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Try Our Job Printing 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