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-WOODRUFF WINS "CERTIORARI
AGAINST CITY OF WINDER
During the Wocdruff Fair of 1915,
ft will be recalled, a controversy
aro-.e between Mr. R. L. Woodruff
and the Chief of Police, who was
acting under the orders of the May
or, ccnceining an automobile that
was being disposed of during the
Fair, and the policeman, under or
ders trcui the Mayor, undertook to
place certain signs over the automo
bile but lie was not permitted to do
%o by Mr. Woodruff, and tiie signs
were torn up and destroyed. Based
upon tliis occurrmce, a case was
male against Mr. Woodruff in the
Police Court of the City of Winder
charging him with obstructing, r<;
sist’np and opposing an officer in
the discl.argi of his duty.
Colouel G. A. Johns appeared as
attorney for Mr. Woodruff and the
tatiui s were fought out before the
Mayor who imposed a fine of $25.75
upon Mr. Woodruff, and the case was
thm appealed to the Council, and
after a similar hearing a fine of
$1.75 was assessed with an alterna
tive of 1 day in the City Prison.
Mr. Woodruff, not caring to be
under a charge of violating law and
a penalty even as small as this, re
fused to pay the small fine and car
ried the case by certirorari to the
Superior Court, and at the receiY
term, Barrow Superior Court, Judge
Brand took the matter under ad
visement. and after considering the
same, on October 6th, passed the
fel'owii g order:
“The judgment or verdict render
ed by the Mayor and Council in
this ease must lie vacated and sot
for two reasons, which are
absolutely controlling
1. Because the Ordinance* alleged
<o I ave been violated or that por
tion thereof in question is almost
in the* identical language of the
SVite I.aw upon the subject contain
ed in section 306 of the Penal Code
of 1895 which the City of Winder
could net legally enact in the absence
of express legislative authority. In
oilier winds, the City seeks to pun
ish lor a State offense which is for
bidden by the law, unless in the
Charter permission to do so is giv
en expressly by the General Assem
bly.
2. Bt cause, if a legal Ordinance,
the evidence is insufficient to con
eict because no force was shown
in the defendant’s resistance to
tl e policeman, who was acting un
der orders cf the Mayor. In Moses
vs. State. 6 Appeals 252, it is held
that “ioiclble resistance” is neces
sary to convict under said statute
upon this subject, and in this
-■ Cn3e much more was done by defend.
ut than by the plaintiff in this
petition.(Read facts on page 252.)
Another case very strong in
point is David vs. State. 76 Ga. page
721, in which it is held that “It
does .ot mean to oppose or impede
the process with which the officer
is armed or to defeat its execution
hut that the officer himself must be
Obstructed. That the defendant in
error may fully understand the
judgment of this court, I suggest
that these decisions be read and
considert and.
I 1 pon consideration of this case,
it is ordered that the petition for
certiorari be sustained, and that the
caso pending against the defendant
iu the Mayor’s Court be dismissed.”
“C. H. Brand, Judge.’*
The decision of the Court upon
ti e certiorari was directly in line
with the legal position's taken by
Mr. Wocdruflf and his counsel in the
lrial of the case before the Mayer
and council, and while other assign
tmnts of error were made, the de
cision of tile case is very gratify
ing to Mr. Woodruff and his friends
in holding that lie had violated no
law but was simply within his rights
in protesting and refusing to allow
any trespassing upon his private
property.
DESPONDENCY.
When you feel diccouraged and
despondent do not give up but take n
dose of Chamberlin’s Tablets and
you are almost certain to feel al
right within a day or two. Despond
ency is very often due to indigest
ion and billiountFsis .for which these
tablets are especially valuable. Ob
tainable everywhere.
Your FALL Outfit
Just now you should be thinking of your Fall Outfit-nature has begun
to change and everything -is taking on Fall attire. The thing most
thought about is the Fall costume; and every woman should be careful
in her selection. To obtain the best and most correct you should se
lect from the largest and best assorted stocks. Just now our stocks
are filled with New, Fashionable Fall Suits* Coats, Dresses and etc.,
and those who have not chosen will profit by inspecting our stocks.
Ready-to-Wear That’s Correct.
The well dressed woman is careful in her
selection, she wants something different.
That’s why we have given so much atten
tion to the selection of our ready made gar
ments. Our buyers have used every care in
selecting the VERV BEST from America’s
foremost manufacturers and we are showing
the very best selected Suits, Coats and Dress
es in Athens.
Every good model is shown in the most
popular shades, the 'new Browns, Greers,
Blues, Burgundy, Plum, etc. Every model
here is correct in every detail. Suits tast
ily trimmed with fur and plush, showing the
new collars, the new model coats and skirts.
All good materials are shown. You can buy
an attrac.ive, up-to-the-minute suit here at
$15.00 to $73.00
No marter what size you wear or what price
you want to pay you will find it here. We do
not put fictitious prices on garments in order
to offer a big cut, every garment in our stock
is marked in plain figures, at moderate prices.
HOUSE DRESSES
It’s cheaper to buy your dresses ready made. Our line shows
many good .styles at SI.OO to 52.50. Made of Ginghams and
Percales in a substantial manner. New lot just received.
BARROW COUNTY SINGERS
MEET AT BETHLEHEM.
The Barrow County Singing Con
vention met with Bethlehem Method
ist church October 7th, 1916, for a
two-day session, President John H.
Wheeler, presiding. All officers were
present.
Alter a song, prayer was offered
by Mr. S. H. Harrison. Messs J. H.
Wheeler, George D. Smith, W. A.
Brewer, L. R. Sheridan, each led
song service, after which a sumptu
ous lunch was spread, and enjoyed
by all. After dinner the crowd re
turned to the church and the corn-
mittee oil arrangements announced a?
follows: To lead in singing, Mes.
srs. Emory Beddingfield, J. B. Wells,
J. L. Moore, L. R. Sheridan.
After the singing a business ses
sion was held and delegates were
called for from adjoining schools.
Those reporting were E. L. Year
wood, Bethlehem Baptist church; W.
A. Brewer, Carl; Emory Bedding
field, Corinth; Mr. and Mrs. J. H.
Wheeli r and Miss Annie Wheeler,
County Line.
Mr. J. B. Wells, a visitor from
Oglehorpe county, was present. The
president appointed committees on
hospitality, arrangennvets and ways
and means, then, after a few r songs
were sung and the convention ad
journed until Sunday.
Sunday mojning at 10 o’clock Pres
i lent called* the convention to ordei
and the committee on arrangement
handed in the following names to
lead three songs each; Messrs. Wil
The Winder Newt, Thursday, October 12, 1916
Davison-Nicholson Company.
ATHENS’ BUSIEST STORE
lie Holland, H. F. Baird, W. F. Brew
er, R. L. Malcom, J. W. Roberts. Af
ter this Messrs. Smith, Jewell, Pur
cel and Mrs. Vaughn sang as a quar
singing convention 2
tet, then after another song led by
Smith and- one by Hale the noon
hour was announced.
On reassembling, the president led
one song and the convention went
into the election of officers, which
resulted as follows:
President —Prof. J. L. Moore.
Vice Ftresidnet—W. D. Wall.
Secretary and Treasurer —Geo. D
Smith.
Chaplain—VV. Willie Brewer.
A committee composed of Messrs.
'J. H. Wheeler, J. B. Robertson, \V.
I
A. Brewer, was named to select
books for the next convention.
Following this was more singing
ltd by Messrs. Duly Short. Homer
Purcell, G. W. O’Kelley, G. W. Wood.
W. A. Brewer, E. B. Wells, H. T.
Greenaway, L. It. Sheridan, Homer I
j Baird, Murphy Sellars, J. L. Moore,
Geo. Show, Edd Wright, Willie Stan
cel and Mr. Jewell. Rev. F. M. Gra
ham led in some excellent selections
from his book. Then the report
from the girls on money collected
was read w r hich amounted to $11.57,
after which the following resolution
was suggested by Mr. Sheridan and
passed:
Resolved, That we the members of
the Barrow County Singing Con
vention tender our sincere thanks to
, the good people of Bethlehem and
community for the royal manner in
which they enterfained the conven
tion, and that the same be spread
STYLISH COATS
Wh en we say stylish coats we mean coats
different from those found in the ordinary
stocks, we mean coats with an individuality.
No store shows a greater variety of stylish
coats than you will find here. Not only for
the ladies, but for the misses and little folks.
The Sport Models, the three-quarter length
and long in all sizes. Handsome Chinchilla '
Coats in solid colors, plaids and stripes; rang-v
in price from SIO.OO to $17.50.
Sport Coats at $5.00 and $7.50
Some special values are being offered at
these prices in Wool IVfixtures, Plaids and
Stripes. You’ll find a large and well assorted
stock of coats here, priced at $5 00 to $45.00.
Suits and Dresses for Stout People
Ours was Athens’ first house to put in a
special line of Suits and Dresses for stout wo
men. Today the stout women can be fitted
here in a STYLISH Stout model that be
perfect fitting. The dresses $12.50 and $15.00.
The suits are priced $16.50 to $45.00. r
NOVELTY SKIRTS $5 to $lO ,
upon the book and a copy be sent to
The Winder News.
J. L. Moore, President.
Geo. D. Smith, Sec.-Treas.
APPALACHEE ASSOCIATION
minutes from te:h press.
The clerk of the Appalachee Bap
tist Association, for the first time
in the history of the body, has placet
the minutes in the hands of the
people ni two weeks after the c py'
The reports show progress of a
worthwhile sort along all lines of
COMPLETE FACILITIES
I he patrons of this Institution include corpo
rations, firms, professional men, wage earners,)
house-wives and children, which evidences)
that our facilities are complete and sYiited tej
ail those having any financial affairs to transi
act. -
Your account is invited.
Interest paid on accounts of SI,OOO or more|
WINDER NATIONAL BANK (
WINDER, GEORGIA ' - J
activity engaged in by the* associa
t'on. The wTiters have given con
siderably more attention to tin
preparation of these reports than i
usually done.
The statistical tables show tha
Mcnroe and Winder churches eoi
tributed considerably morethan till
other 30 churches for home and b|
nevolent objects- $10,242.81 out I
$18,125.96.
Kicking your special obstacles o|
of the way, uses up a lot of spirituf
*hoe leather. Try walking around ’