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SIPERIOR COURT CONVENES
10 GRAND JURY ORGANIZED
Leading Citizens of County in Their Place
For Jury Service And G. W. Young
Elected Foreman Grand Jury.
The superior Court of Bartow coun
l;i its regular session on Mon
■' aioming of this week, Judge A.
V, L ite presiding with Solicitor Gen
: .\iaddox in his place.
.vat r the judge charged the jury on
matters deemed by him, a memorial
" vice was held in memory of Judge
4 M. Foute, late member of the bar
aui judge of the City Court of Car
tersvifle.
The grand jury was organized by th
selection of -Mayor G. W. Young, of
Cartersville, as foreman, and L. P.
l.ewis, of Cartersville, as clerk.
Tin# grand jury has on hand a large
volume of matters to handle and many
bills are to be considered by it, as
well as the various institutions and
other clerical business to be looked
into.
The grand jury, which is one of the
strongest bodies of men drawn for
jury duty in many years, is made up of
well known business men from
throughout the county.
G. W. Young, who the jury elected
r.s foreman, is the mayor of Cartdrs
ville, an office which he has held since
the establishment of commission gov
ernment for the city. Mr. Young is
universally respected because of his
scrupulous integrity, moral courage
and his knowledge of public affairs.
He is a native of Bartow county, is
known throughout the county and en
joys the confidence of all who know
him and is personally popular, and his
selection as foreman has met with
general approval.
L. P. Lewis, who, w.as fleeted as
clerk, is the junior member of the
firm of Adair & Lewis, one of the
most reliable and substantial busi
ness houses in Cartersville. Mr. Lewis
is the son of Mr. John P. Lewis, him
self a. highly esteemed and substantial
man of affairs. Mr. Lewis is well
adapted for the work which he has
been chosen to do on the jufy and is
held in popular esteem in business and
social affairs.
J. D. Taff is a successful farmer
and an honored and respected citizen
of the county and lives in the Euhar
lee district. .Mr. Taff is widely connect
ed, has extensive business matters to
attend to and will be serviceable to
his fellow members on the grand jury.
J. E. Barron, of Cartersville, has for
. "my years served as a rural route
Carrie, of mail and as such has made
an efficieiC public servant. He is pop
ularly known, highly esteemed, and
gives to jhe performance of hri duty
his best and most earnest efforts and
Mill be a valuable aid to the jury con
cerning all matters coming before it.
W. Taff is also a successful farm
er, well acquainted with the affairs of
Bartow county, was one time honored
bv the people with the office of coun
ty commissioner and is identified with
the progress and growth of the coun
ty. His advice and counsel will merit
tile consideration and thoughtful at
tention which the jury will give him
in its counsels.
W. T. Burton, of Cartersville, coun
ty commissioner elect, is known for
his energy, ability and concentration
to service and loyal attention to all
matters intrusted to his care. The
people have lately, by a most decided
vote, expressed their confidence in
his ability and integrity by electing
him a member of the board of com
missioners of roads and revenues, and
his acquaintance otherwise with the
needs of the county will make him a
useful member of the jury.
S. G. Dodd, of Euharlee, by reason
of his integrity and high moral charac
ter, enjoys the confidence and esteem
°f his fellowmen and has made a suc
cess of agricultural pursuits. Perfect
sincerity and manly qualities control
his actions, and his presence on the
jury will be that of one who will hon
estly and intelligently perform his
duties.
J. B. Foster, of Cartersville, is a suc
cessful merchant and senior member
of the firm of J. B. Foster & Son. He
has done business in Cartersville for
umny years, enjoys a large trade in
town and country and his business
dealings have always been character
ized by fairness -while his activities in
THE BARTOW TRIBUNE
public affairs have been intelligent
and earnest.
it. B. Smith, of Cassville, is one of
the oldest members of the jury ihouga
in appearance he does not show- it.
He is a veteran of the civil war, a sin
cere and earnest advocate of w-hat he
believes to be right and an intelligent
and progressive citizen who keeps
abreast of the progress of the times.
R. \Y. Landers, of Cartersville, is a
successful furniture dealer who has
built up a large and extensive busi
ness, and by reason of his business
capacity and ability, is likewise a di
rector of the First National Bank of
Cartersville. Mr. Landers in a quiet
way is said to assert more individual
influence in Cartersville and surround
ing country than that of any other
one citizen and this he has earned by
reason of an abundance of common
sense and soundness of judgment con
servatively exercised.
R. P. Eaves, of Cartersville, is a
merchant in whom all the people
have absolute confidence and whose
business integrity and pure citizenship
h.as made him a force among a host cf
acquaintances who respect and ad
mire him. Mr. Eaves is universally
known throughout the county and is
a valuable member of the jury.
T. A. Jenkins, of Cartersville, is a
quiet but earnest citizen, devoted to
the best interests of the community
and attached to the progress of the
county. Mr. Jenkins will be an influ
ential advisor in the counsels of th >
jury and is a safe, conservative citi
zen who will greatly aid in making
the jury’s recommendations accept
able and sensible.
P. C. Flemister, of Cartersville, is a
business man of large affairs and the
successful manager and large owner
in the wholesale business house known
as the Flemister Grocery Company,
and since he has established his busi
ness in Cartersville has extended it to
the limits of the Cartersville territory.
Mr. Flemister has a fine knowledge
of business principles and is a citizen
devoted to the Irest interests of the
community, and his advice will he
that of one whom his fellows will heed
and largely, if not wholly, follow.
AY. A. Jolly, of Kingston, is a busi
ness man whose connections by rela
tionship and in a business way are
extensive throughout the county 'and
whose knowledge of county affairs
through long residence and study of
conditions will he valuable to the jury
and will aid it in reaching correct con
clusions,
J. P. Walker is a farmer from the
Cassville district, well known through
out the county, and is a quiet, conser
vative, influential citizen and well fit
ted and qualified for grand jury ser
vice. He has a head of his own and an
intelligence which will supply a great
deal of information of use to the jury.
H. M. Donahoo is an efficient rural
route carrier who gives to the per
formance of his duties rigid punctual
ity, a courteous bearing and is devoted
lo the best interests of the county in
all its civic, social and business af
fairs. Mr. Donahoo enjoys the reputa
tion of giving to the decision of all
matters a fair, unprejudiced and im
partial mind with a great arid controll
ing desire to do right.
G. M. Isbel, one of the substantial
and successful farmers of Bartow
county, lives in the Euharlee district..
Mr. Isbel always responds to calls for
service as a citizen and gives to the
performance of his duty as such faith
ful. earnest and intelligent attention,
and asserts a quite influence which
amounts to a force among those who
know him.
A. B. Cunyus is associated with the
American Textile Company, and as a
business man, citizen and churchman,
brings to the performance of his du
ties in each capacity the same rule
of conduct. His friends are attached
to him and all who know him respect
him for his high ideals and lofty char
acter and his view's will be those of
one who will earnestly seek to have
(Continued on last page.)
CAirriIKSVILLE, GA., JULY TO, 1914
0000 10 COLE
DEFEAT TATE COUNTY
Adherents of New County
Finally Crushed By o\er
whelming Vote.
After a hard light which began at
the last session of the legislature and
has continued up to this time during
this session of the legislature, the
proposition to create Tate county out
of territory carved out of Gordon,
Pickens, Gilmer and Bartow counties
was defeated in the house Wednesday
by a vote of 139 to 44.
This will he welcome news to all
Bartow county and particularly that
section of the county which was
sought to be included within the
hounds of the proposed new county.
The people in this particular sec
tion, having already contributed the ! r
fair part towards the construction of
roads, bridges, court house, jail and
charitable institutions belonging to
Bartow county, would have been com
pelled to contribute again to the same
institutions in the new county of Tate,
and hence for this reason they are
very strongly opposed to being taken
out of Bartow county.
Besides this, they have become at
tached by ties of sentiment to the
county of Bartow and did not desire
to become disassociated with her pas l ;
and future* history and hence this w a
also a very controlling part of the
reasons why the people in this sec
tion of the county were opposed to
the dismemberment.
In these views the best people of
the county cordially sympathized and
they were strongly against any part
of the territory of Bartow county be
ing taken away and made part of an
other county.
Knowing the sentiment of the peo
ple of this section and of the whol 1
count y, Representatives D6dd .jy.iri
Cole led the fight against a strongly
entrenched and well organized force
who supported the new county, and it
is due to the active, untiring efforts
of these two representatives that th
propostition met with defeat in the
house of which they are members.
Those who were supporting the new
county were making strong claims j
that the propostition would carry and :
it is said there that very powerful in- !
fluences were at work to successfully i
bring about the creation of Tale j
county. It therefore required the ser- 1
vices and active work of intelligent
representatives to defeat the plan
and the people of the county are grate- j
ful to the efforts of Messrs. Dodd and j
Cole in their successful opposition.
Nothing has occurred which has so
strongly showed their influence
among their associates as the result
of the proposal to create Tate county,
and the many friends of Messrs. Dodd
and Cole are congratulating them for
the service they have rendered this
county.
It is thought now that the preposi
tion is dead. It is certain that the new
county will not undertake to incorpor
ate any part of Bartow county as long
as Dodd and Cole remain in the legis
lature.
RELEASED FROM HOSPITAL
NEWEILL RETURNS HOME.
William Newbill, who was stabbed
in the neck onrthe 4th of July in Car
tersville, from which injuries he came
near dying, was released from the
Cartersville Hospital Wednesday and
returned to his home in Paulding
county.
His many friends are greatly pleas
ed with his rapid recovery, while the
friends of his assailant are likewise
gratified to know that the assault
made did not prove fatal.
It will be remembered that Newbill
was stabbed by John Brown on the
morning of the 4th of July on Main
street across from The Tribune office
but Drs. Greene and Irwin being close
at hand were instrumental in saving
his life by seizing the jugular vein
which had been severed by the cut
and. thus preventing further loss of
blood which otherwise would have
proved fatal.
WEIGHING LI
HELD WO
Supreme Court Decides
Section Seven Destroyed
Entire Ordinance.
The Supreme Court of Georgia haud
ed down a decision Wednesday in the
case of Bob 11. McGinnis against the
City of Cartersville which declared
the weighing ordinance adopted last
year, and put into operation, invalid
because of the provision in Section 7
of said ordinance, relating to tare,
adds into the scheme of the entire
ordinance, and is made expressly ap
plicable to every article to be weighed
thereupon, a void provision, and for
that reason the whole ordinance fall -,
with it.
It will be remembered that during
the summer months of last year the
city commissioners adopted what was
known as ‘ The Weighing Ordinance”
which provided for the erection and
operation of scales for the purpose of
weighing cotton, corn, coal and many
other commodities in general use. It
provided further that all such com
modities must be brought to such
scales and that all purchasers must
accept such weight as being the true
of such article and prohibited the use
of other scales belonging to private in
dividuals, unless such commodity was
vjeighed upon the public scales and the
ftee paid therefor.
A weighing outfit was secured and
scales established and the city of Car
tersville thereby engaged in the busi
i ess of weighing cotton and other com
modities for a fee.
After the city undertook to put this
ordinance into effect Bob H. McGin
nis, a prominent cotton buyer and
merchant of Cartersville, resisted its
enforcement and appealed to the
courts for an injunction and after the
Was holly contested l>v able coun
sel represenmg .Mr. M<U Finis amFthe
City, Judge A. W. Fite decided that
all parts of the ordinance were valid
except as to the compulsory provis
ions, thus permitting Mr. McGinnis to
weigh cotton as hp had done before.
Both sides appealed to the Suprenme
Court and the cast; was argued at the
fall term of the court last year. Judge
■John H. Wikle, Judge J. M. Neel and
John T. Norris appearing for the city
and Messrs. Finley and Henson for
Bob H. McGinnis,
The plaintiff, Mr. McGinnis, through
his attorneys, also attacked the con
stitutionality o!! the commission gov
ernment charter 1n order to set up the
j claim that the officers who adopted
| the ordinance were not constitutional
J and legal authorities for the purpose.
The Supreme Court declared that,
the commission government charter
was constitutional; that the ordinance
was not invalid upon the ground of
special legislation. The court declared
‘‘a municipal act, requiring under pen
alty, bulky commodities like cotton
and corn for sale within city limits to
be weighed upon public scales main
tained by the city, is a valid exercise
of public power.” The court further
declared “that the wisdom of legisla
tion. within the power of the municip
ality to act, is to be decided by the
proper municipal authorities.
The court further declared that the
ordinance was not unreasonably,or in
restraint Of trade and was designed to
prevent fraud and was not being ad
ministered unconstitutionally. TANARUS, e
court decided that it does not engage
the city in commercial business. It
further decided that while the ordin
ance makes the penalty for its viola
tion ninety days imprisonment wh lr
the charter limits such penalty to six
ty days this does not render the ordin
ance invalid but simply limits th"
term of the imprisonment to sixty
days.
The court further stated “we are in
clined to think that the preponderance
of the ordinance tends to show that
the probable effect of the enactment
and enforcement of the ordinance will
be to increase the cotton trade in Car
tersville by insuring fair and correc
weights of that commodity.”
The court further declared that “one
of the plaintiffs contends that the en
forcement of the ordinance will injure
his business of buying and selling cot
ton, but whatever injury or inconven
ience one may suffer in such cases,
he is, in the eye of the law, compen
sated by getting the common benefit
of the public.
The court further decides, however.
CANDIDATES FOR SEIIHF
IIVADE mm SOfHTY
First Three Days This Wt ek L m r Slaton,
Felder and Cooper, And Ah Are
Warmly Greeted.
Gov. John M. Slaton add e sand the
people of Bartow county in the court
house last Monday arToniooh on th >
tax equalization Jaw which has just
been put into effective operation.
.Mi-. Slaton came at the invitation of
Judge Thes. W. Mihrer and Judge
John H. Wlfele, who were anxious to
have the law defended by Gov. Slaton
because of attacks Hurt have b> en
made upon it.
Gov. Slaton, ufrer being introduced
by Judge Milner, entire, at once upon
his theme and in no wise discussed o.
touched upon politics. He clearly
championed the merits of the measure,
and, in an address of more than an
hour, held the attention of his audi
ence throughout. It Is doubtful tha
anyone left the court house agains.
the measure and it is sure that all
were very much pleased with the gov
ernor’s address and satisfied with hL
manner of handling his subject.
Gov. Slaton showed that theta as
certain fixed charges imposed upon
the people by the constitution which
had to be met by taxation and that the
legislature was powerless in any way
to reduce these. He showed that th<
great amount of taxes was made nec
essary because of the policy of the
state to educate the young and to pen
sion the soldiers of the confederate
army.
He set forth many examples of glar
ing inequalities in taxation which had
heretofore existed now changed and
stated that the purpose of the law,
as well as its operation, would be hot
to raise taxes buff make mure uni
form f&fe&C Ike distribu
tion of the burden of taxation and to
put upon the tax hooks intangible and
other property which has heretofore
not paid any taxes at all. He stated
that in Bartow county more revenue
would be collected this year than here
tofore and yet the average per acre
assessment of land is reduced. He
stated that in many counties men who
had heretofore merely paid poll taxes,
by operation of this law were compell
ed to pay taxes on property amounting
to fortunes which they had hereto
fore concealed. He claimed that the
law was meant to compel the pay mem.
on the part of everyone his fair pro
portion of taxes, so that those who did
pay taxes would not be compelled to
have to pay the taxes of those who
■ have not been heretofore paying taxes.
Gov. Slaton made a favorable im
pression upon all during his :hort stay
|in Cartersville, and at the close of
1 his address was warmly greeted and
■congratulated by hundreds of the best
| citizens in Bartow county who as
isured him that they were in sympathy
with his measure and wished him suc
cess in his candidacy for United
States, senator.
Thos. S. Felder delivered a scholar
! ly, thoughtful and well timed address
J upon the issues of the campaign in the
; court house at noon Tuesday. He was
that the ordinance must fall because
!of the provision in Section 7 of the
• dHance giving the city the absolute
! right to decide as to the tare and be
! cause of the provision this section
; fails and the balance of the ordinan ?
fails with it.
The news of the decision and its
i purpose was telephoned to The Trib
une just before going to press by Mr.
John T. Norris, one of the attorneys
for the city, from Atlanta, who stated
that all the city would have to do
would be to adopt another ordinance
leaving out the tare provision of the
old ordinance.
The news cf the decision will he re
ceived with a great deal of interest
throughout the county as a great deal
of discussion was had last year after
r
its adoption and a considerable
amount cf difference of opinion arose
as to its merits and demerits. Many
others were interested in it on ac
count of the attack made upon the
commission government charter which
by the decision has been declared to
be constitutionally passed and the
fundamental law of Cartersville.
introduced fcy Capt. J. H. McCorm’ck
in a few well chosen > emar'sh.
Mr. Felder, advocating Lug enaction
for United States senator far the short
term, advocated doaig away wkh Ufe
tenure for judges oi' the United State.;
courts, abolishing peonage constitu
tions. because of the contract labor
law in Georgia, and stated that- in
woiild m ver vote to confirm the ap
point moat of a negro to a federal posi
tion. He reminded his hear, fs that b -
had been instrumental in securing tilt
passage of the laws in Georgia.
Mr. Felder was given fine attention
throughout and greatly pleas and a large
number of followers who were in sym
pathy with his views and aspirations.
Fairness of statement and a lucid ex
position of his reason; for taking posi
tions on public questions ftejd by him
characterized an address while, his
i criticisms of , opposing candidates oc
cupied hut little of his time. He irride
! plain that he, desired to. win up n his
jpwn merits And not upon the demerits
of those ojrpd'sing him.
After his.‘address he was
congratulatfd by many, both iadfbff
and gentlemen and soon Jeff for
Adairsvillfe/where he spoke at four
| o'clock tdf an audience which gave
him respectful and thoughtful atten
tion.
t
Hon. John It. Cooper, candidate for
! United States senator for the short
| term, delivered one of the most happy,
1 pleasing and thoroughly interesting
1 addresses at the court house Wtdnes
day afternoon in support- of his candi
. dacy ever heard in Bartow county,
i Mr. Laqpgr completely captivqied,
jari audiene¥ T gowfSHAze and at tire
j close of his address received a round
of applause which must have cheered
the heart of the speaker. •
The address was replete with bright:
J witticisms, stinging sarcasms, goed
j anecdotes and fun, and was delivered
! in a thoroughly characteristic manner,
i His style is altogether his own. He
■ was able to take up and discuss candf*
1 dates who opposed him in unsparing.
1 terms and yet in such a way that no
friend was offended by his severe
| criticisms of them. His manner of
i handling Hoke Smith and .Toe Brown;
about each of whom he had much to
say, was so artistic as to enable him
to say what he pleased about both
without offending the followers of
j either. Mr. Cooper plainly showed hi ,
ability as a criminal lawyer, and evert
! though he may have had few friends
in the audience who will vote for him,
! practically all of them will remember
his as one capable of furnishing enter
tainment, amusement and food for
| thought.
i He claimed to be the only genuine
|friend of the people in the race in that
Ihe has never held office but for
twenty-three years ha= been defending
the unfortunate, many* times out of
funds drawn from his own pocket. He
assailed those who questioned his
right to go to the senate because he
was a criminal lawyer, saying'that all
who were acquainted wi h history
knew that Daniel Webster, Patrick
Henry. Benj. H. Hill, Robert Toombs
and Alexander Stephens likewise de
fended men in the criminal court
room during their entire practice.
Whatever may be Mr. Cooper’s for
tune in the present campaign, he has
| made a sufficient number of friends
who will doubtless be able to secure
Ms return to Cartersville on ocher oc
casions and give them an opportunity
of hearing him often hereafter.
The Etowah Chapter D. A. R. wilt
meet next Tuesday afternoon, July 21,
at 4 o’clock with Mrs. L. D. M unford
and Mrs. R. S. Munford at The Oaks.
The business meeting will be followed
by a delightful social hour.
W. C. T. U. PICNIC.
The members of the W. C. T. U.
will meet at the home of Mrs. Pyron
at Meadowview Farm at a spend-the
day party Wednesday, July 22. Each
member is urged to come and bring
a friend and a basket of lunch.
N<>. 21