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VOL. 65; NO. 40
Supreme Court Gives Decision
On City-Georgia Power Question
The Supreme Court of Geor
gia last week handed down what
appears to be a final decision in
the case of the City of Summer
ville against the Georgia Power
Company, in which the fran
chise granted by the City in 1924
was upheld.
The headnotes of the decision
were:
1. A trancliise granted by a
city council to a public service
corporation, under the charter
powers of the city, constitutes a
binding contract, and as such is
not violative of the Code, Sec.
69-202, which prohibits one city
council from binding itself or
its successors, hv ordinances, so
as to prevent free legislation in
matters of municipa 1 govern
ment.
2. A municipal corporation may
be estopped, as right and justice
may require, where the act or
contract relied on to create the
estoppel was within the chater
powers of the corporation, al
though the method of exercising
the power was irregular.
In addition to the headnotes, ।
the Supreme Court wrote an
opinion in the case which con
tained the following summary: ।
The City of S’unmerville had j
the legal right under its charter
to grant permission to do just
what was done in consructing
and maintaining an electric dis- i
tribution system. It had the,
general power, though the man
ner and conditions of its exer- ।
cise were prescribed by the
charter. The city was also vested j
with the power to prevent any;
public utility from using its
public streets without first ob
taining a legal and valid fran
chise. The city exercised its
authority under the general
power by granting its permission
to the public utility to use its
streets, and then for a period of
over 20 years acquiesced in such
use wihqut any legal objection.'
or the exercise of its granted;
right to compel a cessation of 1
the enroachmen* because of the I
absence of a legal franchise. On
the faith that permission had I
been legally given, great ex
penditures were made in the 1
construction and maintenance ■
of the distribut'on sytsem; and
now the city, after acquiescing
in that use and after receiving
the benefits therefrom, under
the principles of equitable estop- |
pie will not be heard to say that j
the conditions necessary to Its!
grant of such permission did not
exist.
TURNER SUCCEEDS
MARY THOMPSON
AS CITY CLERK
L. C. Turner, Sr. has been
named Summerville City Clerk
to succeed Miss Mary Thomp
son, who resigned recently to ac
cept a position with the Berry
to Mills office.
Mr. Turner continues to serve
in his capacity as City Recorder. •
Miss Thompson had been City
Clerk since 1946.
■HEME ’N THERE-
Recently promoted to the posi
tion of Squad Leader was Hu
bert H Mcßurnett, son ot Mr.
and Mrs. J. D. Burnett, of Mine.
He Is a member ot Company
"E”. 35th Infantry and his job
is that of rifle squad leader.
The 35th Infantry Regiment
is stationed at Otsu. Japan and
is part of the Pacific famed 25th
Infantry (Tropic Lightning! Di
vision. commanded by Major
General William B Kean
Pvt. Alfred L. Wooten, Sum
met Ville soldier, has arrived to
the 24th Int. Div. on Kyshu.
Japan, and has been assigned to
the 13th F A Bn. of the Di
vision's Artillery.
Pvt. Wooten enlisted in the
Army last January. He took
basic training at Fort Jackson,
and later attended Cooks and
Bakers school His brother Is
serving with the 38th Inf. Regt,
at Fort Lews, Wash.
Ninety sellers and 53 buyers
attended the C^osa Valley Live
stock Rale at Rome. Sept 14.
exchanging 351 cattle. 13 hogs
and four goats.
The total sale was $25 509 94.
Hogs were 117 80 to 12130:
calves, $lO to $25; bulls. SI3BO
to sl9; steers, $lB 90 to $23.75;
dairy type heifer. $14_3540 $34.
springers, $55 to $2 50
^nmmrruillF Nms
E. M. Blue, Local
School Leader,
Addresses Rotarians
‘‘Using Our Possibilities To
day” was the subject of an ad
dress by E. M. Blue, Summer
ville School Superintendent,
yesterday at the Rotary Club
meeting at Riegeldale Tavern.
‘‘Our modern youth is not go
ing to the dogs,” the speaker as
serted. “They are going to be bet
ter citizens than our adults.
They don’t have the opportuni
ties their fathers had when they
were growing up.”
Because of the longevity of
the present generation, it was
stated, youth has to wait until
some of the older people die out
in order to get a job.
Mr. Blue said the war condi
tions under which we have lived
caused the youth of today to be
the forgotten g’-oup.
Today children depend on sev
eral institutions for a living, the
school teacher declared. These
are, he said, first, the home,
which is little more than an
aboding place, neglecting its
real duty.
Second he mentioned the
church, stating that only a
small percentage of the school
children in this viclntiy attend
church or Sunday school.
The school, where the child
spends si x days a week, was
mentioned as a third institu
tion.
Recreational facilities in the
community, which is the fourth
institution, are sadly lacking, it
was declared.
Mr. Blue made a plea for more
community recreational facilities
here.
He was introduced by Grady
Morehead, who had charge of
the program.
RODNEY TO (OMf
HOME FRIDAY
It looks as though little Rod
ney Martin will get to cele
brate his eighth birthday at
home.
The youngster, who will be 8
October 24, successfully under
went a “blue baby” operation
at Emory hospital, Atlanta, re
cently and will be brought
home by his father. Bill Mar
tin, of Summerville, Friday.
Mr. Martin said Tuesday that
he had received a card that
day from his wife stating the
child was “fine.”
The costly operation was
made possible by the contribu
tions of generous friends from
throughout North Georgia,
who gave almost $1,200 that
the boy would have a chance
to live.
He got the chance and he
lived. Had the operation not
been possible, doctors told the
family, he would never grow
into manhood.
The Rev. Sol««u C. Couch, of
Deeat ur. will speak at both serv
ices at the First BapUst Church
|Sunday.
Services will be held at 11 a. m
1 and 8 p. m.
Sunday is Sunday School Pro
mt lon Day
The regular communication of
Trion Lodge F. and A M.. will
be held at 7:30 p. m. Monday.
Sept. 26.
All qualified Maxons are In
, vlted
There will be an All-Star game
at Horton's Ball Park. Summer
ville. at 2:30 p. m. Saturday.
All-Stars from Trion and Sum
merville will face a combination
from Aragon. Rockmart and
Cedartown.
Private Farris F. McWhorter,
son of Mrs. Arrie McWhorter, of
Summerville. Is now on duty with
the 35th Infantry Regiment,
which is stationed at Otsu, Jn
nen. and al part of the Pacific
famed 25th Infantry (Tropic
Lightning) Division, commanded
by Major William B Kean
Hal present duty Is that of a
rifleman In Company "B”, 35th
Infantry formerely of First
Cavelry Division
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA, THURSDAY, SEPTEMBER 22, 1949
Well-Known North
Georgia Man Gels
Stale Promotion
H. L. Barron, of Rome, who is
well known around Summerville,
has been named Section Chief
of Distributive Education of the
Georgia State Department of
Veterans Service, according to
an announcement from Director
William K. Barrett.
Barron steps up to his new job
from the position of coordinator
with the Veterans Service De
partment. He has been with the
state agency for several years,
attached to the Rome office.
Barron has been a resident of
this section of North Georgia
for many years and has been
prominently identified with
business and civic activities of
the area.
His new office in Atlanta Is
located at 20 Ivy Street, as a part
of the Rehabilitation Division of
the Veterans Service Depart
ment.
Montgomery Cleared
Smith Seeks New
Trial Tuesday
Daniel Montgomery, Negro, of
Summerville, was acquitted
Tuesday of the murder charge
placed against him in connec
tion with the July 21, 1949 shot
gun slaying of R. J. Underwood,
Negro, also of Summerville.
Montgomery pleaded self-defense
and was represented by T. J.
Espy and Earl Self.
The case was tried in the Sep
tember term of Chattooga Su
perior Court, with Judge H. E.
Nichols presiding.
A motion for a new trial was
made by Hollis Smith, of Men
lo, a' ter being sentenced to serve
from two to four years in prison
for shooting at Paul Wofford, also
ol Menlo, on March 14, 1949. He
had been charged with assault
with intent to murder. The in
cident occurred at a saw mill
Inear Menlo, and the defendant
: was represented by Bobby Lee
Cook.
I Three young boys, all broth
jers. plead guilty Tuesday to a
charge of larceny from the house.
The eldest of the trio was given
an 18-month probated sentence,
as were the two others, how
ever. the younger two were re
quired to complete high school.
George Hudgins plead guilty
to three charges, two for burg
lary, and one for larceny. The
vouth was given five years in
prison, however *t was probated,
jwlth the provision that he com
iplete his high school education.
The same sentence was given
by the Judge tc Bobby McGraw,
who was involved with Hudgins
lln the larceny charge.
Bobby Brown plead guilty to
abandonment and was given an
18-month probated sentence,
provided he pavs his wife S3O
monthly for th* support of their
two children.
An additional year was added
Ho C. C. Ragun's sentence after
he escaped from the local Public
Works Camp. Hn plead guilty to
the charges.
Junior McWhirter was found
guilty of stealing an automo-'
bile on March 19. 1949. and was
sentenced to serve from one to
three years in prison.
Effort Io Renew
P.-T. A. Planned
All patrons of the Summerville
High School are urgently re
quested to attend a meeting at
3:15 p. m. Thursday. Oct. 8. at
the school auditorium, it was an
nounced yesterday.
An effort Is being made to re
organize the v<’ally Important
Parent - Teacher Association,
which has been Inactive for the
past several years
The cooperation of everyone
is needed. It w*r emphasizde. to
make this move for the P-T.
A a success
SHERIFF ARRIVES;
TWO WOULD-BE
ROBBERS SCAT
Two would-be robbers were in
terrupted early Sunday morning
in their attempt to safe-crack
the Berryton Mill store when
Sheriff Reuben Lyons arrived.
The two men had successfully
opened one safe, which con
tained only books and apparent
ly were attempting to enter an
other when they were inter
rupted.
The alarm was given by Sham
bley Cox who spotted the men in
the store between 2 and 3 a.m.
Sunday.
The men apparently wore
gloves, Georgia Bureau of Inves
tigation officers investigating the
case, said.
BAKERS GIVE
GORE FFA GILT
TO BEGIN CHAIN
The Gore Future Farmers of
America Chapter was given a
registered duroc gilt on Friday,
Sept. 16, as a gift from R. H.
Baker and his son, Howard
Baker.
Wilton Smith, president of the
chapter, was selected to raise
the gilt. He will return one gilt
from the first litter of pigs to
the chapter. This gilt will be
given to another boy, and there
by form an endless chain and
help boys in the future.
This will supplement the old
chain now in operation by the
chapter.
The purpose of these chains,
leaders said, is to improve the
breeds of hogs in the commu
nity.
Leaders of the Gore FFA
stated that they feel fortunate
in having friends such as the
Bakers to help carry on the
work of their organization.
TWO SERIOUSLY
INJURED IN AUTO
COLLISION FRIDAY
Mrs. Don Johnson and her
mother. Mrs. W. E. Williams,
both of LaFayette, Were seiously
injured Friday night in a col
lision on U. S. Highway 27 be
tween LaFayette and Chatta
nooga. They are at Erlanger Hos
pital, Chattanooga. Mr. Johnson
and son. Eddie, the only other
(occupants of the automobile,
escaped with only bruises. Three
Trion youths, in the other auto
suffered several broken bones.
The acciden’ is said to have
occurred when a speeding auto
mobile. occupied by the three
Trion men. Fred Styles. Charlie
Blackman, and Andrew Camp
bell, proceeded from a road
leading to Chickamauga into the
U. S. 27 highway and crashed
! into the side of the Johnson’s
' 1947 Pontiac. The Trionites were
driving an 1936 Ford Both auto
mobiles were severely damaged.
Mr. Johnson Is well-known In
Summerville, being employed as
a linotype operator at The Sum
merville News for more than a
year.
AUTO BURNS
HERE TUESDAY
A 1937 Ford, belonging to
George Kirby, of Dickeyville, was
almost loss Tuesday after burn
ing near a drive-In In North
Summerville.
The automobile was driven by
William Goodridge, of Summer
ville. who was the only occupant, |
A defective fuel wasline at
tributed os the cause of the
flames.
Tile Summervl’le Fire Depart
ment answered the call in what
has been described as record
time.
hbPc hvlfed so
Afford C. of (. Meet
Here October 11
The public is invited to attend
the annual meeting of the Chnt
tooga County Chamber of Com
merce at 7:30 p.m. Tuesday. Oct
11. at the courthouse.
Fred Aldred, president, said
that a report concerning the
county hospital will be given. Of
ficers for the coming year also
will be elected
Grand Jury Asks Registrars
Suspend Duties Until Jan. 1
ANNUAL CHATTOOGA COUNTY FAIR
PLANNED FOR OCTOBER 12-15 HERE
The annual Chattooga County
fair will be held October 12-15
in North Summerville. The gates
will open at 6 p. m. Wednesday,
Oct. 12.
In addition to community and
home exhibits, agricultural and
industrial exhibits will be fea
tured. Cash premiums will be
awarded for the best community,
agricultural and home exhibits.
School Day
School day will be Friday, Oct.
14, at which time teachers and
students will be admitted at a
special price until 6 p. m.
Chairmen for the various dis
plays are as follows: Communi
ty, C. B. Akin and Miss Jewell
Poole; Women’s Canning, Mrs.
Hinton Logan and Mrs Reuben
Garrett; Livestock, Billy Brooks;
TB Association Meets
To Organize Seal Sale
Members of trie Tuberculosis
Association of Chattooga coun
ty met Tuesday afternoon at the
courthouse to make plans for the
forthcoming Christmas Seal
Sale, which will be launched
November 20.
In a report of what was done
with the money raised in last
year’s sale, Mrs. B. W. Farrar,
Rehabilitation chairman, said
that clothes to enable patients
to go to Battey had been
bought; food bad been bought
to help families where there was
no earning power; medicine had
been bought; and streptomycin
was bought to provide treatment
for local persons. It was em
phasized that this is only a part
of the work done, and that the
money was used any way it could
be to combat TF or to rehabili
tate those stricken.
Mrs. Agnes Hammond. Treas
urer, disclosed that the Associa
tion has a balance of $252.
Mrs. O. L. Cleckler is chair
man of the Seel Sale for this
year and will be assisted by all
members of the Association.
Mrs. Raymund Daniel volun
teered to correct the mailing
file and to help with addressing
Summerville School Undergoes
Many Improvements
Work was begun Thursday on
a 60 ft. addition to the Summer
ville school gymnasium. The ad
dition, along with general re
modeling of the entire build
ing. w’lll cost $13,503.
A. M. Bryant, of Bryant and
Sons Lumber Company, con
tractors, states that he expects
to have It completed by Thanks
giving.
It will add 30 ft. to the pres
ent playing floor and the addi
tional 30 ft. will be used for
dressing rooms, rest rooms and
locker rooms. It was stated.
The old floors in the present
gym will be torn out and new
hardwood flooring will be used
throughout. In addition, new
windows and doors will be in
stalled.
From $44,000
Funds for the addition to the
Wanla’ Gel Rid of a
Table!
Do you have an odd piece of
furniture that you'd like to
get rid of?
The American Legion Auxil
iary will be glad to take It off
your hands and put it In their
home In Summerville.
Chairs, tables, lamps and
sofas arc among the things
most needed
When furnished, the Ameri
can Legion Auxiliary Home will
be available for use by civic
organizations of the county, as
well as youth groups
So. if you have that piece of
furniture you'd like to get rid
of. give it to the Auxiliary.
They'll put it to good use
Call any of the following:
Mrs. Graves Myers. Mrs R N
Trimble. Mrs. Jim Teddur. Mrs
Sam Favor. Sr . or Mrs Clyde
Harlow. They'll have it picked
up at your home
Public School Art, Miss Poole;
Art and Handicraft, Mrs. Fritz
Medders and Mrs. Elmer Smith;
Women’s Department, Mrs. Lou
ell McGinnis and Mrs. Hill Ham
mond; Girls’ 4-H and F. H. A.,
Mrs. Bob Kimbell and Mrs. Har
old Bishop; Boys’ 4-H and
F. F. A., J. B. Butler and G. W.
Smith; Girls’ Canning, Mrs.
Wright Wheeler and Mrs W. H.
Treadway; Individual Crop Dis
play, Roy T. Baker; 4-H Crop
Display, Claude Baker; Flower
Department. Mrs. J. A. Duff and
Mrs. J. B. Woodard; Poultry, R.
P. Brison: Girls’ Cooking. Vio
let Hamby and Martha Speer;
Cakes, Breads and Candies. Miss
Minnie Justice and Mrs. J. O.
Meadows; Heirlooms and Curios,
Mrs. H. C. Hardin and Mrs. W.
P. Selman.
i the envelopes for mailing.
Those appointed to w r rite the
letter of appeal for the Sale were:
i Mrs. Cleckler. Mrs. Daniel and
Mrs. Herman Buffington.
Miss Wilma T’ace, Miss Ethel
Simmons and Miss Jewell Poole
were named on a committee to
| be in charge of buying the edu
[ cational literature and securing
' films for showing in the movie
! houses.
It was decided that two sheets
of seals will be sent this year,
giving everyone a chance to buy
200 seals instead of the usual 100
i if they so desire. Those not wish
i ing to buy two sheets could re
,turn the extra sheet with their
dollar for the other sheet, it was
. explained.
Ordinarily, the sale is launch
ed in Chattooga county the first
of December, whereas the state
campaign is launched in No
vember. This, year it was de
cided at Tuesday’s meeting, the
local sale will begin Nov. 20.
as will the state sale.
The Girl Scouts in Trion and
Summerville will be asked to
sell the seals in booths in each
of the towns on a day to be set
by them.
gymnasium, and other work,
will come from the $44,000 the
federal government made avail
able to the county for the burn
ing of the school building here
in 1943. At the time the build
ing was being used as OPA head
quarters.
In addition to the gym work,
the school grounds are being
graded and a playground, with
proper equipment, is being con
structed Following this work,
walks will be built about the
school campus from building
to building. The primary, ele
mentary and high school build
ings are being painted.
C. B Akin. County School
Superintendent, estimated that
the entire work, including the
gym addition, will cost approxi
mately $25,000 The remainder
of the $44,000 will be set aside
for future use. he stated
SPRING CREEK
BAPTISTS PLAN
HOMECOMING
A homecoming will be held at
the Spring Creek Baptist Church
Sunday. Sept. 25. according to
the Rev Frank B Lewis, pastor.
An Interesting program Is be
being arranged, and special
music has been planned.
All former pastors, and mem
bers have a special invitation,
and the public t* cordially In
vited to attend.
Burning Troth
Threatens Warehouse
Some burning trash at the
rear of Ted's Cleaners, threaten
ed to engulf a nearby warehouse
Wednesday
The Summerville Fire De
partment answered the call and
the flames were subdued
Growing With
Chattooga
$1.50 PER YEAR
The September Session of the
Grand Jury Monday recom
। mended that the local Board of
i Registrars suspend their activi-
Hles until after Jan. 1, 1950, in
the interest of economy.
“Should they comply with
ithis request, they can then take
up their duties January 1, and
I have practically four months in
' which to complete their duties.”
Superior Counrt Judge H. E
Nichols cautioned the Grand
Jury, stating that he favored
j economy, but that they should be
careful not to disfranchise any
persons.
A. B. McCurdy, Chairman of
the Board of Registrars, said fol
j lowing the recommendation that
he had no statement to make.
It was pointed out by the
Grand Jury that the County
Board of Roads and Revenue
: had been asked by the Registrars
to set aside $15,000 to pay their
expenses for one year. This they
declined to do, setting aside $9,-
000 for the expenses of maintain
ing the present law.
Supreme Court Upholds
The Supreme Court of Georgia
unanimously upheld Friday the
constitutionality of the con
troversial re-registration law.
Associate Justice Bond Almand
wrote the decision.
The registration act, number
i 1 legislative act of Gov. Herman
Talmadge, was designed to pre
vent “bloc voting” by Negroes.
Under the act every Georgian
must re-register before being
qualified to votr in next year’s
guernatorial and senatorial pri
mary elections.
The local Grand Jury said that
each member of the Board of
Registrars may draw $7.50 per
day for his services and the
Clerk of the Board may draw a
like amount. It was stated that
I if the larger counties than Chat
i tooga could hold down their ex
penses to $9,000 per county, then
Chattooga should also be able
to do this.
“We are advised,” the rec
ommendation read, “that our
present Board o‘ Registrars have
2,800 people at a cost to the
county of $2,200.”
After hearing the recommend
ation, Judge Nichols stated he
felt that there should be econo
my if possible, but that the peo
ple’s right to vote is their para
; mount right.
I believe we should cut down
expenses where possible, pro
vided we get the job done,” he
said. However, I am not in
favor of economizing to save a
tew dollars and thereby dis
franchise some citizens of the
county."
The Judge called the re-regis
tration act a ‘dastardly act."
and an “utterly foolish" one.
But. he continued, it was his
job to enforce it.
Commends Akin
The Grand Jury, hi their
presentments, stated: “We point
with pride to the report of our
County School Superintendent.
Honorable C. B Akin, which is
made a part of our present
' ments, which shows that our
county spent for educational
purposes for the fiscal year of
1948-49, which ended June 30.
the sum of $618.255 66 The pres
ent laws of our state make it pos
sible for the boys and girls and
young men and women to ac
quire all of the higher branches
of studies through our public
schools and our state-owned
colleges."
It was also recommended that
the County Officials cooperate
with the recently enacted city
ordinance of the City of Sum
merville in regard to noise
abatement.
REPLIES GIVEN
TO POLIO FUND
PLEA HERE
Two nice replies to the
Emergency Polio Drive were an
nounced this week by A B Ham
mond. chairman.
Trion Chapter 19. Royal Arch
Masons, sent a check for SSO and
Charles Ease rm an and Company
gave a $lO check, he said
Mr Hammond stated that a
number of contributions have
been sent direct to Polio. care
of post office, and tn turn are
sent direct to Atlanta He had
no way. he mid. of determining
the amount sent In this manner