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HOUSTON HOME JOURNAL TMURS., JUNE JO, IW4,
V ■
Judge Upholds County
Beer License Denial
U S. District Judge Wilbur
D Owens last Friday morning
upheld the denial of license to
Mrs Alice Knight by the
Houston County Commission
Mrs. Knight, wife of former
moonshiner Terrell Knight,
had sought legal action to
force the county to give her a
license to sell beer and wine at
a Kathleen location
Mrs Knight, 27, testified
that she had been married for
about a year to Terrell Knight.
Her suit had sought a
“declaratory judgment" that
would rule a section of
Houston's beer license or
dinance unconstitutional The
portion attacked by the suit
considers wives, husbands,
and other close relatives of a
beer license applicant in the
M A Workable Budget"
Corrected Budget Adopted
Perry City Councilman H
H Hack worth made a
motion at City Council
meeting Tuesday night to
amend the adopted City
budget Irom last week to
correct a typographical error
in the amount of $77,789 in the
police department's budget.
The City’s actual budget for
1974-75 to begin July 1, is
$1,983,848. The error in the
police dept budget was
Cont. from Front Page
“Smells Out
County wasn’t funded by the
Slate Department of Natural
Resources for their proposed
system
One county that was funded
was neighboring Dooly
County. Its dumpsters and
trucks are "already in use.
Consolidated Systems
(makers of Dempsey Dump
sters) is also providing the
Dooly equipment
The 11,983,648.01 City of
Perry budget for 1974-75 in
cludes increases in allocations
to 14 departments, yet six
departmental budgets are
decreased from a year ago!
The largest single department
hike is the jump of the gas
department from $569,266 to
$622,429 • an increase of
$53,162 The largest decrease
is the fall of the airport budget
from $22,000 last year to only
$2,400 this year, a decrease of
$19,600
In the executive department
(mayor) a decrease is
evidenced - from $8,420 in 1973-
74 to $8,085 in 1974-75 The
mayor’s salary remains the
same - $6,000 a year. Another
S7OO is allocated for travel
expense, the same amount as
last year
The Government Building
departmental budget rose by
$9,006, of which all can be
atttributed to purchase of an
$11,667 computer Other than
the computer, the budget
decreased, despite 5.5 percent
salary hikes for employees
within the classification. The
total Government Building
budget for 1974-75 is $26,518,
including the computer.
The Legislative depart
mental budget rose from
$16,595 to $20,853 in 1974-75.
The major portion of that
increase is in insurance costs
and professional services fees,
The salary remained the same
same light as the applicant. If
any have convictions on their
record, under Houston law,
the license can be denied.
Judge Owens' statement
says, "There is a valid basis,
in the Court's best judgment,
in the adoption of an ordinance
like this when it was adopted,
to treat applicants for a beer
license as a family unit,
because it would be artificial
to say that you can put a
license in a wife’s name and
the husband would have no
connection with it, or vice
versa The world just doesn’t
(unction that way.”
Owens also said, “It seems
to the Court that we,
traditionally, as a matter of
law. have looked at a husband
and wife as a unit. We have
reflected in the fact that the
budget (before corrected)
called for $181,332.35 when in
reality the police budget is
$259,121 35
Regarding the error and
correction, Councilman Hack
worth, who is also finance
chairman for the city stated,
"In regard to last week's
widely publicized budget
problems I am reminded of
the old adage that haste
Consolidated official Moore
is presently combing the
Southeast trying to locate two
trucks tor Houston County. So
is Commissioner Steve Byrd,
who was authorized by his
fellow board members to
check with a Gainesville,
Georgia, equipment dealer to
see if any of the suddenly
precious trucks are available
for purchase.
New Perry City Budget Analysis
Reveals Hefty Recreation Hike
- SIO,BOO
The Library departmental
budget rose by SSOO, from
$34,300 to $34,800 This is due to
a SSOO increase in allocation to
the county for operation of the
library - from $11,500 to $12,000
this year Over half of the
budget, a total of $22,800, is
earmarked for payments into
the library sinking fund,
initiated at the building's
construction.
The Streets department
budget was hiked about three
thousand dollars, from
$239,900 in 1973-74 to $242,374
this year This is caused by
increased salaries Twenty
two thousand dollars is
allocated for purchase of a
street sweeper
Kire Dept. Decrease*
The Perry Fire Department
budget for 1974-75 shows a
decrease of $797 from last
year, in spite of a 5.5 percent
cost of living raise for em
ployees The major reason is
that last year’s $81,868 budget
included $15,000 for "rooms
for firemen" - no longer on the
budget
Recreation Increases
One radical change in this
year’s budget is the allocation .
for recreation. Included this
year is a total of $15,279 for
recreational purposes This is
a jump of $7,470 from last
year Included is an allocation
of $6,570 for the Houston
County Park on Creek wood
PAGE 2-A
done that to the extent that in
the trial of a criminal case a
wife may not be called to
testify against her husband
We put a cloak, a protective
legal cloak around a husband
wife relationship We look at
them as one and the same.”
The plaintiff, Mrs. Knight,
had contended that the
commissioners had acted in a
discretionary manner by
denying her a license.
Probably key to the argument
was the fact that Houston
County has the ordinance
treating husband-wife teams
as one, and denying licenses to
felons. Bibb County, and the
City of Perry, both do not have
such an ordinance.
Houston County Sheriff
Cullen Talton testified that he
makes waste but in our case
haste made a mistake. This
mistake did nothing but cause
embarrassment to the Mayor
and Council. It did not change
any prior or subsequent facts
that the City had or has more
or less forecasted income or
budget for fiscal year 74-75. It
was a typographical error
which in reviewing the overall
product was not caught. I
remind everyone we have had
three administrations in the
mayor's office in the past 6
months which prevented an
early preparation of lax
statements and lime of the
essense. We had to get
statements to our customers
and the big rush resulted in
the error It is regrettable but
it has been corrected and the
matter is closed,"
Councilman Hackworth said
the city has a workable budget
and that close attention will
have to be paid to the budget
in the coming months to insure
that all departments remain
within their budgeted
amounts.
Drive. There, a total of thirty
live hundred and forty dollars
will pay a park manager, two
pool lifeguards, and "utility"
workers. sl,lßois allocated for
"playground" equipment.
The second phase of the
PERRY CITY BUDGET COMPARISON
DEPARTMENT 1973-74 1974-75 DIFFERENCE
ADMINISTRATIVE $66,135.00 $52,147.00 $13,988.00
CHAMBER OF COMMERCE $12,000.00 $15,000.00 +53,000.00
COMMUNITY PROMOTIONS $2,900.00 $4,525.00 +51,625.00
EXECUTIVE $8,420.00 $8,085.00 -$335,00
GOVERNMENT BUILDING $17,510.00 $26,518.00 +59,008.00
JUDICIAL $1,800.00 $1,800.00
AIRPORT $22,000.00 $2,400.00 -$19,600.00
legislative; $16,595.00 $20,853.00 +54,258.00
LIBRARY $34,300.00 $34,800.00 +5500,00
FIRE $81,868.46 $81,070.48 $797.98
PARKS & RECREATION $7,800.00 $15,270.00 +57,470.00
PARKS $3,550.00 $2,965.00 -$595.00
PLANNING AND ZONING $18,415.00 $33,986.79 +515,571.79
POLICE $234,013.85 $259,121.35+ +525,107,50
SANITATION $137,700.00 $166,513.55 +528,813.55
STREET $239,900.00 $242,374.84 +52,474.84
SUBTOTAL GENERAL $904,907.31
GAS $569,266.84 $622,429.00 +553,162.16
FIELD WATER $79,595.79 $63,080.00 -sl6 515 79
WATER PERCENT SEWAGE TRT. $260,093.13 $279,709,00 +s37 615 87
SINKING FUND (New Breakout) $33,000,00 +533,000.00
GRAND TOTAL $1,813,863.07 $1,983,648.01 +5169,784.94
+Police Dept. Corrected Figure
had recommended denial of
the license sought by Mrs.
Knight because he felt that she
was a “front” for her
husband. Witnesses testified
that Knight himself had first
requested the permit but later
withdrew his application,
apparently fearing rejection
If Mrs. Knight appeals the
ruling, the case will go to the
U S. Court of Appeals in New
Orleans, Louisiana. If a
decision is appealed of that
court, the case could wind up
before the Supreme Court of
the United States,
A recent Supreme Court
ruling may have some bearing
on the case. In the case of
Massell and the City of
Atlanta versus Leathers, the
nation's highest body ruled
that discretion could be given
to local bodies. It ruled that no
substantial federal question
was involved and refused to
hear the case, thus in effect
substantiating a lower court’s
ruling
Judge Owens said that the
Knight case was unlike
similar ones he has decided
concerning beer licenses
denied by Macon city officials,
primarily because the city of
Macon has no ordinance
setting up standards for
considering such licenses.
Owens said that Houston
County had a valid basis for
adoption of their ordinance.
On December 18 of last year
Knight was granted a beer and
wine license for his food store
in Perry by the Perry City
Council in a 3-2 vote. That
decision was reported all over
the stale since Knight had a
record of moonshine offenses.
But since Perry has no or
dinance similar to Houston
County's, the effect of last
Friday’s ruling may have no
bearing on the Perry decision.
Councilmen James McKinley
(now Mayor) and Alton Hardy
were the dissenting di4.y
councilmen on the December
18 vote.
A crowd of protesting
Kathleen residents filled the
County Commission Cham
bers in Perry several
months ago when the Com
mission heard Mrs, Knight's
request tor a beer and wine
license tor her Kathleen store.
The Commissioners testified
Friday that they had taken the
protests into account in their
decision.
recreation budget is listed
"other city recreation". Here
a basketball program is to be
given $1,200, to include gym
rent, official’s wages,
scorekeepers wages and
_ ' 1
* ’ ' -..JBHHIBHb'm
Perry City Councilman D. K. (Dot) Roughton
stepped down from his position on the Council post
Tuesday night to appear before the Council to ask
the City to refund him $72 he paid last year for
some water pipes. He said he made a mistake in
ordering the pipe and felt he should pay for it. He
then charged that other Councilmen and city
employees are not willing to pay for their
Later Gets $72 Refund
«•
“Should Pay For Goofs ”
Roughton Tells Council
Perry Councilman D.K.
(Dot) Roughton charged at
Tuesday night’s Council
meeting that Police Chief B E.
Dennard ought to refund a s6l
bill paid by the City to the
Perry Animal Hospital
recently. Roughton charged
that city employees or
Councilmen who make a
mistake should have to pay for
it out of their own pocket.
Mayor James McKinley
asked the chief to explain the
incident and he told the
Council that his dept, received
a call recently from a resident
in Camelot complaining about
a stray dog. Dennard said at
that lime the dogcatcher was
ill and out of work so he sent a
police officer to pick up the
dog. The officer, who is no
longer with the City, returned
to City Hall with the dog in his
arms, according to Dennard,
and reported that the animal
had been shot. Dennard said
he told the officer to take the
dog to the city dump and
director’s wages.
The city evidently plans to
build a pair of tennis courts
somewhere in the city limits,
too. $7,500 is set asido for
construction of “two tennis
courts (asphalt), two fences at
“dispose” of him since he was
wounded and did not seem to
belong to anyone. The officer
said he couldn’t shoot the dog,
Dennard said, he said he “did
not have the heart.” At that
point Dennard interjected that
a police officer who could not
shoot a wounded dog might
have a lough time shooting a
man if he ever had to do so in
the line of duty. Dennard said
the officer told him there was
a difference in shooting a man
and a dog. The chief said the
officer then asked if he could
take the animal to the Perry
Animal Hospital for treatment
and board. Dennard said he
told the officer he could if he
wanted to but that it might
result in him paying the costs
out of his own pocket. The dog
was taken to the hospital and
treated and boarded resulting
in the s6l.
Roughton charged Dennard
should have disposed of the
dog and that the s6l was a
result of Dennard’s mistake
the end of the courts, and posts
and nets”.
The department that caused
glaring black headlines last
week was the police depart
ment. An error of $77,789 was
i mistakes so he felt he should not be required to.
I He was referring to a s6l bill at the Perry Animal
i Hospital in which he said Police Chief B. E.
Dennard should pay and a $144 till at the Creek
i wood Recreation Park for painting a swimming
> pool in which he charged Councilman Henry
> Casey should pay. (see related story) t
4 fi
and should pay for it, Dennard
said he could see no reason
why he should have disposed
of the dog when he had three
officers on duty and had given
an order to one of them to take
care of the situation.
Roughton then went on to
point out that he had talked
with another veterinarian in
town, Dr. Felix Smith, who
told him he had taken in
several animals from the City
in the past and that the City
had refused to pay for his
services. Roughton then
charged that the City
“changes policy all the time.”
No action was taken on the
matter since the city has
already paid the bill but in a
related move, Roughton
stepped down from the
Council bench at the end of the
meeting and asked to address
the Council as a private
citizen. He was granted
permission by the Mayor and
then told Council of a mistake
be had made on some water
discovered after the budget
had been passed Thursday
night, June 6. The error oc
curred because the police
budget consists of two pages,
one of salaries, and one of
other parts of the total
departmental budget. In
transcription, only the
“salaries” part was listed in
the total budget, amounting to
$181,332.35.
But the total corrected
budget for the police depart
ment is $259,121.35. This is a
$25,000 increase over last
year. Almost all of the in
crease is caused by a 5.5
percent pay hike for all city
employees. Listed under
“machinery and equipment”
is an allocation of $10,500. But
no specific listing is made to
replace worn-out police cars.
The Planning and Zoning
Department budget almost
doubled from last year. In
1973-74 the budget was $18,415;
this year it will be $33,986.79.
The huge increase is due to the
planned hiring of a second
Building Inspector at an $8,500
salary, to assist Building
Inspector-Water Superin
tendent M.M. Cloud. Just over
three thousand dollars is listed
for an auto for the new man.
Three thousand dollars will go
to the Middle Georgia Area
Planning and Development
Commission.
Water-Sewage To
Cost More
line pipe last year when hie
ordered (he pipe installed
some private property. After
the property owner refused to
pay for the pipe Houghton said
he paid the City $72.00 out of
his own pocket because he fell
it was his mistake.
Houghton then said, “It
appears this Council wants the
City to pay for mistakes we or
employees make so I am
asking you to refund my $72.00
and then I’ll go along with
whatever kind of policy you
want to follow.”
Houghton seemed to be
expecting a fight on his hands
but Councilman H.E. (Gene)
Smith quickly made a motion
to refund Houghton the $72.00
followed swiftly by a second
the motion from Councilman
Henry Casey. The Council
then voted unanimously to
refund Houghton his money
and he re took his seat without
further discussion. The matter
was closed and so was the
regular Council meeting.
The Perry Water-Sewage
department budget will u
crease from $260,093 last year
by $37,615.87 to $297,709.00 this
year. About five thousand
dollars of the increase is in
salary adjustments, but ten
thousand dollars is reflected
in increased insurance costs.
Another $11,666 is listed for
“computer" (the same as
under government
buildings?). Utilities at the
water-sewage plants are
expected to increase in cost by
$7,000.
Gas Dept. Skyrockets
The Gas department budget
rose by over fifty-three
thousand dollars from a year
ago. The new budget is
$622,429, up from $569,266 last
year. Again $11,666 is charged
off for “computer”. Almost
$20,000 of the increase is due to
necessary payments to the
cities of Cochran, Hawkin
sville, and Warner Robins for
an error in natural gas billing
made by the company which
supplies Perry with gas. And
the cost of gas is expected to
rise by ten thousand dollars,
from $395,900 up to $405,0<V
The Sanitation department
budget rose by almost twenty
nine thousand dollars this
year In 1973-74 the allocation
was $129,700, and this year it
will be $166,513.55. A forty
thousand dollar sanitation
garbage truck is the major
reason for the increase.