Newspaper Page Text
Flanigan & Flanigan
Pianos,
Organs, Buggies.
VOL. XX.-8 Pages
Jackson County Loses In Suit Brought By Kellys.
Judge Brand Recognized Right of Plaintiffs to Recover and Orders Case Docketed For Jury Trial.
UNUSUAL POINT INVOLVED.
In Case Brought by Kelly Boys
to Eject Jackson County From
Their Property.
Jlidge Brand has decided the
ease of Kelly against. Jackson
county—;a suit toy ejectment to
reeoven an interest in the coun
ty courthouse at Jefferson. He
that the county has the
'right to retain the property but
must pay for it.
0 far as the records go the
case is without parallel in the
state of> Georgia —that is, a coun
\y has never been sued toy an
aictk)i seeking to put the coun
ty out of house and home.
After briefly referring to the
law and all Georgia, cases bear
.ung on this case,-Judge Brand
said:
'‘tyi the light of, tile same, and
of the supreme law of tile land,
which declares that private
property shall not toe taken for
public purposes without just com
jiehsatifon toeing first paid, and
under my View of what is right
hnd just between the parties 1
have, come to the conclusion:
‘lst. That the plaintiff can
not maintain this ejectment suit
in; so far as having file right
r|nconditionally to recover the
P4><sskn*j of tiic ‘property sued
fofy'
•‘2nd, That Jackson county
h:si the right to keep and retain
the property shed for, hut that
it tonst pay for the same before
it acquires a perfect title there
to
| “3rd. That for the purpose of
jpb tiun flag damage against the
wounty for th e land of plain-
M'fs taken by the defendant,
Bis suit c-an be maintained.
"“4th, That the amount which,
(the plaifntiffs are entitled to re
cover Would be the market va.l
--j
ae of, the property at the time
the life estate terminated to-wit:
In 190,1, with interest from that
date to verdict, the value of
Oie improvements placed upon
the property not to be consider
ed (ini ascertaining such market
value.
“sth. When the amount to
hd paid to the plaintiffs is thus
ascertained, a degree should be
enjtered, allowing the entity a
reasonable time in which to pay
t,‘ie ! amount thus and up
on the payment, cf the same, the
ititl'e to the property to rest in
the cou|nty. Upon the failure t 0
pay the same within tin* time lim
ited;, the 'right of tl’e county to
an absolute title to the property
should be decreed to he lost, and
rnwrit, <>f possession should he is
the plaintiff’s be
ijUsfor the ] tropei I \ .sh.-'l Mr.
tin m- vi.-v s
NWPn't orders that the order dis
missing/ said suit he vacated and
•w , set aside and that the f'hse
dtltnd in the docket for trial, as
if said order had not been enter
ed.” .
Mrs. P. W. Quattlebaum visited
relatives in Athens last Friday.
©S'Winter Sew,
J. W. 0 SHIELDS DIES
AS RESULT OF ACCIDENT.
Prominent Planter Breathes His
Last Early Sunday
Mormtig.
Mr. J. W. O, ’Shields, a prom
inent citizen and large planter
of) this county, who was severly
injured wfhen a, mule ran away
with him recently in Statham,
died early Sunday morning as
a result of the accident.
31 r. O’Shields was about 40
of age. He leaves a wid
ow and five children, four sisters
I a)nd| many relatives to grieve at
! ins departure.
The deceased carried a. five
thousand double endemnity policy
in case of death toy accident, and
his estate will receive SIO,OOO.
Rev. J. 11. Wood* of Atlanta,
preached the funeral and con
! ducted the burial, which took
place Monday at J. if O’Shields
j cemetery a. few miles from ’Win
jder.
Quit;? a. large ‘concourse of rel
j’ativek and friends witnessed the
jtiterment.
Death of Mrs. Jog Wood.
3tors. Joe Wood, wife of 3lon
-1 roe barber, died at her home in
that city last Friday morning af
ter several weeks’ illness.
Before her marriage she was
315&S Ramsey. She was 34 years
of age-
Her remains were brought to
this, city last Sunday and interred
in l\f>se Hill cemetery. Rev. J. F
Yarbrough, pastor of tile ’Winder
’ 3fethodist ehurcli, conducted the
funeral services.
Pretty I:pme Entertainment.
MV. and Mrs. ‘William ITolsen
fbeck entertained a happy and
icciagenial party of friends on
last Friday ev; ning, at the homo
oil thei'r parents, Mr. and Mrs.
S. W. Arnold, on Broad street.
The house was cheery and fra
grant with bowls of violets and
hyae’jnths, and pot plants were
ih profusion. A collection of mu
sic was rendered on the piano
player by Mr, Earnest Arnold.
Dui j/ngt the games punch and
mints were served, aft< r which
refreshments were enjoyed.
Those invited for the evening
were Mr. and Mrs. P. A. Flanigan
Dr. and Mrs. Spurgeon ‘Williams,
Mr. and Mrs., Clyde Williamson,
Mr. and Airs. T. If. Hodges, -Mr
bnd Mrs. J. T. DeLiesseline,
{Mr. and Mrs W. C‘. Horton,
Mr. and -Mrs. T Dunn,
Alisses Sw’innpy, Camp and Smith.
Messrs. Niblick, DeLaPerriere,
Kilgore, Thompson, and the bane
some sons of the host, Morgan
land Arnold Ilolsenbeck.
"
Robert Camp and Mr. B:*n
Barker of Tech spent most of
last week frith the former’s par
entis here, they being' the only
members of the Junior class not
i having to stand examinations
this term.
Winder, Jackson County, Ga., Thursday, January 2S, 1914.
PpOPbE YOU
BkmowW
J ABOUTo
3lrs. Ml C. House is on the sick
list this week.
3liss Pauline Camp spent Sat
urday in Atlanta..
31 rs. C. B. Almond is visiting
friends in Atlanta.
3lr. P. W. Quattlebaum spent
3fonday in Atlanta.
Mr. ajnd 31 rs. J. S. Craft au
lioujuce the birth of a ten-pound
son.
ShlerilT (E. S. Garner, of Law
reneeville, was in Winder Tues
day.
31 rs. *W. F. Young is reported
improving after a few days ill
ness.
3lrs. Jack Seymour and child
r<ja are the guests of 31 rs. P. J.
Lamar.
3h\ A. A. Camp and family
spent, Thursday in Logansville
and Grayson,
. Mrs. R. L. Rogers left last
Thursday for a month's stay with
friends in Florida.
Mrs. H. *VV. Gibson, .of this city,
left Tuesday for South Carolina
to visit her mother.
Miss Pearl Farrar, of Atlanta,
isi the guiesti this week of h e r
sister, Mrs. Ik O. Ross.
Air. a|nd Airs. Lewis Johnson,
ofl Decatur, wre the guest last
week! of Air. and Airs. L. S. Rad
ford.
Airs. A. W. Richardson and
Afliss Ola Daniel spent Saturday
in Stidham with Mrs. Mary Thur
mon }
Air. Clarence Bennett, of Lo
gansville, spent the week-end
‘with, his aii>if, Airs. Albert A.
Camp
Mrs. 11. V. AleElhanon. of
Oa j lesville, was the guest Sun
day of Air. and Airs. L. J. Ale-
El honnon.
Airs. W. L. Bla,singa rne, Mrs.
11. A. Cari,tilers. Jr. and Miss
R/uth Panthers vfeijed friends in
Atlanta this week. *>'
Airs. W. A. Hale and family
have returned to their home in
Atlanta after an extended vis
it to relatives
Calvin Hill, formerly of * this
city, but now* on the police,, force
at Lawreneeville, was shaking
hands with friends here Tuesday.
ALs. A. *W. Richardson has ox
eeptjxl a. position as saleslady in
The suit department of W. J.
and E. (4. Palm our, Gainesville,
Georgia.
Air. If.' VI AlcElhonncji has
beerJ tjwitc ill at the home of his
father, Air. L. J. MeElhannon.
We are. glad to know that he is
same better.
REV. BOURQUARD DIES.
Was The 'New Pastor Of Egel
sten Memorial Church.
Rev. A. B. Bourquad died last
night at a private sanitarium at
7 o’clock. The body was removed
to Greenberg! -Bond’s, where it
awaits funeral arrangements. The
.deceased was 37 years of age.
'Two weeks ago lie was appointed
to fill the pasturage of Egleston
3femorial church and had come
Jo* Atlanta to take up bis new
fcvPrk. Formerly lie resided an
31ineral Point, Wfs.
jand five children, and one sister,
lie is survived 1/c his widow
31iss 1). ’Willie (’affrey. who lives
at; No. 30 Ferguson street. It
is probable that the body will be
taken to 31a.riet,ta, Ohio, for bur
ial.
Twenty years ago 31 r. I>our
rpiard was a newnboy for The
Atlanta Constitution. Atlanta
Constitution.
Last December 3Jr. Bourquaid
came tfc> winder and entered the
merchantile field, buying out the
F.ivel and Ten cents store at this
place.
He was a fine man and was
building up a fine trade when the
cal] t,o the Atlanta church came.
His business is still going oil
in t]*js city with Miss Omie Dil
lard and several clerks in charge.
The deceased had* made many
’frie|nd.s during his brief stay
wnjth ug whlo will be grieved to
learn of his death.
Moves His Office.
Dr. S. T. Ross has moved ilia
offices to the Winder Banking
Company building. He is located
on the second floor, facing t'm
dler.
With {'; > renting of this soil of
rooms to Dr. Ross, the Banking
Company hasthe first and second
flpor spnrc occupied and there
are only a few rooms on tin* third
floor unoccupied.
Buried at Commerce.
The remains of J’. W. Short,
a highly respected citizen of Abi •
vo(J wliose death Oceiired in that
city ‘Wednesday passed through
this city Thursday morning eti
route to Commerce for burial.
Tim deceased was 55 years of
age.
■ k
G nners Report.
*
lute tubulated returns from (be
ginners for the January 16th re
port. stows there were 42,731
bales of cotton ginned in Jackson
co'U|nty front the er< p of 1913
prijoi t> January 16, 1913, as
cpmpared with 32,874 bales giu
ned prior to January 1 Rth, 1913.
Gjt?s to ChgyloJta.
Air. C. A. Bowden left Monday
J'or Charlotte, N. C., where lie
goes with the Findlay .Manufact
uring Company. Air. Bowden is
a careful, painstaking workman
’and a valuable man in his line
of work.
W. E. Young,
—the—
Sbingleman.
8 Pages.—No. 42
NEW BANK FOR! WINDER.
Charter Has Been Applied For
And This Csty Is To Have
Another Financial
Institution.
’Winder is soon to have an
other bank. A charter has been
aa.pplieif for and the doors of
the new financial institution will
be opened as soon as the proper
papers can be signed up.
The' tiew blank will be known
as Tfu Farmers Bank and will be
located in the Garrison building.
The Manic will start off) with
a capital stock of $25,000, paid
in.
Among fho.se making applica
tion Mr the charter are J. A
Thompson, 1 G. *W. Woodruff,
1). F. Thumps ;u and ('. (). Nib
laek. The building in which the
bank will be located is in Walton
(c giuty, on the line of Jackson
aiidl Gw niieftf.
Ths Immigration Bill.
The; immigration bill has now
received tin serious attention uf
c<jaSTcss and if is believed that
‘this bill will pass congress mid
become a lafw in a few weeks.
The bulk of the immigration that
we are now! receiving from
abroad is largely from the s nth
ol* Europe find they are incap
able ef Ihum)in fug real Americans.
If is/fioMi this section that the
n>l rious Italian Black-hand
Society” emanate and a, large per
cefnt of them turn out to be
erim in ds and paupers.
Furthermore, those that actu
ally do work scud all of their
sivijngs hack to tin* old country
thereby removing a, large am lint
Hi money <'rom tilts country. It
s smoothing like on* hundred
million dollars'$100,()()(),000) an
nually that th.ey send back home
The imin g’ralion bill provides
among other things that tin* im
m'grants must have had enough
schooling to enable them to read
or wr'te or els * In* excluded from
this countiy.. Alany of these
l> >r immigrants are deluded by
fa Is * advertisements of tin* steam
boat cornpanh s into believing
that, this country is a veritable
paradise. Under this bill tbe
S'e m'*o | <■ mpany that brings
them ever will I give to carry
them bck at ils own expense.
It s understood that. President
Wj 1 s u If artily t pj roves tins bill
j'.ijnd, th t he will sign if when
lit is ready f r'his .signature.
Visited Mulberry.
MeCsis. Rich House, Claud Pa
fat. and Ronald .Jackson,, fearing
they might never have another op
s>o't unify to ride on flic Dinky,
took a trip to Mulberry Sunday.
/’hey reported a fine trip
and said tin- Dinky reaehed tin*
e,arshe<| in/CMltlberry on tjrrn-;
Mr. Fred *Weatherly„ formerly
\vitb tlie Hell overall Company,
is --fi.ira.in with the manufactory,
His many friends are welcoming
mm ba"k t () the city.