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VOLUME XCIV - NUMBER XVIII
Outcome/f^f Judge’s Order In
Clear-Vv^ase Remains Foggy
By DARRYL YOUNG
Immediate restoration of
three blocked-out cable TV
channels in Trion appears to be
uncertain despite issuance of a
temporary court order striking
down the blackout as illegal.
Superior Court Judge Paul
W. Painter last week issued, the
temporary order that con
cluded Clear-Vu Cable Inc. did
not have the “legal right” to
discontinue three channels to
customers in the Town of
Trion. Judge Painter ruled that
“temporary relief sought” in
Trion’s complaint should be
granted, but denied Trion’s
request that customers who
dropped cable service after
Feb. 1 be allowed to reinstate
cable service free of charge.
The temporary order may
not carry as much weight as
many residents first assumed.
Judge Painter told a reporter
from The News that Clear-Vu
has 30 days in which to
comply with his order. Judge
Painter also explained that if
Clear-Vu files an appeal the
firm can continue to withhold
the three channels pending the
outcome of the case.
Cash: Fluoridation
Required By State
Mayor Sewell Cash said late
yesterday he has been in
formed that the City must
include a fluoridation program
in its proposed plan to update
the city’s water system before
state water quality control
officials will approve the
project as required.
Cash said a little-known law
passed in 1973 requires munici
palities to fluoridate their
water if state funds are avail
able.
The mayor said in recent
days he received a letter from
the water quality control
branch of the Department of
Natural Resources which said
the city is required to comply
with that law and that state
funds are available for fluori
dation.
Cash explained that the
state, under the law, would
foot the bill for the fluori
dation system and pay for
chemicals and upkeep for a
Mary Salley Rebounds
From Long Illness
By TOM KIRWAN
For much of the last two
years local residents talking
about Mary Salley did so in
hushed tones. Struck down in
November of 1977 by viral
herpes encephalitis-an often
fatal infection of the
brain-news of the young
school teacher who had grown
up here was often depressing.
Her condition during the
first year remained guarded.
After her initial convulsion at
the elementary school where
she taught in Decatur, her life
became a living nightmare.
Initially admitted to DeKalb
General Hospital, within a few
days she was transferred to
Emory Hospital in Atlanta for
tests and treatment with a
special drug.
Her condition continued to
deteriorate, and around
Thanksgiving she lapsed into a
coma for two weeks. She
developed pneumonia and
doctors performed a
tracheotomy to relieve her
congestion. At various times
she suffered from allergic
reactions to medication,
dehydration, kidney infection,
infection in the blood stream,
high fever, headaches and an
assortment of other problems,
including diarrhea.
Finally, her weight down to
90 pounds, she was transferred
a year ago to the Chattooga
County Hospital where her
recovery began in earnest. A
therapist here had his work cut
out for him as Mary’s legs were
still drawn at about a 20-degree
angle after three sets of casts
were used to straighten them,
the result of a magnesium
deficiency. Forcibly her legs
were straightened and her
strength began to slowly come
back to her through a regimen,
pf exercises.
Six weeks later, she was able
to return to the home of her
parents, Ruby and John Salley
(Tin Sumtneruille fas
/ r
Clear * sident, Boyce
Dooley, S ' , “I’m dis
appointed; I really didn’t think
that the decision would go the
way it did.” He said Clear-Vu’s
next course of action has not
yet been determined. Dooley
added that the company “is
not sure” when full service will
be restored to Trion. “We’re
getting together soon” to
discuss the ramifications of the
order, he added.
Clear-Vu’s attorney, Pete
Boney, pointed out that the
judgment was an “inter
locutory order” and was only
temporary, that is, not a final
decision. “A regular trial on all
the issues,” Boney said “will
have to be scheduled. The rest
of the case is still pending.”
Other than explaining the
procedure and judicial process,
Boney said he could not com
ment on the specifics of the
case due to ethical restrictions.
If a case is openly discussed by
either attorney before the final
judgment, it could jeopardize
its outcome, he said.
Members of the Trion Town
Council contacted by The
News expressed a certain
period of six months. After
that, the city would have to
pay the costs of fluoridation.
Cash said he hopes to call
the City Council into session
tonight in order to pass a reso
lution approving a fluoridation
program here. Without it, he
said, the state will not grant
permits necessary for the
massive waterworks project to
begin.
Because delays involving the
project would translate into
higher costs, he said, it’s
important that the fluoridation
requirement be fulfilled as
quickly as possible.
He also noted that the 1973
law allows a community to be
exempt in the event fluori
dation is turned down in a
special referendum. Such a
referendum can only be called
if 10 percent of the voters in
the last regular election sign a
petition asking for such a vote.
of Nixon Drive, to continue
her recovery.
Today, a year after her
return home, Mary is slowly
but surely recuperating. No
longer confined to bed, she
scoots around the Salley’s
comfortable Colonial Williams
burg home in a wheelchair,
exhibiting a gusto for life that
visitors can admire.
If she has her way, she
won’t be wheelchair-bound for
long. She is learning to walk
again, happy when visitors,
family members and house
keeper Eva Byrom help her
keep her balance as she
practically races through her
home’s rooms, so much so that
it’s not uncommon that those
who help her caution her to
“slow down.’’ Walking and
exercises are helping her to
regain the use of her legs,
which have developed a
spasticity brought on from
nervous system damage during
her long illness.
Mary can’t help but be an
inspiration to those around
her. She writes at least a couple
of letters a day, kiddingly
grumbling that her pen pals
can’t seem to keep up with her.
Written in straight, neat rows,
her letters bear little resemb
lance to her earlier efforts
when her scrawls were some
times hard to decipher. She
beams as she shows a visitor
the contrast in writing styles;
hers is the smile of a young
woman whose successes have
come in small but rewarding
steps.
Although plagued with
headaches and a keen sensi
tivity in her hands and feet, she
has remained undaunted by her
physical problems. Since re
turning home she has been in
two weddings and regularly
enjoys eating out at restau
rants. Her yearn for good
cooking worries her a bit,
though, so much so that she’s
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747, THURSDAY, MAY 31, 1979
amount of optimism over
Judge Painter’s order.
Councilman Don Hayes said
“I’m real glad something has
been done and hope something
good will come of it.” He
added that he thought that the
general feeling of the council
concurred with his. “I hope
☆ ☆☆☆☆☆
Here’s Text Os Order:
The text of Superior Court Judge Paul W.
Painter’s temporary order in the Trion-Clear-Vu
case (see story above) is found below:
TEMPORARY ORDER
In this action which came on to be heard on
April 16, 1979, the plaintiffs seek a temporary
injunction to restrain and enjoin the defendant
from its action blocking out on its transmission
lines within the Trion corporation limits the
reception by its subscribers within the Trion
corporate limits of any channels or station
transmission carried by defendant throughout
its system, and specifically those three channels
blocked out by defendant’s action on February
1, 1979. Plaintiffs also seek to have those
subscribers whose cable-TV service has or may
be discontinued as a result of the defendant’s
action in blocking out part of their station
reception be allowed to reinstate such service
without payment of defendant’s installation
charges. Because of insufficiency of evidence at
the interlocutory hearing, the latter relief
sought by plaintiffs will not be considered for
temporary relief.
The defendant filed its First, Second, Third
and Fourth special, defenses which the Court
overruled and denied at the temporary hearing
but agreed to reconsider the same further, and,
upon reconsideration the Court reaffirms and
denies the first four defenses of the defendant.
The defendant also contends that the plaintiffs
are not entitled to the relief sought.
FINDINGS OF FACT
The Court did not consider the affidavit of
Robert C. McKinney dated April 13, 1979.
The Court finds as a matter of fact that on
January 22, 1970, the Mayor and Council of
the Town of Trion, Georgia, entered into a
franchise agreement with Boyce Dooley
granting to said Dooley an exclusive franchise
for a period of twenty (20) years to erect,
maintain and operate an antenna television
transmission and distribution facility in the
Town of Trion, subject to all of the conditions
and provisions thereof. The agreement is
attached to the complaint as Exhibit A and is
admitted by the defendant in its answer.
Pursuant to said franchise, Boyce Dooley
assigned and transferred the same to Clear-Vu
Cable, Inc., the defendant in this case. There
upon, the defendant through Boyce Dooley,
its president and general manager, constructed
the facility provided for in said franchise and
upon completion thereof began advertising to
concerned now about gaining
too many pounds.
She enjoys having visitors at
her parents’ home, and likes to
travel with Ruby and John to
see relatives in Tennessee.
Fortunately, Mary
remembers little of her long
stays in the three hospitals
where she was treated. “I
remember coming home,” she
says, “but I (only) remember
what my mother has told me
about it (her hospital stays).’’
What she does recall are posi
tive memories—her father, who
is executive vice president of
First Federal Savings and Loan
in Summerville, taking her for
rides in her wheelchair down
hospital halls, for example.
“Things are coming back to
her,” explains Ruby, who
suspects that her daughter has
psychologically blocked out
her grim days in the hospital.
By and large Mary has
remained in good spirits during
her recovery, Ruby says. As
she’s gotten better, though, the
number of visitors coming to
the Salley home has tapered
off a bit, and Mary says she
misses the visits and sometimes
gets depressed.
Ruby, who returned to
teaching fifth grade at North
Summerville Elementary
School last August after taking
a leave of absence to be with
Mary, believes that her daugh
ter’s independence and her
habit of always trying to do
well have played a big role in
her recovery. Returning to her
home environment has also
helped, she said.
Mary looks forward to the
day when she will be able to
drive her sports car again so
that she can go visit friends. A
former lifeguard, she also can’t
wait until it’s warm enough,
and she’s physically able, to go
swimming.
Such goals at one time
would have been almost un-
that it (the .temporary order)
will be a constructive thing. I
think the judge did in all
honesty what he felt was fair,”
he said.
“I feel it is a victory,”
Councilwoman Robbie Camp
said Tuesday. “We’re going to
just have to sit back and wait
the general public as well as residents of the
Town of Trion that it would furnish services of
twelve (12) television channels. The defendant
in its early operation of the community
antenna television system (CATV) furnished all
customers in Chattooga County, including the
Town of Trion, twelve (12) television channels
for the viewing pleasure and were so furnishing
all subscribers, including the Town of Trion,
twelve (12) viewing channels in May of 1978
when defendant through its representatives
appeared before the Mayor and Council of the
Town of Trion and orally requested that the
franchise agreement aforesaid be amended to
remove Section 19 therefrom, which provides
3S folloWS’
SECTION 19. The charges by grantee shall
be fair and reasonable and exclusive of any tax
or taxes which may be assessable against the
scheduled installations or services, shall initially
be as follows:
Charge for the standard initial attachment
shall not exceed $20.00. Unless prior approval
of the Mayor and Council is first obtained,
charges of monthly transmission for the first
television receiving set and SI.OO per month for
each additional television receiving set, not
exceeding three such additional television
receiving sets. Provided that in installations
requiring extensions of cable or facilities in
excess of ordinary and customary requirements
or requiring additional connections in excess of
three such additional connections, charges shall
be negotiated between the Company and the
subscriber.
Subsequent to this request, negotiations
evolved betweth ine Town of Trion and the
defendant relating to Section 19 of the
franchise agreement but no resolution was had
between said parties, and on December 11,
1978, defendant made a written request to the
Mayor and Council to increase the monthly fee
to $6.90 per month for transmission services
beginning January 1, 1979, to all of defendant’s
customers residing in the Town of Trion. On
December 13, 1978, the Mayor and Council
acknowledge receipt of defendant’s request to
change the monthly rate increase from $5.75
(the record being silent as to when the $5.75
rate initially became effective) to $6.90 per
month effective January 1, 1979, and requested
that defendant transmit financial data “such as
is commonly transmitted to rate approval
(Continued On Page 5-A)
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Mary’s Recovery ''Remarkable’
Ruby Salley watches as her daughter, Mary, works on
a punchwork rug she started before Mary contracted
viral herpes encephalitis two years ago. Mary’s doctor
says her recovery has been “remarkable.”
thinkable.
Dr. Herman Spivey, her
physician who is also a neigh
bor, says Mary’s progress has
been “unreal.”
With “rigorous therapy and
pushing, she has done
remarkable,” he comments.
According to Dr. Spivey,
the Medical Department of
Emory University has found
that Mary’s illness is the most
common form of encephalitis
caused by a virus that occurs
sporadically.
Untreated, the disease has a
mortality rate of 80 percent,
he notes. With treatment
and see,” she said about the
possible restoration of cable
service.
Trion Mayor Jake Woods
also took the posture of “wait
and see.” His recommendation
was for The News to get a copy
of the temporary order and
draw its own conclusions.
before a coma occurs, as was
Mary’s case, the mortality rate
is from 20 to 30 percent.
When Mary smiles and says,
“I’m getting better,” there’s no
doubting that the determined
26-year-old is and will continue
to do so. Today, the hushed
conversations about Mary
Salley have subsided, replaced
with optimistic and positive
comments about the young
woman who has fought and
won her personal battle against
death, beating the enormous
odds that weighed so heavily
against her.
Local Seniors Graduate
In Programs Next Week
Over 200 Chattooga County seniors will
make the step from the world of school to
the world of work or higher education next
week as area high schools hold graduation
exercises.
Chattooga High will hold its graduation
exercises Tuesday at 7:30 p.m. in the
school gym. This will be the 15th gradu
ating class from the school since it was
built in 1964. There will be approximately
165 graduating seniors, 27 of which are
honor graduates who have maintained a
90-point average or better during their high
school career.
Invocation and benediction at the exer
cises will be given by Dr. Jack Colwell,
pastor of Summerville First Baptist
Church. The devotional will be given by
the Rev, Charles Bennett, pastor of
Summerville Methodist Church.
Class president Susan Head will give a
welcoming address to the parents, relatives
and friends of the graduating class. Vale
dictorian Delona Eller will address the
assembly as will Salutatorian Jon Wyatt.
Principal Jack Herring will make a
presentation of awards and Superintendent
Bill King will present diplomas to the
seniors.
Graduation exercises at Trion High will
be held Monday at 8 p.m. in the Trion
Community Center. The 52nd graduating
class will have 71 students participating in
Probe Launched In
Hospital’s Treatment
Os Accident Victim
By TOM KIRWAN
A special committee was appointed Monday
night to investigate the medical treatment of an
11 -year-old accident victim at Chattooga
County Hospital two weeks ago prior to her
being transferred to a Rome hospital where she
died three days later.
Hospital authority chairman Charlie Williams
named a three-person panel to probe allegations
raised at the monthly meeting of the authority
by Mr. and Mrs. Bill Brinkley, whose daughter,
Becky, died May 18 at Floyd Medical Center
from a massive blood clot. The Trion Ele
mentary sixth-grader had sustained a head
injury after she skateboarded into the path of a
truck on Thomas Road near Trion late in the
afternoon of May 15.
A local hospital ambulance rushed the young
girl, who her parents described as being
conscious and alert to the local hospital where a
Summerville physician admitted her for X-rays
and observation.
“The child was conscious,” Mrs. Brinkley
said. “She wanted to go home. I felt in my
heart she was all right.”
Admitted around 6 p.m., the young girl was
rushed some 566 hours later by ambulance to
Floyd Medical Center in Rome after her blood
pressure dropped to a critical level and she quit
breathing (and was revived), according to
family members.
The Brinkleys, along with two of the girl’s
aunts and a friend of the family, said they had
come to the authority meeting Monday to air
their dissatisfaction with several aspects of the
young girl’s treatment at the local hospital.
At the meeting family members alleged:
* That the parents were not fully-informed
by ambulance personnel that it was the
Brinkleys’ decision as to where the child could
be treated. It was clarified at the meeting that
there was no requirement for an ambulance on
an emergency run to stop at the nearest hospi
tal, that if a victim or his or her family
requested, the ambulance could bypass the
local hospital en route to another medical
facility. Hospital administrator Bobby Throne
berry said that when that procedure is followed
a form must be signed by the victim or family
members releasing the hospital from responsi
bility for the decision. Further, he said, it is
often advisable for an ambulance patient to be
taken to the local hospital, stabilized, and then
carried to a larger hospital for further treat
ment. He noted, too, that insurance policies
often do not cover ambulance trips when a
patient is not first taken to the closest hospital.
* That the nurses on duty had failed to
adequately keep the young girl under obser
vation-that her vital signs had deteriorated
the exercises. Sixteen of the seniors are
honor graduates.
Trion baccalaureate services will be held
Sunday at 8 p.m. Baccalaureate is a
sermon-type address that is delivered to a
class or group at commencement services.
The speaker for the baccalaureate services
this year will be the Rev. Bobby Minter of
Trion Church of God of Prophecy.
Speaking for graduation at the services will
be Beth Ware. Chris Hoover and Kimberly
Spray berry.
Graduation exercises invocation will be
given by the Rev. James Cordell, pastor of
Trion First Baptist Church. Four seniors—
Charles R. Chamlee Jr., Stephanie Deeanna
Johnson, Kimberly Diane Sprayberry and
David Glenn Westbrooks—will then sing,
“You’ll Never Walk Alone” for the
assembly.
Three honor graduates—Class President
Doris Elizabeth Ware, Robert Christopher
Hoover, and Kimberly Diane Sprayberry —
will individually address the assembly
following the song.
Principal Clarence Blevins will then
make a presentation of awards and the
board of education will present the
diplomas.
Benediction will be given by Minister J.
Farris Baird of Pleasant Grove Church of
Christ.
seriously before it was realized her condition
was worsening. An aunt, Marlene Renfroe,
charged that when the girl’s condition grew
worse that the attending physician “bawled out
the nurses for allowing her” condition to
degenerate so far.
* That the attending physician failed to
recognize a crack in the child’s skull the family
said showed up in an X-ray taken at the local
hospital.
* That nurses, after repeated requests from
the family, failed to notify the attending
physician that fresh blood was in evidence after
the girl had thrown up some 216 hours after she
was admitted to the local hospital. The blood,
family members felt, was an early indicator that
the girl’s condition was worse than initially
believed.
* That nurses administered aspirin to the
child, which family members said made the girl
sleepy and therefore hampered their assignment
of keeping the girl under observation for possi
ble evidence of internal injuries.
* That the chief nurse on duty did not check
on the girl until her condition grew very serious
and that the nurse “was more concerned about
running us out of the hospital,” Mrs. Renfroe
said.
“We are not here out of bitterness or
malice,” Mrs. Brinkley emphasized repeatedly
to the hospital authority after outlining the
family’s allegations. “This won’t save Becky.
But this may save another mother from going
through what I did.”
She said the “public needs to be aware the
hospital is not equipped to handle emergen
cies.” She said she was most concerned that
many residents are under the mistaken notion
that an ambulance could not bypass the local
hospital to take an emergency victim to another
medical facility.
“I’m not saying my Becky would be alive
today (because of her treatment at the local
hospital),” she said, “because it was God’s
will.”
“Any words I could say to you is not going
to bring back your child,” said authority chair
man Williams respectfully. “But I assure you a
full investigation will be made of this and that
you will get a copy of what we find.”
He continued, “No stone will be unturned.
If we find someone on the staff is incompetent,
then I think we should get rid of them.”
Williams, in appointing a three-member
panel to review the matter, said, “1 want the
facts. If we find people were negligent, we
better find out about it and do something
about it.”
Williams appointed authority member
(Continued On Page 5-A)
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