The Jackson progress-argus. (Jackson, Ga.) 1915-current, September 14, 1972, Image 1

The Jackson progress-argus., September 14, 1972, Image 1

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Newspaper Page Textifacksak progress- Arnua <n p VOL. 99—NO. 37 County At Work On Butts Fire Protection System The Butts County Board of Commissioners are at work on a plan to organize a County Fire Protection System on a voluntary basis, in Cooperation with the City of Flovilla, the City of Jackson, the City of Jenkinsburg, and other communities of Butts Coun ty, Billy Sutton, commission clerk, revealed this week. At a called meeting August 31st, attended by Commissioner Dan Fears, chairman; D. W. (Dave) Bailey, and Hammond Barnes, Mr. Sutton said Mr. Fears made the motion that the County Board of Commissioners, in co operation with, and as far as is feasible and practicable and with in legal authority, attempt to or ganise a County Fire Protection System as stated above. Mr. Sut ton said that it was suggested he contact Charles Campbell, Jackson and Atlanta attorney, to request that he furnish a written legal opinion as to x whether a proposed fire protection system can be established on legal grounds. Mr. Sutton said that Mr. Fears had called Sixth District Con gressman John J. Flynt and asked that he assist Butts Coun ty in obtaining surplus road equipment and fire trucks. Mr. Sutton explained that Congress man Flynt and his aide, Charles Redman, a Jackson native, had returned his call and told Mr. Fears that they were working on the above matter and would do everything they could to help Eutts County obtain necessary eruipment. Luther Jones, representing the City of Flovilla; W. L. (Cotton) Vaughn, representing the City of Jackson; and Robert Lane, rep resenting the Butts-Henry County Unit of the Georgia Forestry Commission, met with the Board to discuss the matter of establish ing a county-wide voluntary fire department. Mr. Vaughn said he would discuss the matter with the Jackson City Council at its next meeting. Mr. Lane stated that he would make plans for all to attend a meeting in Macon to de termine how much equipment might be obtained from the Georgia Forestry Commission in helping provide equipment for the county-wide fire protection system. Commissioner fearnes reported that he had talked to Philip West bury and D. T. Ford of the City of Jenkinsburg and they stated that personnel from the Westbury Medical Care Home would man the equipment during the day and that Mr. Ford would be available for night duty, as well as Mr. White, maintenance man at the Westbury facility. Mr. Sutton added that a fur ther report on the progress of this proposed fire system would be made at an early date. Funds Approved For Day Care, Training Center On August 31st, the Butts County Board of Commissioners signed a contract with the State Department of Family and Child ren Services and the Georgia Department of Public Health and the Butts Cos. Board of Health, the last step in securing match ing funds under Title IV 4-A for a Butts County Day Care and Training Center. The Center has long been a ciation of Retarded Children and all agencies working with retard ed children and their families. When Title IV 4-A funds be came available last year the In ter-agency Council joined with the Association for Retarded Children in seeking these funds 5 Qualify For City Primary Two races are shaping up in the City of Jackson Primary of Friday, October 6th, where in cumbent Mayor C. B. Brown, Jr. qualified last week to face Bob by Mackey, who had previously qualified, and in the Second Ward where incumbent Council man C. M. Daniel, Jr., will face his McDonough Road neighbor, W. D. (Dick) Pope, Jr., who qualified before the incumbent. Gerald Davis is presently un opposed in the Third Ward where incumbent Councilman W. O. Ball has until noon Friday, September 16th, to officially enter the race. Candidates may qualify with Kiehard W. Watkins, Jr., secre tary of the City of Jackson Democratic Executive Committee, or Mrs. Mary Lee Martin, assist ant secretary. Those voters living within the city who have failed to register will have until Thursday, Sep tember 21st, at 5 o’clock, to reg ister at the City Hall and become eligible to vote in the October 6th primary, M. L. Powell, City clerk, announces. Levi J. Ball, chairman of the City Democratic Executive Com mittee, points out that if a run off is needed it will be held on Friday, October 20th. Mr. Ball said polls will open at the City Hall at 7 o’clock on the 6th and will close at 7 p. m. Mr. Ball fur ther stated that no write-in votes will be counted in the City Primary. Write-in votes are only counted in elections and that no provision is made for absentee ballots. Mr. Ball said that can didates will not be allowed to solicit votes in the City Hall or on the sidewalk in front of City Hall on the primary date. Scholarship Awarded 5 Sfudents State Scholarships have been awarded to 5 Butts County stu dents for postsecondary educa tion in health fields through the Student Aid Program of the State Scholarship Commission, Don Payton, executive director, announced. Designed to finance the edu cation of skilled health profes sionals for Georgia, the State Scholarship Commission adminis ters the granting of state and federal funds to Georgia resi dents who have been accepted by approved educational institu tions and who have agreed to re pay the scholarship by practicing their chosen professions in Geor gia. According to Milton Carlton of Swainsboro, chairman of the commission, the most critically needed health professionals are registered nurses. Therefore the commission will allocate 70 per cent of the total award money to nursing students. Residents of the area who have been awarded scholarships include Deidra J. Tabb, Lurlene Usher, Marion L. Vaughn, Janet K. Washington, Gretchen R. Wyatt, all of Jackson. in order that the Center might become a reality. It is urgent at this time to secure a building, a qualified di rector and staff. The Center will operate under direction of the Butts County Board of Health. Dr. James C. Howell, chairman, has designated Bill Jones, a mem ber of the Health Board, to ac cept personnel applications for all staff positions. THURSDAY, SEPT. 14, 1972 JACKSON, GEORGIA 30233 * Percentage United Funds Stay Home October is the month for the United Fund Drive. The total pledge for Butts County is $15,- 000. Citizens of the community will be asked to contribute a fair share, or one hour’s pay per month. Where do contributions go? What is done with the money? The local Red Cross Unit is the recipient of $2400 of the total contributions, according to John A. Chiappetta, chairman of the United Fund drive. “We make the very most out of our allotment,” said local Red Cross chairman Stanley Maddox. “The UF assistance is spent large ly right here in Butts County.” Some of the services rendered by the Red Cross are contacting relatives in times of emergency, for example death, illness, or tragedies of nature. Contribu tions are sent to disaster areas in time of need, such as the recent flood victims of South Dakota. The Red Cross also keeps in contact with local men in the military service and with civilians living overseas. Part of Red Cross funds goes to supporting the blood bank pro gram for the community. Contri butors are contacted by mail, a canteen is stocked, and supplies are purchased for that parti cwtarr day. Still another worthwhile use of Red Cross money is the sum mer swimming program. Instruc tion books are bought for the swimming classes. This year 75 children participated in the pro gram running throughout the summer months. Chairman of the Red Cross unit receives back-up from San dra Moore, treasurer; Imogene Leverette, Home Service Chair man, and John Long, Blood Pro gram Chairman. “We deeply appreciate the helping hand the United Fund ex tends to the Red Cross,” said Mr. Maddox, “and we try to pass this help along to the people of Butts County.” Where tragedy strikes, where needs exist, or where service is required—there stands the Amer ican Red Cross ready to help. Part of this help is made possible through United Fund allotment. Three Injured In Collision On Saturday Three persons were injured in a two vehicle collision Saturday morning on Highway 16, east, near the Charlie Stewart home, about 6 miles from Jackson on the Monticello Road. An automobile being driven in the direction of Monticello by James Berry, 23, of Route 1, Fayetteville, collided with a pick up truck traveling in the direc tion of Jackson. A vehicle about to pull into the highway was believed to have been the cause of the accident. The most seriously injured was M. Linda O’Neal, 26, of Monti cello. She received a fractured leg and was transferred to the Griffin-Spalding County Hospi tal where she was placed under the care of a bone specialist Her daughter, Bessie O’Neal, received lacerations and was treated and released from the emergency room at Sylvan Grove Hospital where all were carried. Mr. Berry received abrasions and was re leased after treatment. The accident was investigated by the Georgia State Patrol. New Race For Commissioner Ordered By Judge Whalen Better Radio, Inc. Buys Station WJGA B. L. (Slim) Williamson, President of Better Radio, Inc., announced this week that the Federal Communication Commis sion had granted their application for the purchase of Radio Station WJGA AM & FM in Jackson. The purchase is to be consumma ted on Sept. 15th, at which time fhe new owners will take over the complete operation of the stations. The new owners plan a com plete up-dating of all the stations programs and the return to live broadcasting with the emphasis on area and local needs and in terest with the personnel being given more time to be available to handle these interests and needs. Many new things are promised the first of October when the station will begin their new sound. Many of the present staff members will remain with the sta tion but will be doing new and exciting things, according to Wil liamson. Those remaining with the station include Johnny Smol ka, Charlie Brown, Kerry Brown ing, Benjie Parrish, Tommy Ra ney, and Herbert Shapard, who will continue as chief engineer. The new manager of the sta tion, Tommy Ptak, will be com ing to Jackson fvem Royston, where he has served as manager and engineer for the past two years. Tommy is a native Mis sissippian, married and has two children, Gene and Allen. The Ptaks are currently apartment or house hunting in Jackson. Williamson, through another corporation, owns WLOV AM & FM in Washington, WBLW in Royston, Ga. and WCKM in Winnsboro, South Carolina. He was in radio five years prior to ownership and now has over 15 years radio experience. He is in the publishing business in Nash ville, Tenn., where he spends sev eral days each week and has just moved his family to Jefferson where he is developing a farm and going in the cattle business. He invites his new friends from this area to come over when they want to get away from it all and do some hunting and fishing. Herbert Shapard and his chil dren will continue to live in Jack son, Williamson stated. Al Gilbert Licensed To Ministry Henry Al Gilbert was licensed to the ministry on Sunday, Sept. 3rd, by the First Baptist Church of Jackson. Al will enter Truett McConnell at Cleveland on Satur day, Sept. 16th, to begin his stu dy for the ministry. During the summer months Al has worked at Indian Springs Group Camp, Conley Cove, and was minister of music at Jen kinsburg Baptist Church. He is the son of Mrs. Anna Ruth Gilbert and Henry Lee Gil bert, both of Jackson. LIBERTY BAPTIST CHURCH TO HAVE SINGING SUNDAY Liberty Baptist Church will have its regular monthly singing Saturday night, September 16th, at 8 o’clock, wilth a special group of singers from Macon to appear. The public is cordially invited to attend. Judge Andrew J. Whalen, Jr. of the Griffin Judicial Circuit has ordered a second primary to nominate candidates of the Democratic Party for the offices of County Commissioner of Butts County to be held on September 26th and as of noon Tuesday, September 12th, three candidates had qualified for the three posts. In the event a run-off is needed, Judge Whalen has set it for Oc tober 3rd. Judge Whalen ordered that the qualifying dates for said primary extend from 9 a. m. on Septem ber Bth through 5 p. m. on Sep tember 15th. The court order re quires that candidates shall desig nate the positions they seek by each of them specifying the pres ent incumbent such candidate opposes. Those candidates who ran in the August Bth primary are not required to pay addition al qualifying fees. Judge Whalen ruled that other candidates may qualify by paying the $120.00 fee as paid by candidates in the original primary and designating the position sought. Richard W. Watkins, Jr., chair man of the Butts County Demo cratic Executive Committee, said that the committee, in concur rence with Judge Whalen, had designated Dan Fears, incumbent, as running to succeed himself, but not necessarily as chairman, in Post No. 1. Both Mr. Watkins and Mr. Fears pointed out that the post positions were arbitrarily set and that the chairman is the candidate receiving the largest number of votes in the general election in November. Incumbent Commissioner D. W. (Dave) Bailey is running for Post No. 2 to succeed himself, while Hammond Barnes, incum bent commissioner, will be a candidate for Post No. 1 against Dan Fears. As of noon Tuesday, Mr. Bailey qualified for Post No. 2, Mr. Fears and Mr. Barnes for Post No. 1 and Herbert Shapard for Post No. 3. Candidates are to qualify with Doyle Jones, Jr., secretary of the Butts County Democratic Execu tive Committee, who reminds that the deadline for qualifying is five o’clock Friday afternoon, September 15th. The second primary was ord ered held by Judge Whalen upon a suit brought by four candidates for commissioner and an elector contending that the primary was held invalid and void because candidates qualifying in the August Bth primary did not des ignate their opponents. Both the order and supple mental order of Judge Whalen are printed in their entirety in , this issue of the Progress-Argus. IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA A. L. HOLLOWAY, JIMMY (JIMBO) DARNELL, GE R Y HOARD, A. G. COWAN, and THOMAS TAYLOR, Petitioners vs. D. W. (DAVE) BAILEY, DAN FEARS, HAYWOOD HODGES, HAMMOND BARNES, and L. J. WASHINGTON, Respondents Civil Action, Case No. 1635 ORDER Petitioners brought thfc within complaint seeking to have declar ed invalid and void the nomina tions of D. W. Bailey and Dan Fears by the Democratic Party for the office of County Com missioner of Butts County, Geor gia, and seeking to have declared invalid and void the declared eligibility of Haywood Hodges and Hammond Barnes to seek the nomination for the office of County Commissioner of Butts County, Georgia, in the run-off primary. Respondent, Dan Fears, has filed herein a demand for jury trial. Upon consideration of the issues and evidence herein it is the finding of this court that there is no issue involved upon which said named litigant is en titled to have a jury trial; it is readily apparent that the deter minative issue is whether or not the candidates seeking nomina tion as the Democratic candidates for County Commissioner in the Democratic Primary properly qualified, and whether or not the election officials properly made up the ballot and ballot labels. Under the evidence presented to the court this issue resolves itself into a question of law, and this court does hereby dismiss said demand for a jury trial and will proceed to determine this matter without a jury. (Ga. Code Ann. 34-1015). In addition to the aforemention ed demand for jury trial, Dan Fears and D. W. Bailey each filed an answer, and D. W. Bailey also filed a motion to dismiss. Mr. Fears contends that the complaint fails to state a cause of action; denies that the petitioners are entitled to any relief; contends that petitioners have waived their rights and are guilty of laches; and further contends that the Act of 1970, pp. 347-369 which requires a candidate to designate the particular office sought in certain cases, (Ga. Code Sec. 34- 1015) is in violation of Article 111, Sec. VII, par. VIII of the Constitution of the State of Georgia of 1945 (Code Sec. 2- 1908) and is unconstitutional and void. I D. W. Bailey contends in his answer that the complaint fails to state a claim upon which re lief can be granted, contends that D. W. Bailey has been duly nom inated for the office of County Commisioner, and contends that the portion of the Act heretofore referred to is unconstitutional upon the same grounds relied on by the respondent Dan Fears. The evidence adduced upon this hearing shows that all the candidates in the Democratic primary held on August 8, 1972, for the office of County Com missioner of Butts County, Geor gia, were simply listed on the ballot in alphabetical order with the instructions to the voters to vote for three (3), with the word “incumbent” listed after the names of candidates Bailey, Barnes, and Fears. The evidence further shows that Bailey and Fears were the two (2) candidates who received the highest number of votes, re spectively, and that the Ordinary of Butts County has certified that Bailey and Fears were nom inated by the Democratic Party as candidates for Commissioners of Butts County, Georgia, and has further certified that Hodges and Barnes are eligible to com pete in the run-off of the Dem ocratic Primary to fill the other nomination of the Party for the candidate of County Commis sioner. Acts 1970, pp. 347, 369 (Ga. Code Ann. Sec. 34-1015) states as follows : i “Candidate required to desig nate specific office sought in certain cases.—ln the case of a candidate seeking one of two or more public offices, each having the same title and to be filled at the same election by the vote of the same electors, such candi date shall, when qualifying with his party in the case of a primary and when filing his notice of can didacy in the case of an election, designate the specific office he is seeking by naming its incum bent or by giving other appro priate designation. Such designa tion shall be entered on the bal lot and ballot labels in such man ner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office.” It is apparent that the Ordi nary of Butts County, acting as Superintendent of the Election, has failed to comply with the provision of the law hereinabove stated. In the instant case it $5 PER YEAR IN ADVANCE appears that the candidates did not properly qualify and the Or dinary failed to propertly make up the ballot. Under the Act of 1964, Extra Session, pp. 26-178 (Ga. Code Ann. Sec. 34-1703) the result of a primary election may be con tested on the grounds of an ir regularity by the primary or election offical when that irreg ularity is sufficient to change or place in doubt the result of the primary. The evidence in the present case clearly shows that the irregularities involved herein placed all the result of the pri mary in doubt, as to all candi dates for the office of County Commissioner and said primary, by reason thereof should be, and is hereby, held to be invalid, void, and of no effect as to this of fice, and the Ordinary of Butts County, Georgia, as Superinten dent of Elections, is hereby or dered and directed to call a sec ond primary to fill the Demo cratic nominations for the offices of County Commissioners of Butts County in compliance with the law, as set out in Acts 1970, pp. 347,369 (Ga. Code Ann. Sec. 34-1015; Acts, 1964, Extra Ses sion, pp. 26, 183 (Ga. Code Ann. 134-1708 (D) ). This court finds that the com plaint does state a claim on which relief can be granted, that petitioners are entitled to some of the relief prayed for, that pe titioners have waived none of their rights in this matter and are not guilty of laches, and that the contents of Ga. Laws 1970, pp. 347, 369, (Ga. Code Sec. 34- 1015) is not unconstitutional or void as contended and that no candidate has been duly nomina ted as a Democratic candidate . for the office of County Com missioner of Butts County, Geor gia, and, further, the motion to dismiss filed by the respondent, D. W. Bailey, should be and is hereby overruled. This sth day of September, 1972. ANDREW J. WHALEN, JR. Judge, Superior Courts, Griffin Judicial Circuit SUPPLEMENTAL ORDER The order entered September 6, 1972 is hereby supplemented and modified as follows: A second primary to nominate candidates of the Democratic Party for the offices of County Commissioners of Butts County, Georgia, is hereby called to be held on the 26th day of Septem ber, 1972, according to the laws governing the holding of such primaries. It is further ordered that the qualifying dates for said primary extend from 9:00 A. M. on September Bth, 1972, through 5:00 P. M. on September 15th, 1972. Candidates who qualified for the August Bth, 1972, pri mary, shall designate the posi tions they seek, by each of them specifying the present incumbent such candidate opposes, but shall not be required to pay any addi tional qualifying fee. Other can didates may qualify by paying the same fee as paid by candi dates in the original primary and designating the position sought. If no candidate receives a ma jority in any one of the contests for such office, a “run off” pri mary shall be held on October 3rd, 1972, to determine the win ner (s). A candidate shall specify the position sought by naming the incumbent whom he seeks to succeed. The Ordinary, as Superinten dent of Elections, shall certify the persons nominated for each position at such primary as the nominees of the Democratic Par ty in General Election of Novem ber 7th, 1972, and as candidates in said General Election. This the 7th day of September, 1972. ANDREW J. WHALEN JR. Judge, Superior Courts, Griffin Judicial Circuit.