Newspaper Page Text
IUHTY HAS RIGHT TO
RETAIN COURT PROPERTY
Brand Hands Down
Important Decision in
t (implicated Case of Kel-
Jackson County, Which
o The Herald Made Men-
nf Some Weeks Since.
PROBABLY BE RESTRICTED
TO CERTAIN SECTIONS
Brand, of the superior court,
I handed down a decision in the
'n.-ated case of Kelley vs. Jack-
,. jnty , one that had few preee-
an ,| caused the judge some
u „„, work to arrive at a de-
, Herald two weeks or so ago
the news of the suit. So far tis
Is jro the case is without par-
|c the state of Georgia—that is,
univ has never been sued by an
,r. seeking to put the county out
, us c and home,
o court order reads:
p Kelley, Sam Kelley v». Jack-
■ounty*
mplaint for aldn. In the Jackson
The Herald made mention Thursday
of the probability of city council
passing an ordinance to prohibit skat
ing on the sidewalks, following num
erous complaints from people of col
lisions with the skaters.
At a special meeting of the mayor
and council last night the mayor
brought to the attention of the body
several complaints that had been reg
istered against skating or. the side
walks in all sections of the city. This
matter will come up for action at the
next regular meeting of the body and
the chances are that some restriction
as to the sections of the city which
skating will be allowed, if it is to be
allowed at all, will be imposed and an
age limit set.
The complaints that have been reg
istered against skaters, it seems, have
not been instigated on account of the
harmless recreation of the little boys
i> an action of ejectment
t in the Jack Jones form for
(ivory of one-ninth undivided
t in and to a lot of land in the , , , . , ., ,
Jefferson, known as the court »nd P.rls, but on account of the abuse
and on which Jacks*. ? f thc Prmlege by the larger skaters,
■ in some cases almost grown men, who
make walking dangerous L
recklessness. -
Sympathy for Chief.
The body voted their sympathies
to Chief pf Police Brooks on the death
of his son, which occurred yesterday,
commented on the. effectiveness of the
traffic ordinance put into effect some
few days ago and then adjourned un
til the regular meeting night.
Tha
.ia- filed January 18, 1910. On
tii day «»f February, 1910, Jack-
•ounty filed its answer to said
wherein it sets up that, on the
av of August, 1879, is purchased
property from J. E. Randolph,
ind since that time has been in
ssion thereof. On the said 7th
if February, 1910. said Jackson
y pave notice to the executors of
will of said Randolph of the pen
of this ejectment suit and re-
ted them to defend the title there-
hich was made by their testator
ck«on county. On July 30, 1910,
•ponse to .said notice, said execu
ted answer to plaintiff’s neti-
wherein it is alleged that Jackson
ity bought the property in good
h and that the county had incurred
it expense in erecting the county
•t hov«e on said property. They
an equitable defense and among
things prayed that should plain-
have any interest in said proper-
hat the value of said interest be
nined according to the pririci-
•f equity and that a decree be
•ed fitting thc amount to which
plaintiffs should be entitled. * * *
Barfield vs. Macon county, 109
a .;*d, the court held, “follow-
hc decision in.Smith V3. Floyd
v, s -’> Georgia 420, a right of ac-
?xist> against thc county for
trine- private property for public
In Terrell county vs. York,
. it was held "that when a coun-
the exercise of its corporate
>. appropriates land of an fil
ial for uprposes of widening a
’ road he is entitled to just com-
ti<»n for the land so taken.” In
case the court distinctly says
'here a county actually takes a
n of one’s land a cause for ac-
ri. .- which would authorize a
‘ry of damages against the coun-
’ the market value of the land
paragraph of the long de
cays:
h When the amount to be paid
plaintiffs is thus ascertained a
LEGAL REASONS FOR
NOT PAM SAYE
DAMS MARKET
itra Specials for the week
well (Treen Spinach, Car-
Reels, Oysters Plants,
rm K Turnips, Green
ans - Bell Peppers, Squash,
B-ish Potatoes, Turnip
ind, Cabbage, Fresh To-
toes - Kgg Plants and
eet 1'otatoes, Fresh Coun-
Rutter, Eggs, Hens and
ers - Everything in the
Deery line a t cut prices.
’’ Ua °n just one bill of
Di'fTies, and if you are not
n >nred that we can save
money don’t try us any
, le - ^ ° have just received
, ai T e shipment of Snow
, Rabbits from the Blue
due
m <mntains. Try them.
'ly lS'c each.
Court Order Promulgated Today
By Judge C. H. Brand. ^
Text of Decision.
The following decision was handed
down by, Judge &. If. Brand today:
At Chambers, January 24th, 1914.
It appearing from the petition of
the solicitor-general, the Honorable
John B- Gamble, that the county com
mission of Clarke county has by reso
lution declared its unwillingness to
continue paying R. A. Saye’s salary a:
thc county's special bailiff after Feb
ruary first next;
And it further appearing that said
Sayo was not appointed by the pres
ent solicitor-general, and it further
appearing that he declines to reap
point and declines to further confirm
the former solicitor-general’s appoint
ment of said Saye .and it further ap
pearing that the present solicitor- gen
eral declines to appoint anyone as spe
cial criminal bailiff for said county
and it further appearing that the said
solicitor-general desires said Saye’s
appointment by the undersigned re
voked, and has asked an order to this
effect;
And it further appearing that the
judge can appoint no one as such bai
liff. but only has the power to approve
thc appointment which may be made
by the solicitor- general;
It is therefore ordered: That the
order entered by the undersigned, ap
proving the appointment of said Saye
by Solicitor-General Walker, he and
the same is hereby revoked and set
aside.
Of course this order has no effect
and is intended to have none on the
appointment of said Saye as such bai
liff by thc solicitor and thc judge of
-he city court of Athens.
y C. H. BRAND.
Judge Superior Courts Western Cir
cuit.
decrce~should be entered allowing the
county a reasonable time in which to
pay thc amount thus found, and upon
thc payment of thc same th- title to
thc property to rest in the county.
Upon a failure to pay the same with
in ,he time limited the right of the
countv to an absolute title to the prop
erty should he decreed to he lost, and
a writ of possession miouiu issue ,n
behalf of the plaintiffs for the prop
erty sued for.
Entcraining these views, the court
orders that the order dismissing said
suit J»e vacated and set aside, and that
the Vase stand in the docekt for trial,
if .aid order had not been entered.
CHARLES H. BRAND, Judge.
Who is This 'Man
Do You Know
Him?
There is a man in our town;
And he is wondrous wise,
He drives on the right side
street—
It’s really a surprise!
Who is he? Search me, because it
looks like they all try to get on the
wrong side of the street.
Thc way the police are enforcing
that traffic ordinance is a caution,
and it is netting the city a few “Si-
moleons” these January days, ranging
from $1 to $3 fines.
Today saw' Will James, colored,
charged at police court with having
driven on the wrong side of College
avenue.
James was fined $2.00. Judge
Price had noticed the wrong drive, and
had docketed the charge.
Edward Esco was fined in two sep
arate cases $1 each for navigating
his hack on the left side of the street
when he should have piloted on thc
right. He ran into thc traffic ordi
nance breakers, and the city wa« in
$2.00.
A case against W. Y. Esco was dis
missed. He proved; that he had not
broken the vehicle laws.
B. Morris, a colored boy said he
had ridden on the sidewalk to avoid
the mud. “Wet weather is no excuse
ymir rirlint/ on the sidewalks,”
said judge Price, "I’ll tax you $2.00."
INSTITUTE PROVED
VERY SUCCESSFUL
:\J.' V
The Institute of the Clarke County
Sunday School Association; Northern
division, held at Bogg’s Chapel, Oco
nee iftlghts, on yesterday' proved a
great success. There was a, large at
tendance, both in the morning and in
the afternoon. There were visitors
present from several Athens Sunday
schools and also visitors from Pros
pect and other places.
Every speaker on the program was
present at the meeting arid the pro
gram as printed in The Herald was
carried out. The addressee were in
teresting, ‘instructive and f inspiring.
The ladies of the community pre
pared and served a verjf delightful
dinner, which was thoroughly enjoyed
by those present.
Pleasure and satisfaction was ex
pressed by all at the complete success
of the meeting, which wafc, on the
whole, as satisfactory, as, could be
hoped for.
GOETHALSTOACCEPT
COL. GORGAS NOMINATED
FOR SURGEON IN CHIEF
FOB TAX COLLECTOA
Of COUNTY OF CLARKE
Mr. Walter A. Mallory announces
that he will make the race at the next
election for that purpose as tax col
lector of Clarke county.
Mr. Mallory ia a popular and well-
known citizen of the county and has
lived in Athens for the past twenty-
four years. His announcement will
be found in another column of this is-
«<»•• -
Mr. Mallory has been engaged in
such work as -will naturally lit him
for "the office he seeks. Mr. Mallory
says that should he- be chosen to hi!
this office that he will be found at all
times courteous and attentive t6 busi
ness.
SCHOLARSHIP FOR MOUNTAIN
GIRLS HAS BEEN RENEWED.
(By Associated Press.)
Rome, Ga., January 24.—It is an
nounced here that Mrs. Woodrow WiU
son has renewed thc scholarship for
mountain girls in the Martha Berry
school.
(By Associated Press.)
New York, January 24.—Colonel
Goethals* decision to accept the police
commissionership of New York under
conditions is said to be due to the in
fluence of Mrs. Theodore Roosevelt,
who visited Panama. Mrs. Goethals is
also said to be anxious to leave Pan
ama. Mrs. Roosevelt told Colonel
Goethals of Colonel Roosevelt s expe
rience whije police commiasioncr.
MRS. SAYRE DESCENDS
WITH ROPE AROUND WAIST.
(By Associated Press.)
New York, , January* 24.—Mrs.
Frances Bowes Sayre, daughter of
President Woodrow Wilson, descend
ed thc ladder of the Majestic today
with a rope around her waist on ac
count of the rough sea. She was on
her return from her honeymoon trip.
PASSENGER TRAIN
(By At»ociated-Press.)
Faeklers, Ale., January 24 South
ern passenger train No. 41 was last.
nig\t robbed. The locomotive and
two cars were uncoupled and carried
nineteen miles to Larkinsville, Ala.,
where the engine went dead. The ex
press safe was blown and JiOO taketf.
There was only second-cla3s mail
aboard. Bullets were Bred at the pas-
songers. Officers and dogs are on the
trail. The stranded train was picked
up this morning by a train from Chat
tanooga. ^ , .
RATES TO J
WILL IS RESTORED
(By Associated Press.)
Fairfax Court House, Va., January
24.—E. P- Eggleston, of New London,
Conn., has returned to the clerk of the
county court here the will of Hanna
Washington and other valuable docu
ments. Eggleston stated that he did
not know that the documents were
stolen.
A DISASTROUS YEAR.
Detroit, Mich., January 24.-I.ast
year was the most diastrous in the
histprv of Great Lakes navigation.
The Storm of November * and 9
r of 241 l-'ves. with -
■t ACA&IS KAMWCTi?
CauM'd me »«.-»•-
}total of Zoti for
The total j known on.
97.000.000; frnrnde I b,
Science Interested in
the Case From
Japan
(By Associated Press.)
Tokio, January 24 Japanese «ci-
entists are interested in an extraor
dinary case in a Kyoto hospital where
a child was removed from the side of
the abdomen which gradually
a male patient. The patient was born
with a small tumor in the left side of
size as the years went by until it be
came as large as two men's heads put
together. The surgical operation was
carried out with much difficulty. A
deformed child was discovered. Pro-
Tc.imji Oadki who participated in the
operation says that such cases are
rare but that viewed from an anotom-
ical standpoint they are by no means
Mirprising .since they arc noth'pg but
an abnormal combination, prior to
birth, of the tissue of twin babies,
which ought to have been born sep
arately. The patient is recovering.
COTTON FIRM DISSOLVES.
Savannah, Ga., January 24.—An
nouncement was made yesterday of
the dissolution of the cotton firm of
Gordon & Company. ThU marks the
ing of one of the oldest and best
v;i cmir«?rns in Geor
late General W.
YEGGS BLOW JANK
SAFE AND GET $5,000
(By Associated Press.)
Ludlow, Mo., January 24.—The
vault of thc Farmers Bank was blown
here today by robbers, who secured
$5,000.
MUST FEED LIVE STOCK.
Denver, Col., January 24.—Suit has
been started against the Denver and
Rio Grande railroad for its violation
of law regarding the treatment of live
stock in transit. It is alleged that the
road kept ten cars pf cattle in the cars
for thirty hours.
President. Wilson has nominated I He
Colonel William C. Gorgas, chief san
itary officer of the Panama canal, to
be surgeon in chief of the army, and
thus reward has come to the man who
did as much as Colonel Goethals to
make the canal possible.
His nomination is now before the
senate, and there is little doubt that
it will be confirmed after it has gone
through the regular course in that
body. The colonel is now in South
Africa for the British government.
Mid-Winter Session Georgia
Chainber of Commerce Will
Be Important Event.
Atlanta, Ga., January —The
Southeastern Passenger Association,
through its secretary Joseph Richard
son has announced reduced rates for
nt th#>rn to imnrnv. can!. I (k. TZZZt t .T.'~ Zi the CzST^iz
tary conditions in the diamond dis- Chamber of Commerce at Macon on
trict, and was given leave of absence
by the war department for that pur
pose.
Without the work of Colonel Gorgas
on the canal unsanitary condition*
would have killed their thousands
long before thc work had been
brought to its present state. But he
used radical measures, and now the
canal zone, though in the tropics, is
one of the healthiest spots on thc face
of the earth.
“MUCH ADO ABOUT NOTHING”
OR A CASE OF TOO MUCH “NEVER”
For a Good Part of An Hour at
a Special Session of Judge
Price’s Tribunal Today, a Ne
gro Man Was on Trial For
~~TnYmiiroi* t»>ii WNiMHi un
Half Brother to Go and See
Sick Uncle—Dismissed.
Is there, a place in the Nomenclatu-
ral Hall of Fame for Professor C.
Snouck Hurgronje, who has just come
over from Holland.
cr fifty vessel, were destroyed. ^Qoiden.
V. W.i
The Three C’s
of a Good Room
Unconsciously all of us
look tor the three C’s
when we are in search of
a room—Comfort, Cheer
fulness and Congeniality.
And to find the three all
together sometimes seems
difficult—though really it
is merely a matter of
knowing where to look.
In The Athens Herald
“Want Ad” Columns are
listed Athens’ choicest
room offerings—covering
every desirable locality
and including a wide
range of prices.
These ads are inserted by
discriminating, home-lov
ing people who read The
Athens Herald and who
know that through it they
will attract their own
kind.
So if you are in search of
a room with the three
C’s you will do well to
consult The Athens Her
ald’s “Rooms for Rent”
columns. Should you
have some special re
quirement a “Rooms
Wanted” ad of your own
might more quickly put
you in touch with what
you are seeking.
When the ad is ready
leave with
f The Athens Her aid.
Shhhihmw
If Bill Shakespeare had the writing
of a title to this story he would prob
ably call it “Much ado About Noth
ing,” or “The Tempest,” and if he
also added “In a Teapot,” the Bard
would be about on the right line.
The cast of characters were two
ladies (no need to call names) who
had allowed themselves to get very
nervous, but one 'Will Jackson,
working negro, had been seen in the
vicinity of their residence at 6 p. m.
Thursday and had hid behind a tree,
at least it was thought that he had
done so. The ladios reported the mat
ter, and it was a long drawn out af-
police, and soon an officer was on the
trail of Jackson, and he got him. To
day a special session of police court
was held to try this suspicious charac
ter ,and it was a long drawn out af
fair, which developed that the man had
been waiting about to meet his half
brother and go to gether to see their
sick uncle.
His employe testified that he had
worked up to 6 p. m. on the day in
question. City Attorney Michael put
all the witnesses through a very
searching examination, and nothing
developed that incriminated the de
fendant, so Judge Price wisely di>
missed the charge, and the “Tempest”
was over. The trial had consumed al
most an hour.
ARSON CASES IN COURT
OF JUDGE
CONSERVATORY IS
DESTROYED BY BOMB
Glasgow, Scotland, January 24.—
The Kibble Crystal Palace extension
conservatory botanical gardens was
destroyed by a bomb today. It is be
lieved to be work of the suffragettes.
CITY TO RUN STORE.
Chicago, Ills., January 24.—In ar
ranging this year’s budget, the fi
nance committee has recommended to
the common council that $25,000 ba
appropriated to establish a municipal
store, which -will sell groceries, cloth
ing, meats and other necessities. It
is intended that the store will sell
only to such pe:soa» as arc recom
mended by the county agent as do-1 nod an umbreiiu. atiil, it may hsvt j
| strung of getting the reduced prices, in.cn bar'*, ,
A motion for a new trial in the
Will Cumming arson case from the
Jackson superior court was argued be
fore Judge Brand today. Decision
will be made in a few days.
The papers in the case read:
Will Cummings, Movant, vs. Stato
of Georgia, Rcspondant.
Motion for new trial, Jackson supe
rior court, trial October adjourned
term, 191.1. Verdict of guilty for ar
son and sentence to the penitentiary.
Now comes the respondent, the
State of Georgia, by and through John
B. Gamble, as solicitor-general of the
Western Judicial Circuit of Georgia,
and moves to dismiss thc aforesaid
motion for new trial in thc above
stated case on the following grounds,
to-wit:
1.
Because the movant and his attor
neys have failed to comply with order
of the court setting said motion for
new trial for a hearing on this date,
by not serving the opposite party with
a brief of the evidenre in said case.
2.
Because the defendant and his at
torneys have no brief of evidence pre
sented to the court for approval in said
motion for new trial.
3.
Because there is nothing before the
court to pass upon in said motion for
a new trial.
Wherefore respondant prays an or
der dismissing said motion.
This, January 24th, 1914.
J. S. AYERS,
J. A. B. MEHAFFEY,
JOHN B. GAMBLE.
Solicitor-General Western Judicial
Circuit of Georgia.
tn the case of Ewing Montgomery,
charged with arson in the Jackson su
perior court, and convicted and sent
to thc pen, a motion for a new trial
was made before Judge Brand today*
CIVIL SERVICE EXAMINATIONS
FOR FOURTH-CLASS P. M.’S.
(By Associated Press.)
Washington. D. C„ January 24.—It
was announced today that civil service
examinations for fourth-class post
masters would be held in Alabama in
March. The examination for these
offices were not filled when the fourth
class were placed under the service by
President Toft.
Queen Mary was refused admission
to a London muncuin because she car,
January 29-30. This rate will be on£
and one-third the regular rate for the j
round trip, and is good from any part
of the state. The rate ia an open one, * ::
any person Seing allowed to take ad
vantage of it.
, Officials of the (Borgia Chamber of j j
•Commerce announce that over one
thousand delegates and persons in
terested in this work, will be present .
at thc Mac jn meeting.
In addition to big automobile parade
on the evening of Thursday, January I
30, which be joined in by delegation. j
from all over thc state, many wI‘S i
brass bands or drum and buggle co.-TA
speakers of note addvess the bocin^'-' i
meetings. Among these are Gnvrvjv • I I
John M. Slaton. Senator Smith ”
Bacon, Hon. Bradford Knapp:”'' ’!
Washington, D. C.; Commisioner'e'
Agriculture J. D. Price, pr. A- ;
Soule, of the State College of Agricu'- J
ture Hon. Charles S. Barrett, Prj» ; - j]
dent of the National Farmer's Union. «|
and others. The I Macon- meeting will ! ]
SwtIWt xwgyH
of CommerceTlod the Macon Chamh"
hosts for the occasion.
SAY STORES VIOLATE LAW.
Chicago, Ills., January 24JSome of j fi
the large department store managers
in this city are charged with violating ,,
the ten-hour law for woman. Factory :j
inspectors say that the practice , of i t
working their women overtime has '
been so universal and of such long
duration that the stores have imag
ined thc law did not apply to them. ;j|
It ia also charged that the success of {■
the employers in blocking organize- S
tion among the clerks increased their
assurance.
TO LOWER LIVING COST.
Pittsburg, Pa., January 24.—Retail jj
grocers of this city have formed an
association through which they hope'
to eliminate tho middle man and thue 1 ,1
lower the cost of living.-' The grocers jj
claim that by buying in wholesale
quantities a reduction to tho consumer j
of from 10 per cent to 20 per cent
will be made possible.
SUNDAY AT THE
HOLLAND
The management of the HolMnd
announce a Special Dinner for Sun
day evening from 6 until 8:30. Why.
not entertain your frienda at this
popular little place? Special at-,
tention given to parties. You majr,
if you wish, engage your tables
now.
Menu:
Fruit Cocktail
Consomme an Parmesan
Dinner Rolls
Baked Spanish Mackerel
Lemon Sauce
Celery Olives
Roast Turkey with Dressing
Cranberry Sauce
Mashed Potatoes, Creamed
Cauliflower
Steamed Rice
Baked Hem, Cider Sauce
Tomato Aspic
Cabinet Pudding, Wine Sauce
Vanilla Ice Cream. Cake
Phone 977
Price 75c. ’
We have engaged an orchestr
ion this occasion. Come out and
enjoy a good Dinner.
THE HOLLAND
lMft Clayton St, (Upetairs).