The Bartow tribune. (Cartersville, Ga.) 1910-1917, July 16, 1914, Image 1

Below is the OCR text representation for this newspapers page.

vM)L l. 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