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VOLUME XCIV -NUMBER V
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Aftermath of Accident
A Summerville woman was left dead
and a Trion woman seriously injured
following an early morning accident
Friday on U. S. 27 just north of Sum
merville Square Shopping Center. The
picture above shows the car (at left) of
Ruby Tant, who told the state patrol
she tried desperately to stop her vehicle
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Outcome of Cases Given
In Superior Court Term
Previously un re ported
dispositions of cases during the
February term of Superior
Court, according to court
records, are as follows:
Pleading guilty were:
* Gene Rounsaville, 28, of
125 E. Sixth Street in
Summerville, was charged with
simple battery. He received a
12-month suspended sentence
and paid court costs.
* James William Summitt
Jr., 21, of 550 Jonesboro Road
in Forrest Park, was charged
with theft by taking. He
received three years probation
and paid $250.
* Amos Charles Evatt, 38,
of Route 1, Summerville, was
charged with incest. He was
County Issues Beer License Over Strong Protest
Over the objection of 100 spectators, the county Thursday
evening issued its first retail package license under the new malt
beverage ordinance.
Floyd Davenport, the man whose lawsuit culminated in the
passing of the beer ordinance governing the sale of malt beverages
in the unincorporated areas of the county, was granted the license
at the Courthouse session of the Chattooga County Malt Beverage
Control Commission.
The meeting took on the flavor of a prayer meeting at times as
over a half dozen critics, mostly ministers from some of the
county’s Baptist churches, quoted scripture and repeatedly drew
cries of “amen” from the crowd which had turned out to oppose
issuance of the license.
Resident Jimmy Pinion presented a petition which he said
contained the names of 160 Pennville residents who are against
Davenport selling beer in that community. A second petition with
over 100 names objecting to the issuance of the permit was also
presented to the malt beverage commission at the meeting.
Most of the audience at the meeting appeared to be members
of the Concerned Christians of Chattooga County, a recently
formed anti-liquor group. Most of the arguments they put forth
were of a religious nature, essentially that the commission would
be morally wrong to allow the sale of beer here.
The Rev. Bob Easley, pastor of Calvary Baptist Church and
chairman of the Christian group, also argued against the issuance
of the license on what he saw as legal grounds.
He charged that the public notice Davenport had run in a legal
advertisement was not in compliance with the ordinance because
the location of the beer store was not specific enough, stating
only that it would be on U. S. 27, Route 2. He said that
description was too vague and that the exact location, complete
with landmarks and plat numbers, should have been in the
advertisement.
“This shows the application is incomplete and that the people
of this county were not given proper notice of the site,” he said.
OBJECTION REJECTED
But Arch Farrar Jr., county attorney, rejected that view,
noting that petitions had been entered only minutes before from
©he J^umtnerutUe Ncwa
for several miles after the accelerator
became jammed. Her car eventually
collided with a car driven by Mrs.
Aileen Davis. At right in the top photo
graph, and in the photograph below, is
the wreckage of the car driven by Mrs.
Davis, who lost her life in the accident.
sentenced to five years in a
state penitentiary and it was
recommended by the court
that the Board of Corrections
give him a complete
psychological evaluation and
give him any treatment
available.
* Kevin Hughes, charged
with approximately 12 traffic
violations, received three years
probation and paid $847.20.
The cases that were nolle
processed included:
* David C. Brown, charged
with two counts of arson in the
first degree, received a
12-month suspended sentence
and paid court costs.
♦ James Keith, charged with
Given License
SUMMERVILLE, CHATTOOGA COUNTY. GEORGIA 30747 THURSDAY JMARCH 2, 1978
arson in the first degree, paid
court costs.
* Dewayne Caldwell, 26, of
Route 3, Summerville, was
charged with aggravated
assault. He paid court costs.
* Alfred Lee Covington, 18,
of 20 Stevens Street in
Summerville, was charged with
burglary. He also paid court
costs.
* Douglas Wayne Hines, 22,
of Summerville, was charged
with burglary.
* Jerry Wayne Brown, 22,
of 125 Ramey Street,
Summerville, was charged with
burglary.
* Harry H. Jones was
charged with abandonment.
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Objects to Permit Issuance
The Rev. Bob Easley (standing) makes
a point to County Attorney Arch
Farrar (seated in light suit at right)
during the Chattooga County Malt
Beverage Commission’s beer permit
hearing Thursday. Floyd Davenport.
‘Stuck’ Accelerator Confirmed
In Fatal Auto Accident Here
By TOM KIRWAN
and PAM PURCELL
The auto which rammed the
car of a Summerville woman
and instantly killed her Friday
had a malfunctioning accel
erator and its brakes were
“metal on metal,” according to
the Georgia State Patrol
trooper who investigated the
accident.
Mrs. Aileen W. Davis of
Route 2, Summerville, died in
the tragic accident which
occurred around 7:30 a.m.
near the Summerville Square
Shopping Center.
GSP Trooper Eddie
Lumsden said the accident
occurred on U. S. 27 when
Mrs. Davis, 35, turned her
1973 Pontiac onto the highway
traveling south and was struck
in the right rear by a car driven
by Ruby Lee Tant of Trion,
who was traveling south at a
high rate of speed. The Davis
vehicle was knocked 279 feet
before coming to rest. The
Several Officials Express Support
For Local Option Sales Tax Here
Several state and local offi
cials, contacted by The News,
have indicated their support
for the levy of a 1 percent local
option sales tax in Chattooga
County.
The tax, an alternative
source of revenue used to roll
back property taxes, will be
approved or rejected by regis
tered Chattooga County voters
during a special referendum on
March 28. The referendum was
announced by County Com
missioner Pete Denson Feb. 20.
“Generally, it’s good for
rural areas,” said Senator E. G.
Summers. “Os course, you
have a few mills there, but I
think overall your local tax
payers will feel a favorable
effect from the passage of it.
“In heavily industrialized
areas, it doesn’t work too well
because the big taxpayer gets
back more and sometimes that
causes friction between them
and the small taxpayer.
“In a county like Chat
tooga, your mills are not
heavily concentrated like
around Rossville, which is just
about totally supported by
mills.
“In rural areas the general
feeling is the tax is a good
thing,” Summers said.
“I support the idea,” said
Representative Jerry Money. “I
think it would be good for the
county. It’s working in other
counties and I can’t see why it
Davis vehicle also struck a
1975 Dodge Coronet, driven
by Alice Maxine Palmour, 46.
of 108 Redhorse Road in
Summerville. She was not
injured in the accident.
Mrs. Davis reportedly had
just left her young daughter
and son at a bus stop nearby,
where they witnessed the
violent accident.
Mrs. Tant, 48, was admitted
to Redmond Park Hospital
where she remained in
satisfactory condition
Wednesday morning for
treatment as a result of injuries
received in the accident.
In, separate interviews, she
told GSP investigators and a
reporter from The Summerville
News her accelerator became
stuck open while she was
traveling south on U.S. 27
from LaFayette near the
Chattooga-Walker line. She
recounted her desperate efforts
to stop the speeding car but
she was unable to do so.
won’t work in Chattooga. I’m
100 percent for it,” Money
said.
Summerville Mayor Sewell
Cash and Trion Mayor Jake
Woods endorse the tax. “Per
sonally, I’m in favor of the
| tax,” said Cash, “although I
have not formally discussed it
v. 'th council members.”
T ’Tm for it,” said Woods. “I
wholeheartedly support it
because all the cities and
counties I’m aware of are very
happy with the tax.”
Neighboring Floyd County
will also hold a special referen
dum on March 28 to approve
or reject the 1 percent local
option sales tax. Floyd County
Manager Robert Thacker
approves of the tax.
Floyd County voters
rejected the tax in August
1975. “People were not aware
the revenue from the tax had
to be used to roll back prop
erty taxes,” Thacker said. He
believes the voters will approve
the tax in the March referen
dum based on the beneficial
effects of the tax in Cave
Spring and the knowledge the
tax must be used to reduce
property taxes.
Automobile dealers in other
counties were initially con
cerned about how the tax
would affect their businesses.
A 1 percent tax on a $6,000
car results in an additional S6O
charge for the customer.
seated between Easley and Farrar, was
granted a permit at the conclusion of
the hearing. Easley and most of the
members of the audience expressed dis
approval over the issuance of the
license, the county's first.
In an exclusive bedside
interview Tuesday night at
Redmond Park Hospital with a
reporter from The News, Mrs.
Tant recounted the events that
led up to the accident.
She said she had just left
Shepherd Hills Convalescent
Center in LaFayette where she
works as a nurse when her car
malfunctioned.
“I started home from work
Friday morning,” she said,
“and you know that little
creek Cane Creek I thinkPnear
the roadside park it w«s just
before I got there something
went wrong with my gas pedal;
it flopped up and down. They
told me it was stuck wide
open. The car speeded up real
fast. I put on my emergency
brake to the floor. I held my
other brake to the floor but it
was just slowing it down. I was
blowing my horn and I drove
up to the field going into
Summerville. My brakes went
(out) and my brake light came
“People do not alter their
shopping for an extra penny
per dollar,” said Billy George,
research director of the
Georgia Municipal Association.
Car dealers in Valdosta and
West Point initially opposed to
the tax, because they thought
it might reduce their volume,
have not noticed any differ
ence as a result of the tax,
according to George.
CORRECTION
Taxable sales in Chattooga
County were $50,817,000 in
1977, according to the sales
tax unit of the State Revenue
Department and not a tax
revenue of $69 million as re
ported in The News last week.
“The estimated revenue
from a 1 percent local option
sales tax reported last week
was very conservative,” said
Paul Mangold of the State
Revenue Department. “In most
cases the revenue has exceeded
my estimates,” said Mangold.
“The revenue was always more
and never less than estimated,”
he added.
Mangold estimated the tax
will provide $525,923 in prop
erty tax relief here. The unin
corporated areas of Chattooga
County would receive
$320,403 in relief-Lyerly,
$10,907; Menlo, $15,183;
Trion, $50,311; and Summer
ville, $129,119, Mangold esti
mates.
residents around Davenport’s establishment and that tact showed
the public did have knowledge of the site. He also noted the site
description was in the license application and that the sheriff had
inspected the building and approved it as being suitable under the
specifications in the ordinance.
“I feel in my legal opinion ...” Farrar said, “the newspaper
advertisement was sufficient."
Easley also alleged that issuing Davenport a license would be
violating the beer ordinance because, he said, the store is in a
“predominately residential area.” But Farrar noted that the
ordinance provides that a beer store can be located in a residential
area, under the ordinance, if it is on a state highway.
“If you vote for this, you will be setting precedent ’ the
minister said of the residential question. He then quizzed the
commission members as to whether they had in tact inspected
Davenport’s commercial site. Four of the five members said they
were familiar with the site.
"I submit that this county doesn’t want beer,” Easley.told the
commission. “1 submit that this county doesn’t like beer.”
He charged that the commission, in granting a license, would
be violating the will of the residents because beer had been
outlawed following a 1942 straw vote of the City of Summer
ville’s voters.
Easley and other residents were highly critical of Commis
sioner Pete Denson, who they said was responsible for the
legalization of beer here. Denson approved the malt beverage
ordinance after a federal judge ruled the county was discrimi
nating by allowing only two veterans’ clubs to sell beer. The
opponents have charged that Denson should have revoked the
two veterans’ club licenses instead of approving the ordinance.
Denson previously had defended the action, however, saying that
he had little other choice. Revoking the licenses without reason
would likely have been contested in the courts, he said, and
defending such a suit would have been expensive from a legal
standpoint.
STOLEN VOTES ALLEGED
The Rev. Sanford Deßerry, pastor of Four Mile Baptist
Church, was also highly critical of Denson and at one point
see COUNTY ISSUES BEER LICENSE, page 3
on. The car turned in front of
me and there was no way I
could miss it.
“The cars went out in the
field. I kept asking to see a
trooper and they kept telling
me he’d talk to me. I kept
asking how were the people in
the car. I kept asking, but they
wouldn’t tell me. Finally
someone told me only one
person was in the car ...”
Os her brakes, she said. “As
long as 1 had brakes it slowed
down some, but when they
went out it didn’t.
“When my brakes went out
and I started down the hill
(was) when I hit the car.”
She recalled her car, a 1968
Ford, was traveling up to 90
miles per hour after her brakes
went out.
She was asked if she had
thought of turning off her igni
tion or putting the automatic
transmission into neutral to
stop the car. She closed her
Based on Mangold’s esti
mates, County Attorney Arch
Farrar Jr. estimates a possible
6-mill reduction in property
taxes in November 1979 could
be realized. Farrar estimates 1
mill presently produces
$58,000 in revenue. If Man
gold’s estimate is accurate,
$320,403 in tax revenue is
slightly less than 6 mills.
A 6-miii reduction in prop
erty taxes in 1977 would have
saved the owner of a $20,000
house about $36 if he had a
homestead exemption, esti
mated Commissioner Denson.
Without the 1 percent local
option sales tax the home
owner would have paid
$206.50. With the 1 percent
local option sales tax the
homeowner would have paid
$170.50.
The local tax will be col
lected by the state revenue
commissioner. One percent of
the amount collected is paid
into the general fund of the
state treasury to defray the
costs of administration. The
remainder is divided among the
county—Summerville, Trion.
Lyerly and Menlo-based on
population as determined by
the 1970 census.
The county and municipali
ties receiving the revenue must
reduce the mill rate sos prop
erty taxes in an amount equal
to the sales tax revenue. Mills
see TAX, page 3
PRICE 15c
eyes, both bruised black, and
shook her head sideways. “I
was trying desperately to stop
it with the brakes,” she re
sponded.
The native Chattoogan said
at the end of the interview:
“I’m terribly sorry that it hap
pened. I can feel for the other
family.”
Mrs. Tant said both of her
ankles were broken in two
places in the accident. Both
legs were in casts nearly up to
her kneecaps. Her nose was
broken, and the left side of her
face was severely swollen. She
said her doctor had told her
her sinuses may have been
damaged in the accident. A
deep gash on one leg was
treated, and she sustained
bruises all over her body. “1
ache and hurt all over and
when 1 sit up I get dizzy,” she
said.
She said her doctor said it
will be six weeks before she
will be able to begin walking.
Trooper Lumsden said an
inspection of the Tant vehicle
showed the accelerator was
jammed open and that the
brakes were “metal to metal ”
The trooper said no man
slaughter or homicide with a
vehicle charges will be lodged
against Ms. Tant. Under Geor
gia law malice or intent would
have to be shown and that in
this case none could be found,
he explained. The trooper did.
however, charge her with three
moving misdemeanors: im
proper passing, reckless driving,
and speeding.
Funeral services were held
Monday morning at 11 for Mrs.
Davis from Cross Funeral
Home Chapel in LaFollette.
Tenn.
Survivors include her hus
band. Ray Davis of Summer
ville; her parents. Mr and Mrs.
Clay Wilson of Speedwell.
Tenn.; one daughter. Miss
Anna Davis of Summerville,
one son, Donnie Davis of Sum
merville; two sisters, Mrs. Betty
Parks of Macon and Mrs.
Shirley Poteet of LaFollette.
Tenn.; and several nieces and
nephews.
Mayor Reports
Burglary, Theft
The Summerville Police De
partment investigated the
alleged theft of a toolbox and a
tape player from the residence
of Mayor Sewell Cash Friday
night.
Mayor Cash told officers
someone stole a toolbox with
assorted tools off his truck
sometime during the night.
Someone also entered his
daughter’s Volkswagen and
allegedly took a tape player, he
said.
The incident is still under
investigation.