Newspaper Page Text
Wqt Mantiptntry Mottttor.
VOL. XXVIII.
WOULD ABOLISH
WHEELER COUNTY
TESTS CONSTITUTIONALITY
Case of Ben Moore Used to
Try an Important
Legal Point.
Since the creation of the coun
ty of Wheeler, there has not only
been continued strife within its
borders, and several legal con
tests over its internal affairs, but
there has been quite a lot of
argument over the constitutional
ity of its creation as a county.
One of Georgia’s strongest legal
authorities on constitutional
points has always claimed that
there was no legal creation of
Wheeler county.
Without any attempt to ad
vance any argument pro or con
on the subject, we recall that the
matter was forced before the
national election for ratification
by the people by a provision in
the bill inserted at the last mom
ent before the bill was submitted
for a vote by the legislature.
This being in glaring contrast’’
with the ratification of other new
county amendments at the gen
eral state elections, naturally
caused the question of its con
stitutionality to be raised at the
time.
A case to test the matter will
be argued before Judge J. B.
Park at Sparta, Ga., on Monday
next, brought on a petition for
habeas corpus by Ben Moore, for
the release of Marshall Moore,
the first and only negro convicted
of murder in Wheeler county.
Marshall Moore being confined at
the state prison farm in Baldwin
county gives Judge Park, judge
of the superior court of Baldwin,
jurisdiction in the matter.
The petition sets out that Moore
is deprived of his liberty by a
court that did not exist by reason
of the fact that there was no
legally constituted county of
Wheeler and could not be any
such court as the superior court
of Wheeler county, attacking the
warrant for arrest on the same
grounds.
The two main points raised be
ing that the ratification of the
amendment creating itwas a null
ity because it is in direct conflict
with Article 13, Section 1 of par
agraph 1 of the Constitution
which declares that all amend
ments shall be submitted to the
people at the next general elec
tion, the election held on Tues
day after the first Monday in
November, 1912, was not the
general election at all within the
meaning of the section above re
ferred to. The other principal
contention is that no such county
could be created because the Con
stitution in Article 11, Section 1,
paragraph 2 expressly declares
that “There shall not be more
than one hundred and forty-five
counties in this state,” that the
limit of 145 counties had been
reached, and that the bill did not
provide for any change in the
STATEMENT OF THE CONDITION OF
r*LOUr\t Verr\on Bank>
Located at Mt. Vernon, Ga., at the Close of Business Sept 12, 1918:
resources :
Demand loans $ 692 98
Time loans 109.725 OH
Overdrafts unsecured I .OKI On
Hanking house, 5.000 oo
Furniture and fixtures, 2.032 92
Other real estate 2D2 51
Due from banks and bank
ers In this state 11.975 9H
Due from banks and bank
ers in other states 265 38
Currency $1.438 00
Gold 150 00
Silver nickels, etc. 1,272 58 2,800 58
Profit and loss 21 59
Total. $133,858 62
STATE OF GEORGIA-Omnly of Movttfomery.
before me came H. L Wilt, Aast. Caahicr of The Mt. Vernon Bank, who b*iriK duly a worn,
gay 4 that tli hlkiv. mu 1 son K‘.ing ataVom nt in a true oonditi mos aaid Bank, an Hhowu by
tin hooka of tile in naiil bank H. L. WILT.
Sworn *o and gubsciibed before me thia 15th day of Sept.. 1913.
JAS. F. CURRIE, Com. N. P. M. Co. Ga.
Soperton.
Special Correspondence.
Mr. and Mrs. C. H. Peterson
and children left Sunday for At
lanta where they will spend sev
eral weeks.
Mrs. J. H. Pritchett and chil
dren are visiting friends and rel
atives in Cary.
Messrs. Jim Dukes and Charles
D. Williams left Tuesday to at
tend a medical college in Atlanta.
Miss Mae Tyler of Virginia ar
rived Saturday to take charge of
the music class here.
Miss Luella Smith is a charm
ing young guest of her sister,
Mrs. R. E. Ward.
Rev. R. L. Webb pastor of the
Methodist church here and Miss
Julia Hicks of Conyers, Ga. were
united in marriage Thursday last.
They are to make Soperton their
home.
Miss Brooks of Atlanta who is
to be at the head of B. A. Rowe’s
millinery department has made
her arrival here.
Rev. L. M. Jessup who has
been pastor of the Baptist church
here will leave shortly for Louis
ville Ky., where he will attend
the Theological Seminary.
Mr. Lester Gillis of Adrain
spent a short while here Monday.
Mr. W. C. Futrill spent Tues
day in Macon.
Mrs. C. L. Holmes and Miss
Luella Smith spent Tuesday in
Macon.
Mrs. Rebecca Hines of Wrights
ville is visiting Mrs. Lamar
Holmes.
Prof. Dewberry and family ar
rived last week. He will take
charge of the school here.
Miss Crane of Morrow, Ga.,
has arrived to take charge of the
Racket millinery department.
Misses Abbie Doughtry of
Cobbtown and Kelley Mann of
Uvalda are the attractive guests
of Miss Bessie Barwick.
Mrs. Nellie Roach and daugh
ters, Alma and Marie are spend
ing a few days with friends in
Mt. Vernon this week.
Miss Lida Gillis and Mr. Lonzo
Gillis left Monday to attend
school at Gillis Springs.
“Big Tim” Sullivan, whose
body was identified after lying in
a New York morgue 13 days, was
a member of the present con
gress, but did not attend because
of ill health. He was buried
with great honors by his former
friends in the East Side. -
constitution allowing the number
to be increased before attempt
ing to exceed that number. In
short, that the legislature should
first have had authority to in
crease the number beyond 145.
Wheeler county seemed to ig
nore the matter at first, but this
week Hon. W. S. Mann of Mc-
Rae has been retained and will
represent them at the hearing
in Sparta, where Judge Park is
holding court. Hon. M. B. Cal
houn of Mt. Vernon and Hon.
Warren Grice of Hawkinsville
are representing the petitioner.
In view of the fact that Wheel
er has been operated as a county
for several months and manv
debts have been created and
various matters arising that
would cause confusion, the ques
tion becomes a complicated one.
Os course, the matter will finally
be threshed out before the su
preme court, and the outcome
will be watched with interest.
LIABILITIES :
Capital stock pain in, $15,000 00
| Surplus fend, 30,000 00
Cndivided profits, less cur
ex’s.. inf. and faxes pd. 2,904 82
Individual deposits subject
to check, 24,103 96
Savings deposits 10,850 48
Time certificates 50,563 39
Cashier's checks 435 97
Total, $133,868 62
MT. VERNON, GEORGIA, THURSDAY, SEPT. 18, 1913.
General News Items
Told in Short Meter.
The dismembered body of a
girl found last week in the Hud
son river near New York proved
to be that of Anna Aumuller, and
Hans Schmidt, a Roman Catholic
priest has confessed to the mur
der.
1). E. Baxter of Memphis kill
ed the father, mother and broth
er of his wife when he called
Monday and demanded to see his
wife from whom he had been
separated for some months. He
reloaded his shotgun and walked
away.
Col. B. R. Calhoun of Eastman,
who went to England in quest of
a fortune said to have been left
to the heirs of Elizabeth Bain,
scattered over Dodge and Telfair
counties, has returned without
securing anything for them.
A. L. Sasser, a prominent mer
chant and farmer of Bonaire,
Ga., killed a negro Sunday morn
ing, said to have been done in
self defense.
Farmers of Tuscaloosa county,
Alabama, complain that deer are
destroying their crops, but the
state game warden says they
must not be shot before Nov. 1.
While Savannah’s fire chief
was making a run to a fire on
Monday, his auto struck M. Z.
Overcash who was riding a
bicycle, and Overcash was in
stantly killed.
J. M. Stewart, a farmer near
Rome, Ga., was struck on the
head with an oak club by Nick
Carver of Rome while at a “keg
party” on the banks of the Coosa
river, and Stewart died after
Carver escaped.
Seven persons, including a
minister of 60, spent Saturday in
jail at Rome, Ga., under charges
of contempt of court in com
pounding a felony by concealing
evidence and witnesses in cases
of rape and seduction.
Progressive Company
Brands Falsehood.
I am sure that our many policy
holders will be gratified to learn
that The Empire Life Insurance
Company is still doing business
in Mt. Vernon and vicinity de
spite many unfounded rumors to
the contrary. A report was re
cently circulated that one of our
best men was discharged from
the service of this Company, and
we wish to say that this report
was not only unfounded, but
that certain developments have
made us appreciate the services
of said representative more than
ever before. We respectfully re
quest that the good people in
this section will not be misled by
any further ridiculous rumors
that may be circulated by our
competitors. Any request for
correct information in connection
with anything pertaining to our
business will be gladly answered
by us direct. We will be glad to
have our representative call upon
request received at this office.
H. L. Dyer, Supervisor,
The Empire Life Ins. Co.
709 National Bank Bid,
ad Savannah, Ga.
Odd Fellows to Entertain.
The Ailey Lodge of Odd Fel
lows will entertain members of
the order and their friends on
Friday (tomorrow) afternoon.
At 3:30 Rev. W. S. Harden of
Cordele will address the assemb
ly, and a rare treat is in store for
who can attend. Mr. Harden
is thoroughly posted on the his
tory and workings of the order,
and his talk will well repay all
who hear him. "
After the address lunch will Ire
served, and members of the order
and their friends are invited to
attend. The hospitality of Ailey
people is a matter of history, and
a nice time is expected.
Edward Barber of Lowndes
county, working at Dasher’s cot
ton gin near Valdosta, was caught
by a belt and carried into the
machinery and died on Monday
from the injuries received.
The body of William J. Gay
nor, mayor of New York, who
died on Wednesday of last week
in mid ocean, after lying in state
in Liverpool, is now on board the
Lusitania returning to New
York.
The new St. Luke Methodist
church building in Columbus was
dedicated on Sunday, Bishop
Warren A. Candler officiating.
John Hawkins of Erie, Pa.,
committed suicide Monday after
noon by jumping into the Niaga
ra river just above the whirlpool
rapids.
Maj. S. M. Green is dead at
Alexandria, Va., at SO years of
age. He was chief engineer
when the Seaboard Air Line road
was built from Savannah to
Montgomery.
At Quincy near Boston a cow
developed rabies and barked like
a dog and had to be killed. She
was bitten by a dog six weeks
ago.
Policeman Witcher of Greens
boro, N. C., who was shot Satur
day night in a mob while trying
to arrest a negro, died of the
wound Monday morning.
Goldfield, Nev., was swept by
a torrent from a cloud burst on
Saturday that caused a loss of
five lives and damaged property
to the extent of SIOO,OOO.
The $71,000 stolen from a safe
en route from New York to Sa
vannah by express last week,
shipped to Southern banks, has
not been recovered.
Gov. Slaton has appointed Ben
H. Hill judge of the new super
ior court created for Fulton coun
ty. Judge Roan takes Hill’s
place on the court of appeals,
and C. S. Reid, now solicitor of
the Stone Mountain Gircnit, gets
Judge Roan’s place as judge of
the Stone Mountain Circuit.
Protracted Services This
Week at Methodist Church
Protracted services are being
held this week at the Methodist
church. Services are only held
at night, preaching at 7:30. The
pastor is being assisted by Rev.
Lum Morrison of Glen wood.
You are invited to attend.
The Stranger.
A stranger knocked at a man’s
door and told him of a fortune to
be made.
“Um,” said the man. “It ap
pears that considerable effort
will be involved.”
“Oh, yes,” said the stranger,
you will pass many sleepless
nights and toilsome days.”
“Um,” said the man, “and
who are you?”
“I am called Opportunity.”
“Um, ” said the man, “you call
yourself Opportunity, but you
look like Hard Work to me.”
And he slammed the door.
A Square Deal.
Give the people a square deal.
We have done this the past two
seasons, and as a result so far
this season we have received more
cotton than ever before. We
give the correct weight, tell them
the grade and show them the
market price, and knowing what
it cost to handle, they refuse any
but a fair offer. We represent
the Southern States Cotton Cor
poration. Bring your soiling cer
tificate.
VIDALIA WaKKHCMJSK,
ad Vidalia, (fa.
What a Mate Does.
The Chicago Tribune tells this
one:
“This, ladies and gentlemep,”
said the showman, “is a moving
picture of an old-time steamboat,
mate in action.”
“But he dosen’t seern to be do
ing anything,” objected a man
in the audience, who suspected
that the picture was a fake.
“Don’t you see his lips mov
ing?” sharply retorted the show
man. “He’s swearing to beat
l the band!”
Ailey Paragraphs.
Special Correspondence*
Mr. Snooks of Effingham coun
ty i.- a guest for some days at the
home of his brother, Mr. B. R.
Snooks.
Mr. Chas. Peterson of Uvalda
spent Sunday with home folks.
Mrs. T. A. Peterson and chil
dren are visiting the old home
stead at Scott for some days.
Mrs. J. M. D. McGregor and
sister, Miss Mcßride, visited
Uvalda relatives this week.
Mrs. Dr. Strickland and son of
Pembroke spent the day pleas
antly Friday at the home of old
friends, Dr. and Mrs. Sumerford.
Mrs. G. W. Skipper was the
guest several days this week of
her daughter-in-law, Mrs. M. L.
Skipper. She was en route to
her home in Columbia, S. C., af
ter a visit of some length with
relatives in Florida and Georgia.
Dr. and Mrs. Mobley, with
Miss Lilia Mae and Mr. Dewitt
Calhoun, of Uvalda were with
friends here Sunday.
Mrs. Stanley and Mrs. Smith
of Collins wore guests at the
home of their brother, Dr. J. W.
Palmer. Monday.
Miss Lila Riddle returned Tues
day to Bessie Tift to resume her
studies.
Mr. Leslie Squires of Douglas
is with friends here for a few
days.
MEMORIAL.
Death has again entered our
midst, and has taken W. H.
Tharpe to his reward. He was
born in Johnson county in 1851,
and spent fifty-one years of his
life there, but for the last ten
years has lived in Montgomery
county near Orland. For sever
al months Mr. Tharpe suffered
from tuberculosis of the throat,
spending some time at sanitari
ums in Sandersville and Vidalia,
but without relief; and on Sun
day night, August 31, at 8:30
o’clock he passed to the “sweet
beyond” where pain and sorrow
is not known. As a husband and
father he was faithful and de
voted, as a neighbor he was kind
and obliging, and as a Christain
he was earnest and noble. He
was a member of the Primitive
Baptist church at Rock Hill in
Emanuel county, and had been
in the service of his Master 45
years. All that kind hearts and
and loving hands could do was
done, but “the Lord gave and
the Lord bath taken away,” and
in bis infinite wisdom saw best
to call Brother Tharpe to Him
self, nd w ■ must be resigned to
his , I. “esides hundreds of
friends he left, a devoted wife,
Mrs. Mary V. Tharpe, and the
following sons and daughters:
Ezra and J. 11. Tharpe, Orland;
W. F. Tharpe. Statesboro; Mar
vin Tharpe, Rockledge; Mrs. B.
W. Fulford, Sandersville; Mrs. J.
W. Greenway and Mrs. W. I.
Hatcher, Orianna; and little Miss
Naomi, residing with her mother.
M.
CARD OF THANKS.
To our many friends who so
graciously assisted us in the late
illness and death of our father,
W. H. Tharpe, and we extend
our heartfelt thanks, and pray
God’s richest blessings upon each.
J. E. Tharpe, Mrs. Alice Hatch
er, Mrs. John Greenway, W. F.
Tharpe, J. M. Tharpe, J. H.
Tharpe, Mrs. W. B, Snow, Mrs.
B. W. Fulford, Mrs. Mary V.
Tharpe.
Statement ot tin- condition of
111 K HANK OF SO I* FUTON,
Located at, Soperton, On., at the clone of Muninewß Sepf. 12, 19151:
RKsol lif ES
iJcruand Jouiih /
Time f 1114,524 0>
• >vdi draft* utiHocured 010 on ;
bond* ami Ktoc-kw owned by batik 150 00
Bankiok Hoti 1(1,082 27
Fnrnitro» and Fixtnrca 5,200 88 j
Other real mrtatn H,120 50 ,
Ijim from bank* and Imokera in
thin utate * 20,055 75 i
Ijiic from bank* and banker* in other
*tat< h 5,265 3$
<in i ency I,4 *M) 00
Gold ' 42 50
Slid Nickel*, etc. 243 01
Cash Item* 035 70
Advance* on cotton 2,420 04 4,8tf7 94
Total $170,0X5 32
HrATK OP (IKOIltilA MoiHK"nn ry County.
jjcfnre im- ram. I K Hull, «t i'h- Hank ..f ■•v.pcrh.u *lto, being <l«ly •worn mi
that ilm; .tin-v«: tii'l i»Tat( i<u*nt it* ;i *ni«- mrln»■ >ii ‘if .■« t. ! Itauk a» shown bv the
of file in twill Bank. J E HALL,
bworn to mid nnb*i:iioo<i before me, thia litli day ol dept., 1913.
(i. U. Tyler, Com. S. P. M. C., Q*.
JUDGE MARTIN
DIED SUNDAY
AN HONEST LIFE IS CLOSED
Was Emiment Jurist and a
Gallant Confederate
Veteran.
At his home in Hawkinsville
on Sunday morning last, 3 o’clock,
Judge John Henry Martin passed
from the scenes of a long and
eventful career. His health had
been declining for some time and
his death was immediately caused
by a congestive chill.
Judge Martin was one of South
Georgia’s best known and most
beloved citizens, and in this brief
notice of his death a review of
his interesting and useful life
cannot be given. He was a na
tive of Decatur county, Georgia,
but closely related to the best
stock of old Liberty county, ai d
had lived 71 years when his actie
existence ended. He was an hoa
or graduate of Oglethorpe Uni
versity, and among his college
mates were some of Georgia's
best and most brainy men.
He fought through the Civil
war as captain of the home com
pany in which he enlisted, the
Decatur Guards, and in that great
struggle he was pierced seven
times by the bullets of the en
emy. liis career as a gallant
Confederate soldier would fill a
good-sized book, and in the busy
years of his after life he could
entertain the most exacting au
dience with the recital of his ad
ventures.
As judge of the Oconee Circuit
for eight years, our people knew
him best. No man ever wore the
ermine in Georgia who surpassed
him in a desire to see right and
justice prevail. It was only be
cause time had laid its inexorable
hand upon him that he was called
to rest from the duties of a ju
dicial career.
In private life he naturally
made a great number of friends,
and as a member of the Presby
terian church, in which he was
an elder, he was consistent and
true. As a conversationalist he
had few equals, and the trend of
his associations was toward the
social and moral uplift of all with
whom he came in contact.
The South had no more ardent
member of the Confederate Vet
erans, and his comrades paid him
the honor due to his valor in
electing him commander of the
Georgia Division at their reunion
in Columbus on Oct. 20, 1910.
He loved the gray uniform of the
Confederacy, and usually wore it
while presiding over the courts
of this circuit.
His second wife and one daugh
ter are the only ones of his fam
ily surviving. The funeral Tues
day morning was conducted by
Dr. A. B. Curry of Memphis,
Term., assisted by the local min
isters of Hawkinsville. The
floral offerings were beautiful,
coming from friends and the bar
of the Oconee circuit. The pall
bearers were Warren Grice, H.
F. Lawson, W. C. McAllister, E.
C. Smith and H. H. Sparrow.
Many lawyers from all over the
circuit attended to pay the last
tribute of respect, and the stores
and public school of Hawkinsville
were closed, and all joined in the
last sad rites.
Charles Rowe, a sailor of Du
luth, Minn., has a fortune of
: f.b,(JOO awaiting him at London,
Ontario, left by John Rispin, a
relative.
1,1 VIIIMTIKH:
Capital at,a k paid in 125,000 00
.SitrpliiH hind 5,000 00
Umiividod I’iotttH, Ibhh Current
<•*., int .mil taxm paid. 1,875 07
Individual In poaita aubjeut to ek. 86,836 Hit
Time e* itilieatea 51,501 Id
i < iualiter’a (diucka 801 9d
I iiilla payable including time cur.
rep. bur. money 55,000 00
Total 1176,015 31
___ -
NO. 21.