of Functinos
/The majority. opinion said:
“The court recognizes the sepa
ration of the executive, the legis
lative and judicial branches of the
government, Neither can interfere
with the other while acting with
in the law, but the courts can and
should determine as between dis
puting officials, which one is act
ing within the law and which one
is not. The right of the court to
¢etermine ' and apply constitutional
and legal rights has,been long es
tablished both by this court and
the Federal Court.” o
On the point made by attorneys
for Mr. Daniel. that the banks had
no. right o interplead, but that
quo , warranto proceedings repre
sented the only recourse of Mr.
Hamilton, the majority opinion
said: i gan e
It would seem, that one Who is
possessed, of property or funds or
owes a debt, or duty, that if it is
dotubiful or dangerous for him to
act, he .may . apply. to a court of
equity. It seems to us that there
is more involved than the mere
question as to. who has the right
to perform the duties of an offi
cer. g : i i g
“Should Be Maintained”
“It would seem thaf a court in
quo warranto _proceedings ecould
not..give divection and afford se
curity to the petitioners jn these
cagen:: . - S o e
_“The .court. concludes, therefore,
that .relative. to _the . questions
named concerning parties and the
subject matter, that the. petition
for, interpleader can and should be
maintained.” :
The majority opinion points out
that the court does not decide the
question as to who is the lawful
state treasurer,. which Wwill be
necessary only. when the parties
have pleaded and the issue has
been formed. . :
“There is a general line of cases
to the effect that when an officer
is removed for cause, that he must
have an opportunity to be heard
and. the reason must be, given for
removing the officer,” the opinion
said. E
The ruling also was to the effect
that. Mr. Daniel is not disqualified
on the facts submitted relative to
the failure of his surety to qualify
in this state before he was bond
ed. % .
“To sustain the general demur
rer of Daniel would place all the
parties in the same petition as
before the sult was. brought, and
the legal status of the administra
tion of finances of the state would
continue in an uncertain and per
plexing, condition,” the majority
opinion concluded.
“The court is of the opinion that
as all of thf parties at interest
are before it now, it is the duty
of the court to inquire into thg
questions raised, and judiciously
determine the same.”
Humphries Dissents
. Judge Humphries, disrenting
Krom these views, said:
“It 1s not important whether
one person or another acts as
treasurer, but it is highly impor
tant to constitutional government
whether a precedent shall be es
tablished which would permit the
judiclary to assume duties of the
executive department, when the
state constitution -detlares . that
the legislative, judicjal and execu-
Rev. Hotchkiss to
Conduct Study Here
~ Monday Night at Y
. Rev. Willls R. Hotchkiss of
Kenya Colony, British Hast Africa,
will conduct the study of the
Monday Night Bible class at the
0, M. C. A. Monday evening
March 16, at 8 o'clock.
Mr. Hotchkiss is a great Bible
teacher as well as missionary. He
passed through Athens Wednésday
and conducted the prayer meeting
at the First Presbyterian church
at that time. Mr. Hotchkiss' ad
dress was ‘said by numbers to
have been . the finest presenta
tion of missions that they had ever
heard, ‘
Mr. Hotchkiss has been the prin
cipal speaker at a Bible Confer
ence in- Madison, Ga., this week
and Athens is fortunate in having
him here again as he passfes
through Monday enroute to the
Bible Conference of the Columbia
Bible . Bchool, Columbia, South
Carolina where he will speak sev
eral times this week.
The public is invited and ar
rangements are going to be made
for extra seatings in view or'the}
deep interest that is being taken
by the class and in others, in the
coming of such 'a distinguished
visitor. % ; .. 4
France Offers to Soften
Stand on |German
Remilitarization Move
(Continued From Page One)
actions in regard to foreign na
tions. :
As 300,000 persons cheered his
words,. he, called for a national
vote of. confidence March 29, when
Germany goes to the parliamen
tary polls, and declared:
“Between now and March 29 I
will take the responsibility for
what I have recently done.”
His listeners were certain he
was referring directly to his act
of exactly one week ago when he
replaced a German army in the
Rhineland, from which the victors
in the World War had ordered all
troaps withdrawn.
' Before he began speaking, Hit
!ler had received an invitation
'from those victors, and from other
members of the League of Nations
as well, to send a representative
to London to discuss what steps
‘might be taken to alieviate the
critical international situation.
In Berlin, a high functionary
of the foreign office told the As
sociated Press:
“The whole question still is wide
open. There are various points to
be clarified.
“As the discussoins in TLondon
today showed that there were
numerous _viewpoints, there are
also numerous viewpoints con
cerning thec invitation, The ques
tion as to in just what capacity
Germany,_ is to go to the confer
ence needs to be clarified.
“At any rate our reply, one
way or another, will be formulat
ed in plenty of time for the Lon
don council meeting to shape its
program.”
STATE COMMITTEE
TO BE CALLED SOON
(Continued From Page One)
amittee and myself to assist in per
fecting R_qosévgfl_f w_q'z"ganization:s.”
"He said Cowets, Henry and
Lownges gounties all have report
ed that their county executive com
mittees are strongly in favor of
preferential ; primaries and have
‘urged the state committee to pro
vide such a’vote,
tive po;wgrg shall forever remain
separate and distinet,” Judge Hum
phries Qec?ared.
“The judgment entered goes be
yond the prayer of the plaintiff,
and by its very terms pledges the
court at the instance of Hamilton
to undertake not only to preserve
the state funds in question, but
also to determine generally what
are legal obligations of the state
and to direct the payment of them
from the funds in question—a duty
which rests with the executive
department.
“In resgponse to a direct ques
tion counsel for Hamilton declined
to say that he thought that could
be done legally, but suggested the
possibility of an agreement among
the parties that it be done. No
such agréément was made.
“l am of the opinion that the
demurrers to the petition and
crogs petition of Hamilton should
be sustained and both the petition
and the cross petition dismissed.”
In a decision almost identical
with that in the Atlanta banks’
case, the eourt ruled that state
funds on deposit with the First
National Bank of Marietta cannot
be paid out either by the ousted
treasurer or the de facto treas
urer, except under lawful appro
‘priation or:allocation.
Talmadge’s Contention
Governor Talmadge has insisted
that even though the general as
sembly of 1935 failed to enact a
general appropriations bill for the
Binnium of 1686-37, he had the
right. to administer the funds of
the state single-handed.
He ousted Mr. Hamilton and
Comptroller General William B.
Harrison when they refused to
sign or honor warrants drawn on
the state treasury "in accordance
with the governor's views.
More than seven million dollars
worth of bonds put up by state
depositories all over Georgia, and
now held in the vaults of the At
lanta, Federal Reserve Bank, are
to be left undisturbed, according
to the decision of the three-judge
tribunal. :
Mr. Daniel had attempted to
seize the bonds after Mr. Hamil
ton. had removed them from the
vaults of the state treasury at the
eapitol and put them in the Fed
eral ‘Reserve Bank for safe keep
ing at the time of his ouster,
COVERNOR HITS AT
'MAJORITY OF COURT
WH!CH BLOCKED AIM
(Continuea ¥rom Page One)
the legal agent to dispense funas
from the state treasury.
~ Approximately $7,400,000 in bonds
of state depositories, most of which
lost their commissions because they
refused to cash Daniel’'s checks,
also were ordered kept in the fed
eral reserve bank of Atlanta pend
ing further litigation.
Talmadge called in Hugh How
ell, chairman of his state Demao
cratic executive commitiee; Ad
jutant General Lindley Camp, head
of the state’s militia and a mem
ber of the state law department to
confer on his statement following
the blow to his “dictatorship” from
the court.
Blames “New Deal”
The governor blames the New
Deal for legal action attacking his
one-man rule. He has charged
Roosevelt forces are keeping him
in Georgia to prevent his further
campaigning against the president's
re-nomination. 2
“When I made the campaign
promise to the people of Georgia,”
Talmadge said, “to pay the state
out of debt and not railse the taxes,
I did not dream it would cause an
invasion of the sovereignty of the
state’s rights, both from within
and without.
“But it has happened. I am go
ing to face the issue, and I am gos
ing to stick to that campaign
pledge. That campaign pledge is
what is making the New Deal
tremble, and they are making a
desperate effort to hire all of the
papers and politicians in Georgia
they can get.
“The steel had to hit the rock.
You are going to see some sparks
fly."
Special Session
There were published reports in
Atlanta that sentiment for a self
convened legislative session wams
increasing,
These reports sald it was under
stood more than 30 members of
the state senate and more than a
majority of the house have agreed
to attend such a session.
Plans still call for the presenta
tion to the governor of a petition
containing the names of a majors
ity of both houses agreeing to at
tend an extra session for the asole
purpose of passing an appropria
tions bill.
Should the governor refuse to
issue the call, which he has said
repeatedly he would not de, then
the matter of a self-convened meet
ing would be up for action.
Some legislators have openly
urged consideration of impeach
ment of Talmadge should the as
sembly convene,
Saturday’s court action was the
first real set-back the Talmadge
“dictatorship’” has received.
Friday at Gainesville, Judge B.
P. Gaillard announced he had re
voked a rule nisi granted W. V,
Lance to prevent use of highway
funds for anything but road pur
poses,
Lance’s suit was based on a claim
that any diversion might jeopardize
payment of $2,600,000 on highway
refnding certificates due March 25.
He held one of the certificates.
Talmadge out-maneuvered this
vote by ordering immediate pay
ment of the certificates. Judge
Gaillard explained the withdrawas
of the rule nisi was at Lance's re
quest and that he was informed
the certificate in question had been
ordered paid.
Lance said withdrawal of the
rule did not constitute abandon
ment of the case which he added
would remain on file in Cobe
county, where it was originated,
until it is shown all counties will
be paid their share of the certifi
cates. ' ‘
Ousted Treasurer Hamilton hail
ad as ‘‘a signal victory” the major
ity opinion of the Atlanta court.
“l have held,” he said, “that one
of the fundamental dutles of the
state treasurer of Georgia wag to
conserve the funds of the state
to the end that they should be dis
bursed only through proper legal
channels. .
“l have laid aside any personal
action to regain the physical pos
-gesgion of the room in which the
tregsurer usually sits at the state
capitol.”
Governor Talmadge, in his long
statement of defiance, said Judge
Humphries had “clearly decided
the law of the case.”
Criticizes Court
He said Judge Moore and Judge
Pomperoy ‘reversed the supreme
court” in holding they could en-'
join the treasurer from paying ouw
the $2,500,000.
“But the amusing thing about
the decision of Judge Moore and
Judge Pomeroy,” Talmadge said,
“was the part they wanted to cons
strue what the governor could leg
ally pay, and wanted the governor
of the state of Georgia to send a.ny‘
requisition that was drawn on the
treasury over to them to O. K, to
see whether or not it would be
paid.
~ “Judge Moore and Judge Pomes=
‘roy have both received their money
for 1936 out of 1936 funds.”
~ Graham Wright, attorney for the
INational City Bank at Rome, the
first state depository to quallfyi
under the “dictatorship” in a state
ment said he saw no reason why
the bank should not continue to
“do business with Mr. Daniel” and
had so instructed the institution.
i Governor Talmadge g statement
follows in full:
. “I have just read the opinions
%us the three judges in Atlanta —
iJudge Humphries, Judge Moore
and Judge Pomeroy.
~ “Judge Humphries clearly de
cided the law of the case. Judge
Humphries recognized the code
section which gives the governor
the authority to suspend the trea
surer and to appoint a treasurey
and report to the next regular ses
sion of the general assembly his
reasons for go doing. ‘
“Judge Humphries clearly de
cided that J. B. Daniel was not
the de facto treasurer, but the de
jure treasurer. R i {
The “Real lssue® =
SUNDAY, MARCH 15, 1936, |
'A. P. Winston Resigns
| As Farm Manager at
i Ag. College Here
(Continued From Page One)
Polytechnie Instltute,‘ where he
was farm manager. At that time
the foundation was being laid son
Connor Hall, main administrative
building of the College, The late
Dr. Soule once said that the re
ceipts of the college farm were
largely respomsible for providing
funds with which aid in construc
tion of most of the buildings that
have been erected since Connor
Hall was built.
When asked last night if Mr,
Winston’s successor hak been ap
pointed, Dean Paul W. Chapman
of the College of Agriculture saif
that A. B. Childs of Atlanta has
been named to succeed Mr. Winsy
ton and will report here April 1.
Mr. Childs was at one time man
ager of the John Berry herd at
Rome and fitted two grand cham
pionship winners at the Internas
tional Livestock Exposition, Chi
cago, it is stated.
Dean Chapman, expressed regret
that Mr. Winston has resigned,
saying: “The college regrets that
Mr. Winston is leaving us. He
does so of his own accord. He has
been associated with the college
almost since its establishment
and has been a fine farm manager.
He leaves with the best wishes of
the college.”
“This is all that wag before the
court to be decided. The petition
for an injunction and'the demur
rers filed by opposing counsel of .
course_made a voluminous record,
but the real issue was whether the
governor had the athority to suse
pend the treasurer and appoint =
treasurer, !
“Here is the code section that
gives the governor authority:
“ ‘Code section 40-206. Suspen~
sion of state tredsurer or comp
troller — whenever.the governor
shall have trustworthy informas
tion that the state treasurer or
comptroller general is insane, or has
absconded, or grossly neglects his
duties, or ig guilty of conduct plain
ly violative of hig dutles, or ae
means nimself in the office to the
hazard of the public funds or credit
of the state, the governor shall
suspend such treasurer or comp
troller general, as the case may be,
and report his reasons for such
suspension to the general assem
bly. - Said suspension ' shall con
tinue wuntil the general assembly
shall otherwise direct.) (Acts 1878-
9-P. 30,)
“Judge Moore and Judge Pomee
roy wrote a lengthy decision, which
means for the three Atlanta banks
and the bank at Marietta to hold
over $2,5600,000 of the atate’s money.
Their opinion also directs that the
federal reserve banks hold over $7,-
000,000 worth of bonds deposited
with the state of Georgia.
“Of course, the federal reserve
bank’s vaults are out of the juris
diction of the state of Ggrsia. and
the law plainly states that the
state’s bonds shall . be reposited
with the treasury of the atate of
Georgia in the state capiol.
“Judge Moore and Judge Pome
roy reversed he supreme court and
held that they could enjoin the
state treasurer from paying out
the $2,500,000 in the four banks
above na.mgi. g
“Judge omeroy and Judge
Moore not only reversed the supe
reme court in the case. of Ramsey
vs Hamilton, but Judge Pomeroy
reversed himself as he made the
original decision In ‘this case.
“But the amusing thing about
the decision of Judge Moore and
Judge Pomeroy was the part they
wanted to. copstrue what the gov
ernor could legally pay, and wanted
the governor of the state of Geor
gia to send any requisition that
was drawn on the treasury over to
them to O.K. to see-whether or not
it would be paijd.
Received Money
“Judge Moore and Judge Pomes
roy have both received their money
for 1936 out of 1936 funds,. . ..
“The judicial branch of the gove
ernment cannot encroach on the
executive branch. This iz clearly
a mandate,of the constitution of
the state of Georgla. =
“It is the duty of the executive
to carry on the functions of the
state government. This will Y
done.
“Judge Mogtg and Judge Pomes
roy can hold temporarily $2,500,
000 of the state’s money. in the sous
banks, but they cannot save thes@
four banks the seven per cent in
terest that the governor of Geors
gia has assessed gainst them for
holding these funds.
“Judge Moore and Judge Pome
roy are taking the position that
the schools of thig state should be
‘shut down and the teachers not be
paid. They are also taking. the
position that the peéple in the in
gane asylums. and the people in
the convict ‘camps should net be
paid. ',
i “The schools, out insane asylumy
the tubercular, the deaf, the dumb,
‘the blind our Confederate Veters
‘ans, and convict camps are going
to get their money every time the
governor, the judges, and other ,fe
‘ficers of the state get theirs.
. “Judge Moore and Judge Pomes
‘roy, however, have both decided
that they, themselves, can be paid
“Wihen I'lfiade the campaign pro
mise to the“fi%fie of Georgia to pay
this state out of debt and not raise
the taxes, I did not dream that it
would cause an fnvasion of the
sovereignty of the state’s rights,
both from without and from with
in.
“But it has happened. I am go
ing to face the issue, and I am go
ing to stick to that campaign pro
mise. The campaign pledge is what
is making the New Deal tremble,
and they are making a desperate
effort to hire all of the papers and
politicians in Georgia that they
can get. ~
“You boys in the country, be not
dipm!r:&d‘. The steel had to hit
llmme . - 2
S HAEPERORS - L e