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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).