The Winder news. (Winder, Jackson County, Ga.) 1909-1921, January 29, 1914, Image 1

Below is the OCR text representation for this newspapers page.

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.