Newspaper Page Text
PAGE TWELVE
Top Court
(Continued from page nine)
taining equitable relief against
the City to uphold that fran
ehise.
2. Irrespective of the •-
mount of expenditures the hol
der of such franchise and his
transferee might have spent
in connection therewith, no
equitable estoppel will arise
against the City barring it
from challenging the validity
es the franchise since there
was evidence to show such ex
penses were incurred' with
knowledge of the invalidity
of the franchise and therefore
good faith was wholly lacking.
3. The evidence was suffici
ent to authorize the verdict
and the court did not err in
overruling the motion for new
trial.
Mid-Georgia Natural Gas Com
pany. the plaintiff in error, filed
a petition for injunctive relief
in Newton Superior Court against
the City- of Covington and cer
tain of its named officials, the
defendants in error, seeking to
enjoin them- from interfering
with the petitioner’s attempted
installation of a natural gas sys
tem pursuant to the terms of a
eertain franchise issued by the
City to one Calloway, the origi
nal holder of the franchise which
was later transferred to the pe
titioner. The allegations of the
petition allege that large sums
had been expended in making
the arrangements for the pro
posed distribution system in
Covington and that now the de
fendants were preventing it from
installing the system. The de
fendants filed an answer, deny
ing, in the main, the allegations
of the petition and the validity
of the franchise under which
the petitioner purported to act
and also filed a cross-action
seeking a decision on the vali
dity of the franchise. Certain
atipulations were entered into
and the case proceeded to trial
before the court without the in
tervention of a jury. A verdict
was returned in favor of the
defendants declaring the fran
rhise to be invalid and the evi
dence insufficient to show estop
pel of the defendants from as
serting the invalidity thereof.
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The prayers of the petition were
i denied and the franchise declar
: ed to be invalid. Thereafter the
petitioner filed a motion for
new trial which was denied, and
. the exception here is to that
' judgement.
Duckworth, Chief Justice.
1. The charter of the City of
j Covington is mandatory in its
■ requirement, as a condition pre
cedent to the adoption of an
I ordinance, that after being read
! the ordinance “shall be published
in full in the offical county
newspaper and shall not come
up for passage until five days
after such publication.” Ga. L.
j 1937, pp. 1718, 1722. This requir
ment accords with the general
rule on the subject. 37 Am. Juris.,
No. 151, p. 763. Very clearly this
requirement of publication is
designed to protect the citizens
of the City and as a restriction
upon the actions of the Mayor
and Council.
The procurer of the ordinance
granting the franchise in this
case is charged with knowledge
of this law. and its limitation
upon the power of the council
to adopt ordinances. The evi
dence in the record discloses
that the original ordinance fran
chise, after an amendment had
been added thereto, was, at his
urging, adopted without even a
pretense of complying with the
law requiring publication. This
conduct of his — procuring pub
lic officials to knowingly exceed
their lawful power in order to
give him possession of a docu
ment purporting to be a fran
chise for his use before an
agency of the Federal Govern
ment, for the purpose of deceiv
ing that agency and thereby pro
curing its action in accord with
his wishes — constitutes "un
clean hands” and is an insupera
ble bar to his obtaining relief
in equity. Tanner v. Wilson,
193 Ga. 211 (17 S. E. 2d, 581);
McKinney v. Atkinson, 209 Ga.
49 (70 S'. E. 2d, 769).
2 But counsel for the alleged
transferee of the franchise, hav
ing completely overlooked the
foregoing rule on “unclean
hands”, seek to invoke in their
behalf the rule of equitable
estoppel. In support of this posi
tion they cite and rely mainly
upon City of Summerville v.
Georgia Power Co., 205 Ga. 843
(55 S. E. 2d, 540): City of Atlan
ta v. Gate City Gas Light Co.,
71 Ga. 106; Langley v. City
Assured Os Results)
VotC AAorQ.D (Continued from page one)
Rockdale District Contestants
MRS. W. S. BROADWELL, Rt. 2, Conyers, polled the highest vote
both Wed. and Sat. and gained on the leader but held 2nd
high in total vote
MRS RUBY E. CHANDLER, Rt. 1, Lithonia, had the 7th high
Wed. vote, the Bth high Sat. and gained from 14th to 10th high
in total vote.
MRS. GLENN HOWARD. Rt. 1, Conyers, reported 1 subscription
last week and is 20th high in total vote.
MRS. GEORGE E. JOHNSON, Rt. 2 Conyers, reported 1 Subscrip
tion last week and is 19th high in total vote.
। MRS. J. C. KING, Conyers, reported the 4th high Wed. vote, the
7th high Sat. and held 4th place in total vote.
MRS. HAROLD THOMPSON, Rt. 2, Conyers, had the 3rd high
vote import both Wed. and Sat. and held 3rd high in total
vote. She is Ist for the Rockdale district prize.
Mrs. Mary Williams failed to report for one full week and
has been dropped from the list of contestants. Her votes have been
cancelled, cannot be transferred, and she forfeits all right to a
prize or commission according to the contest rules.
Negro Contestants
SUSIE LITTLE, Conyers, had the 9th high Wed. vote, the 11th
high Sat. and gained from 18th to 17th high in total vote.
HELEN NORRINGTON, Covington, had 1 subscription Wed., the
13th high Sat. vote, and gained from 15th to 14th in total vote.
ANNIE MAE TERREL, Covington, faiTed to report Wed. but had
the 12th high' Sat. vote and gained from 19th to 18th high
in total vote.
GARRETT WADE, Rt. 4, Covington, reported 1 subscription both
Wed. and Sat. and dropped from Bth to 9t hin total vote.
LAST CHANCE TO "GET IN LINE" TO WIN
With prize vote ballots of ONE MILLION VOTES, 750.000,
500,000 and 250,000 extra votes offered for turning in the MOST
MONEY for subscriptions THIS WEEK, contestants who put forth
EXTRA EFFORT can get in line to win by 9 p. m. Saturday, Oct.
23. This is the first and LAST CHANCE for contestants to win extra
votes. It’s the last chance for them to show what they are capable
of doing. Next week may be too late.
The fate of contestants hangs in the balance THIS WEEK. The
ones who campaign hard and GET BIG RESULTS NOW can win.
The ones who let rumors or anything else stop them with the end
in sight can’t hope for success. This is the BIG WEEK. It will
determine the PRIZE WINNERS. Therefore, it’s work to win
“NOW OR NEVER.”
Contestants Given
w
(Continued from page one)
vote ballots. Only individual
subscription votes, extension
votes on subscriptions, 2000,000
clube votes, and 25,000 for Wed
nesday and Saturday reports will
be given the final week of the
contest.
Contestants who have not made
their best effort to win up to
now must realize that the final
vote-getting opportunity is now
before them. To let it pgss with
out making a desperate effort to
get their biggest and best cash
subscription reports is to let op
portunity pass forever. To wait
until next week to make a real
effort to win means certain de
feat. It’s work to win “now or
never.”
Win Chevrolet Now-
Under this week’s vote pffer
contestants who are in the con
test to win can come to the front
by hard and persisent campaign
ing The ones who work for S2O
clubs or make an effort to get a
number of extension subscrip
tions can come through and top
the list in the final vote count.
"Promises” won’t win. "Excus
es” won’t win. But subscriptions
will win. Contestants who work
for subscriptions as the contest
nears the end will get better re
sults than they ever dreamed of
getting.
Public interest is now high.
People have been watching the
race since it started. Many who
refused to give subscriptions
earlier in the contest will nt>w
give them if asked to do'it.
Contestant who have held top
positions in the race up to now
must work harder than ever be
fore if they expect to be big prize
winners. To let up now or even
weaken means certain defeat and
bitter disappointment. The vote
margin by which any contestant
is leading can be wiped out by
some contestant whose Interest is
Council of Augusta, 118 Ga. 390
(45 S. E. 486). While in the cas'es
thus relied upon it was held that
since the actions of the cities
wire within their powers, and
the complaint was solely because
of an incorrect exercise of an
admitted power, and in relying,
in the utmost good faith, upon
the validity of the action of
the cities, great expenses, as in
the first case cited, had been
incurred over a period of more
than twenty years, it would be
unjust, inequitable and unfair
to allow the City to resort to
its failure to conform to the
law in the first instance, and
to prevent this, equity would
interpose an estoppel against the
City.
It would seem that the most
casual reading Os those decisions
with the facts in the present
case in mind would plainly show
the glaring difference in the vital
facts, and, therfore, the inappli
cability of those decisions here.
The defendent proved that the
original grantee of the franchise,
who is an officer of the petition
er corporation, and his alleged
I present successor, knew the in
validity of the franchise, and
j however much money they) might
j have expended it was done with-
I out believing they held a legal
| and valid franchise. Under these
; facts in this record an equitable
estoppel can not be justified to
deny the invalidity of the alleg
ed franchise. Consequently, the
verdict refusing to enjoin the
City was authorized by the evi
dence, and the court did not err
in overruling the motion for new
trial.
Affirmed. All the Justices con
, cur.
THE COVINGTON NEWS
stimulated by the nearness of the
end.
Close Next Week
The contest will be brought to
a close next Saturday under a
secret ballot box. The' final re
turns of contestants will be plac
ed in this box and a board of im
partial judges will be selected to
make the final count. This in
sures fairness to all contestants
and makes it impossible for any
one to know who will be the ul
timate prize winners. The
contestants themselves will know
how many votes they deposit in
this secret box, but they will not
know how many will be deposit
ed by their competitors, there
fore, no one will know how
many subscriptions or votes it
takes to win any of the prizes.
Big Subscriptions Count
Its the five or six year $9.00
subscriptions and extensions of
one and two year subscriptions
to five or six years that yield the!
most votes toward winning. By
getting a-few S2O clubs in these
big subscriptions, it is possible for
for any contestant to poll more
votes THIS WEEK than any
other contestant has to his or her
credit. The race so far has been
close , with only a few big sub
scriptions separating any of the 1
Contestants.
This is no time Jo say that "it
can't be done.” Contestants who
hink they can’t get any more sub
scriptions and make no effort to
find out can’t hope to achieve suc
cess in this or any other under
taking. This is the time for action.
It is the time for the most
resourceful contestants to win
the coveted prize. If any con
testant is ever going to make a
real effort to win, now is the time
to do it. Waiting until next week
may be too late.
Extension subscriptions are
now being accepted. If anybody
has subcribed for one or two
years and wants to pay further
in advance, the contestant taking
the extended subscription will
receive the difference between
the votes issued on the original
subscription and what the five
or six year subscription would
have earned, based on first period
votes. This plan makes it possible
for any active contestant to poll
a huge vote during these final
days. It makes "everybody” a
prospect for subscriptions, there
fore, the contestants who do some
real campaigning NOW ean come
to. the front and win in the final
count. It can be done — not by
wishing — not by putting it off
—but my making as much effort
as such prizes deserve. No con
testant can get too many votes.
It is better to win by millions than
to lose by one vote.
A. L Sockwell
Last Rites Held
Funeral services for Aubrie
Lee Sockwell, age 52 of Coving
ton, who died Monday, October
18 in an Atlanta Hospital, were
held Tuesday, October 19 at 3
p. m. at Sardis Church with
Rev. Edgar Callaway, pastor of
the Finst Baptist Church of
Covington, officiating. Interment
was in Sardis Cemetery.
He is survived by his wife;
one son, Samuel Harold Sock
well; one daughter, Miss Betty
Sockwell; two brothers, Thomas
Sockwell, all of Covington;
and Willie Sockwell of Atlanta;
three sisters, Mrs. Thurman Polk
and Mrs. Isaac Trusty, both of
Covington and Mrs. Starr Dial
of Oxford.
The NEWS extends deepest
1 sympathy to the members of
' the bereaved family. J. C. Har
well and Son were in charge
lof funeral arrangements.
THE
CHATTER
...BOX —
Local... County... State
By THE OFFICE BOY
(Continued from page one)
we trust our Heavenly Father
will be very near her in her
hour of need.
We regret to learn of the
passing of one of our pioneer
citizens in Mrs. N. Z. Anderson
. . . she has not been seen in
public for many months but in
her time was one of our most gra
cious ladies . . to her beloved chil
dren and family go our heartfelt
sympathy ... in their bereave
ment . . . Guy Jones’ mother
also passed away this week at
Emory Hospital where she had
been taken as a result of an
automobile accident . . . our
sympathy to Guy and his sister
and other relatives who have
suffered bereavement ... It is
rather ironic that this precious
lady had lived such a long and
useful life to be cut down in her
later years by an automobile
accident.
One of our most prominent
citizens will reach his 90th
Birthday this week ... He is a
grand and glorious person . . .
still active mentally , . . not so
strong physically ... but still
straight as an arrow, symboliz
ing the true Southern Gentle
man . . . “Uncle John,” as he
is called by those related to him.
is still going strong . . . and we
hope for him that he will en
joy many, more birthdays
BIG VALUES IN RICH,
HIGH-PILE 9x12 ~ ' ■A "
AXMINSTERS . S
Normally would be
$59.95!
49 95
Rug prices take a nose dive at RAMSEY'S! Don’t
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you long years of wear. All kinds of lovely new pat
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You'll want several!
BROADLOOM ... a really wonderful 0 ? V
selection priced as low as $4.95 sq. yd.
27" STAIRWAY A i
HALL CARPETING
Why have slippery,
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2.98 Yd. X
Now Save On Easy-To-Keep
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F7 s ° 77 °lO 95
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EASY CREDIT TERMS!
RAMSEY Furniture Co.
"Covington's Oldest Furniture Store"
COVINGTON, GEORGIA
(Largest Coverage Any Weekly In The State)
Oh, by the way ... his last
name is Stephenson.
All of you folks better be sav
ing up so rthat big day the merch
ants of Covington are working
toward . . . they are busy buy
ing special merchandise to be
offered at extremely low prices
. . . Just save your dollars . . .
they will look like cartwheels
when you see what they will
buy in November during the
Annual Merchants Dollar Days
. . . just watch The Covington
NEWS . . . Your newspaper . . .
for details.
We are all proud of our girls
who, with their director, Alcie
Penick, brought credit to our
community by singing at the
State Kiwanis Convention held
in Altanta at the Biltmore Hotel
the first of this week tinder the
name of Newton County Sex
tette . . . thev appeared on the
luncheon program and received
hearty applause ... in fact they
were the Belles of the Conven
tion . . . we know the parents
of these lovely girls are proud
of them and we share in their
pride for they are our very own
girls.
Can’t get away from our Hos
pital and how beautiful this
building is both inside and out
. . . and our Covington Garden
Club has voted to spend SI,OOO of
their own money in beautify
ing its grounds as well as using
many shrubs and plants donated
. . . aren’t we proud? Can’t stop
talking about it but we must
get to our . . .
SWEEPIN’ UP.
Despite statewide drought ef
fects, Georgia’s retail sales for
July revealed sl7 million in
crease over July, 1953, according
to the Georgia State Chamber of
Commerce report released to
day. Newton County’s July sales
amounted to $1,66,515 as com
pared with $1,095,324 for the
same moth last year. June, 1954,
sales amounted to $1,017, 485
here.
Moody Summers
Jr. Named GRFA
Director
Moody C. Summers Jr., active
in the management of Coving
ton Furniture Company, and
prominent in community affairs,
was named a director of the
iludge Formation...
dogging of Krews, filter*, and
ler ports
es Already-formed Sludge...
Bating system—improves operation
> Possible Blending of High
J. Fuels .. « assures more deon
ter gallon
ents Rust Formation...
es fuel tonki—lines last longer
M. H. WAGGONER,
Distributor SB
TELEPHONE 4061 COVINGTON, GEORGIA
Thursday, October 21, 1954
Georgia Retail Furniture Asso
ciation at a meeting held last
I week in Macon.
Others from Covington in at*
tendance at the meeting in
cluded: George Bailey, of Cov
ington Furniture Co.; Don Wood,
of Drake-Wood Furniture Co.;
and Tyrus Wood and W. O.
“Bill” McDowell, of Henson
Furniture Compapy.