Newspaper Page Text
VOLUME XCVII - NUMBE!
July Fourth
Sparkles Locally
By PAM PURCELL
The Fourth of July ac
tivities scheduled in Summer
ville this past weekend went
off without any problems, ac
cording to reports.
Despite 92-degree weather
Saturday afternoon hundreds
of area residents turned out
for the second countywide
Fourth of July Parade held on
Commerce Street in
downtown Summerville.
On Saturday numerous
residents attendyed a gospel
singing at the Chattooga High
School football field followed
by a gosl?el meeting, which
was hxfih (fhted by a SI,OOO
fireworks display at dusk.
Con%ressman Larry
McDonald served as grand
marshal for the hour-long
fiarade. Other personalities on
and for the parade included
Uncle Sam, “Miss Piggy.”
and numerous other farm
animals. ‘‘Smokey the Bear,”
riding atop a Georgia
Forestry Commission truck
also appeared in the parade.
The 14th U.S. Marching
Army Band from Fort Mc-
Clellan provided the tradi
tional marching music for the
parade, as well as did
members of the Central
Avenue Baptist Church Band
riding atoH Pennville Baptist
‘Church'’s tloat.
Sutton Visits County
Frank Sutton, a
Republican candidate for
Lieutenant Governor, visited
Summerville last week on a
campaign sweep of northwest
Georgia.
Sutton, a member of the
Georgia Senate from Norman
Park in south Georgia, recent
ly switched party affiliation
and will oppose Z{ell Miller in
the Novemfier General Elec
tion.
“When I first ran, I ran as
an independent,’’ said Sutton.
“When 1 got there (the
Senate) I reafized I wasn’t go
ing to get anything done, so I
joined the Democratic part[\;."
He switched parties earlier
this year to oppose Miller.
The outspoken south
Georgia farmer uses terms
such as ‘‘years of croynism”
and ‘‘a system that absorbs
you'"’ to describe the politics of
the General Assembfy.
Much to the dislike of
some fellow Senators, he was
instrumental in passing
legislation requirin§ installa
tion of recorded voting
machines in the Senate
Chambers. :
Accordix:f to Sutton, he
sgearheade the drive to
abolish pary raises for current
term legislators, making it on
ly possible for a legislator to
receive passed pay raises the
following term.
Unlifie House Speaker
Tom Murphy, Sutton claims
Miller “gave his power away
Wreck Injuries Two
Two local residents were
slightly injured in two
segarate cycle-automobile ac
cidents in Summerville earlier
this week.
, Those injured were iden
tified as Marlin Cook, 14, of
Martin Street in Summerville
and Jonathan Dale Pickle, 18,
of Berryton. Cook was taken
to Floyd Medical Center Mon
day evening where he was
reportedly treated for
shoulder and hand injuries
and released. Pickle was taken
to Chattooga County Hospital
Tuesday night, where he was
treated and released.
The first accident occurred
on Alexander Street around
7:37 p.m. Monday. Accordinfi
to a police regort. Coo
allegedly rode his bicycle from
a driveway into the side of a
car. The car was driven by Ed
die James Hill of Route 3,
Summerville.
Optimist Sets Baseball
Contest For July 17
The Summerville-Trion
Optimist Club will hold a Tri-
Star Baseball skills contest at
the Summerville Recreation
Center July 17 at 10 a.m. The
contest is composed of three
basic skill tests, for youth
ages 8-18, in order to evaluate
contestants’ skills in hitting,
baserunning and throwing.
All that is required in order
to compete is the desire, accor
ding to Eddy Ellenburg, club
president.
The Summeruille News
The Rome Shrine Club was
on hand with mini bikes, mini
dune buggies, motorcycles,
dune buggies and conver
tibles. The club also featured
clowns, who entertained the
youngsters along the parade
route.
Several 4 x 4 vehicles q‘ar
ticipated in the parade. The
vehicles were preparing for a
race-a-rama at the newly
constructed raceway in the
Dry Valley Community Sun
day featuring 4 x 4 vehicles
from various places.
The spirit of the west was
also represented in the parade
as a number of area residents
converged on the event on
horseback and in wagons
drawn by horses and mules.
Some of the wagons decorated
in the patriotic colors of red,
white and blue. y
The Chattooga County
Rescue Squad, as well as the
Chattooga County Emergen
cy Medical Service and the
Summerville Fire Depart
ment, featured several of their
units in the parade. Chattooga
County Sheriff Gary McCon
nell and Summerville Police
Chief Arlen Thomas were also
on hand for the event.
Crowds lined along Com
merce Street to view the
parade from Veatch’s Chevron
see JULY 4th, page 3-A
because he didn’t know how to
use it.”” ‘“The Senate is no
longer Eowerful,” said Sutton.
“You have to play by Tom
Murphy’s rules or you don’t
play.”
Sutton said he expects a
special session of the (%eneral
Assembly ‘‘real -quick”’
sometime this summer to iron
out what he feels is an ill-fated
challenge of the U, S. Justice
Department’s challenge to
congressional reapportion
ment.
Sutton is vice chairman of
the Senate Retirement Com
mittee.
YR
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FRANK SUTTON
Following an investigation
bfi’ Officer Glenn Starkey, no
e aries were filed.
The second accident occur
red on North Commerce
Street around 11 p.m. Tues
day. Pickle was traveling
south on his 1979 Honda
motorcycle, while James
Samuel Pilgrim, 19, of Rock
Creed Road in Hueytown,
Ala., was traveling south in
the adjoining lane. Pilgrim
was driving a 1976 Dodge
Colt. Accorging to the report,
the Pilgrim car improperly
changed lanes, hitting the
Pickle motorcycle in the left
side. The Pickle motorcycle
skidded a‘fproximately 61 feet
on its side before coming to
rest afiainst a curb.
Following an investigation
by Officer Starkey, Pilgrim
was charged with improper
lane change.
There will be plaques
awarded to the first two win
ners in each “:fie afroup. Every
contestant wi SO receive a
momento scorecard.
Entry blanks are available
at The Summerville News,
Summerville Recreation
Center and Farmers & Mer
chants Bank in Trion, or at
the contest site on the day of
competition. They may also be
obtained by calling Jerry
Money at 857-2838.
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747, THURSDAY, JULY 8, 1982
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Congressman Larry McDonald (waving
to the crowd) served as the Grand Mar
shal for the Fourth of July Parade held in
downtown Summerville Saturday after
Candidates File Expense
Reports With Commission
Representative candidate
Gary Gordon is apparently
the leading sFender in the
four-man race for the District
5 House seat, according to in
formation in his campaign
financial disclosure report ?il
ed last week with the state.
Candidate Earl ‘‘Red’”’ Par
ris is the apparent low
spender, accordmito informa
tion he filed with the State
Campaign Disclosure Com
mission in Atlanta.
Gordon reported expen
ditures of $1,052, while Parris
reported .that his sole expen
;iiture was a S4OO qualifying
ee. .
Incumbent candidate John
Crawford reported expen
ditures of $470, while Jerry
Money reported a $568 total
expense prior to the June 26
deadline for filing the first
financial disclosure statement
with the state.
Crawford reported cam
paign contributions from the
Georgia Chiropractors
Association and the Eagle
Forum, a national political
organization that opposed the
Equal Rights Amems)ment.
Crawford’s expenses were
$320 to Turner Advertising,
Inc. of Chattanooga for two
billboards and $l5O for
billboard poster paper.
Gordon'’s report indicated
that he spent SIBO for one
billboard llr)om Turner Adver
tising, $156 for matches from
Church Decision
A Month Away
Chattoo%a Superior Court
Judge Paul Painter is ex
pected to rule within a month
concerning property owner
ship of the Summerville
Presbyterian Church.
Approximately 75 persons
began a vi%il in the county’s
courtroom Thursday morning,
waiting for a hearing between
attorneys for Summerville
Presbyterian Church, Inc. and
attorneys for church members
Lucian C. Turner, Archibald
Farrar Sr., Stuart Marks, Jim
my Duff, Frank Agnew. An
drew Williams, Gordon Little,
Joe Ra%land and Joe Ham
mond, all respondents in the
case.
The respondents remain
under a temporary restraining
order issued June 25 by Judge
Painter, enjoining them from
“interferring, obstructing or
in any manner whatsoever
preventing’’ the free use of
church property.
Attorney A. Paul
Cadenhead, representing the
church, told the courtroom
that the case would be
present,ed in such a manner to
‘relieve’’ tension. ‘“This bein,
a church matter, it shoulg
relieve and not create
tension,”” said Cadenhead.
“As a result, we will not have
neighbor talking (testifying)
against neighbor.”
The courtroom pro
ceedings befan after almost
five hours of closed meetings
by attorneys for both sides in
Judge Painter's chambers.
Meanwhile, 75 church
members and other interested
parties wajted in the cour-
Grand Marshal Of Parade
Dixie Advertising of Rome,
$l9B for posters and cards
from Espy Printing, sll7 for
gas and oil and a S4OO expen
iture for his 3ualifying fee.
Gordon reported no contribu
tion over slOl. iy
State law requires political
candidates to disclose all con
tributions and expenditures of
slOl or more, including “in
kind” contributions, or con
tributions of services rendered
at no monetary cost to the
candidate. 5
Loans and personal money
amounting to more than SJOI
must be reported ‘as contribu
tions, according to Robert P.
Lane, executive secretary of
the State Campaign and
Financial Disclosure éommis
sion. Lane said it was un
necessary for candidates to
list the qualifying fee as an ex
penditure unless money for
the fee was given to the can
didate. &
Candidates are required by
law to file reports at intervals
both before and after elections
and primaries. The June 26
report was the first, 45 days
¥rior to the primary election.
he next report is due 15 days
before the primary July 26.
Candidates sign a notariz
ed oath, swearing to the
report’s accuracy. The law
reads: ‘‘Any person who
knowingly violates any of the
provisions of the Campaign
and Financial Disclosure Act
troom beginning at 10 a.m.
until the hearing began late
Thursday afternoon.
The hearing, which pitted
Cadenhead against the
resi)ondent's attorney, Jack
Williamson of Greenville,
Ala., lasted nearly two hours.
Cadenhead contended in
his opening arguments that
the respondents acted
unlawfully when they sought
to indenture the church’s pro
perty June 8 to form an in
dependent church.
The bespectacled Atlanta
attorney further contended
that tge majority vote of
members to withdraw from
the Presbyterian Church of
the United States on Aflril 25
was invalid because the re
quired two-thirds majority
was not reached. The
Cherokee Presbytery, of
which the Summerville church
is a part, requires two-thirds
majority vote, he said.
Attorney Williamson
countered in iis response that
a majority of a corporation
“rules the property.’ 'reVil]ia m
son further stated that the
church cannot use a civil court
to enforce church law. ‘“The
court will not be a rubber
stamp to enforce church law,”
he said.
The Sroceedin s became
entan%le in churc%n and civil
law. Cadenhead argued the
Presbyterian Book of Church
Order dictates withdrawal
from a particular Presbytery
can occur with prior approval
and-a two-thirds majority.
Williamson contended the
church’s trustees are em-
noon. Congressman McDonald flew into
town by helicopter and was driven
through the parade by A. W. Headrick
(left) of the Rome Shrine Club.
shall be guilty of a misde
meanor, on the first offense.”
The second violation and con
viction amounts to a felony
charge, with up to five years
impriscnment and a $5,000
fine.
Both candidates Gordon
and Parris reported no con
tributions of slOl or more,
while Money reported he is us
ing a S7OO personal loan for
the campaign. Money's expen
ditures included $l6B to
Herb’s Quick Copy for cards
and name badges and a S4OO
?_é‘penditure for his qualifying
ee. ‘
The county’s five school
board candidates listed zero
contributions. Menlo District
candidate James Massey
reported a $24 expenditure, an
amount not required by law to
be disclosed.
Candidates George Payne,
Joel Cook, William Anderson
and Gary Brown reported no
expenditures.
The state law requires that
only expenditures of slOl or
more must be reported in the
disclosure reports.
Expenditures are defined
under the law as a “‘purchase,
payment, distribution, loan,
advance, deposit or gift of
money or anything of value
made for the purpose of in
fluencing the nomination for
election or election of any per
son.”
powered to make a withdrawal
as corporate leaders. ‘“Does
the corporation own the
church — that is the threshold
question here?’”’ said William
son.
Cadenhead contended the
corporation does own the
Summerville Presbyterian
Church, Inc.
Church members on both
sides of the issue conversed
see DECISION, page 3-A
Uncle
Ned
Dear Mr. Editor:
It being that this here is
summertime, I must say that
this past week has been a scor
chur. I guess it reminders me
to what my ole pappy used to
say about it, that summer is
the season that you look for
ward to all year, gripe about
when it arrives, and are sorry
when its gone.
I also red where the local
chamber assisting the county
applied for the grant for the in
dustreal park. Mr. Editor, I
beleave that iffun we can
mqnage to be approved for it,
we, Chattooga County, can
really start to offer industries
a site for their expansions here
in our beautiful county with
the best people anywheres.
Yores Truly,
UNCLE N%D
County’s JP Pay
May Be lllegal
By JAMES BUDD
Chattooga County’'s new
salaried Justice of the Peace
system got off to a stormy
start Jug 1, with at least two
of the JPs and Commissioner
Wayne ‘‘Pete’’ Denson calling
the salary system unconstitu
tional. :
The controversy was fann
ed further when it was disclos
ed that Probate Judge Jon
Payne, who acts as the coun
ty’s Small Claims Court
{;Jdge. and Justice of the
eace Jess Emor{ were to re
main on the fee si'st,em.
despite the new law abolishing
the system in lieu of a salary
system.
Commissioner Denson set
the salary of Gene Kellett, the
county’s only full-time JP, at
$8,500 and giaart-time Justice
of the Peace Ralph Brown’s at
$4,800. =
According to House
Judiciary Committee Chair
man Wayne Snow,
D-Rossville, author of the bill
abolishing the fee system,
county commissioners can
keep JPs on the fee system on
ly under the provisions of
“Plan B” of the bill. Plan B
sets up a system to pool fees
collected, which in turn are
doled out to the JPs as a mon
thly salary.
Plan A of the bill, which
was adopted b{ Commissioner
Denson, stipulates a straight
salary system for JPs.
According to Snow, only
Plan B allows the fee system
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The spirit of the west was represented in
last Saturday’s Fourth of J u?y Parade in
downtown Summerville with a number of
wagons and horses on hand. A surrey,
owned by the Bandys of Trion, was
decoratedy in the patriotic colors of red,
Response Expected Soon
Regarding $26,000 Error
Summerville City At
torney Ben Ballenger said
Tuesday he will file a legal
answer by the end of the week
in response to a suit filed by
the state Peace Officer’s
Benefit and Annuity Fund
June 11, charging that Sum
merville owes the fund nearly
$26,000 in bond forfeitures, in
terest and penalties dating
back to 1970.
Ballenger said he was
uncertain if the matter will go
to court and contended there
is 'some question concerning
Church Has New Pastor
Summerville United
Methodist Church has an
nounced that the Rev. John A.
Giglio has assumed the posi
tion of church minister.
The Rev. Giglio came from
Graysville United Methodist
Church on the Georgia-
Tennessee line. The Atlanta
native said he hopes to work
with the community and
church to improve the church,
eslf)ecially the V‘}'outh
fellowship program. ‘“We hope
to improve the church beginn
ing with the younF people
(programs) and the families,”
said the Rev. Giglio.
The {)asbor. who was in
Graysville for almost five
years, brought his wife.
see CHURCH, page 3-A
to remain under a trusteeship
rmniring an annual state
audit of collected fees. .
Lefia.l sources at the State
Capitol said Chatbot:sa Coun
ty's proposal violated the in
tent of the law and a writ of
mandamus act would have to
be brought to correct the
situation. :
Commissioner Denson said
Tuesday he was ‘‘going to
stick with what I was told”
concerning the new law. “I
think the whole thing (the new
law) stinks,”” Denson said.
“It’'s unconstitutional (for a
commissioner to set an elected
person'’s salary).”
Rep. Snow said it was up
to the courts to decide the
question of constitutionality.
“It was a very hastily-drawn
bill —that's why we are dazzl
ed by it,” said gnow.
Snow said a federal court
ruling in Mississippi declaring
the state’s fee system un
constitutional would have
signaled the end of the system
in Georgia.
The Rossville Democrat
said it was not the intent of
the bill to include Probate
Judges in the law, but Georgia
Attorney General Mi%(le
Bowers cf;bermined that the
new bill affected all courts of
limited jurisdiction, including
the Probate. .
According to Rep. Buddy
Darden, D-Marietta, a
member of the House
Judiciary Committee, the bill
saved the JP system tem-
Spirit Of The West
white and blue. Ridiug in the surrefi were
(front seat) Ben Bandy, Sherry Band
and Bill Bandy; (back seat) Mrs. FranK
dß:amdy, Melissa Bandy and Laura Ban
y.
the city's owing $4,066 in
penalties.
Mayor Sewell Cash said
Tuesday a compromise might
be worked out regarding the
nearly $26,000 allegedly owed.
“I still question the
penalties,” said Cash. “We
might be able to work
something out.”
Cash contended that the
money stayed in the city's
general fund. The mayor said
a new auditor will check the
records, giving careful atten-
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SRR A R
THE REV. JOHN GIGLIO
PRICE 20c¢
porarily. “The JP s¥atem
would have been abolished
under the fee system,” said
Darden, a former Cobb Coun
ty District Attorney.
Darden said the new con
stitution, if ratified by voters
in November, will abolish the
JP system and replace it with
magistrate s%stem. The cur
rent JPs will automatically
become magistrates upon
voter ratification of the
state's new constitution. A
Chattooga JPs Kellett and
Brown denounced the bill as
unconstitutional. ‘“‘lt's not
worth a damn,” said Kellett.
“It’s unconstitutional and I
don't like it.” :
According to reports sub
mitted by Kellett to the com
missioner, Kellett's net in
come last year from fee
receipts was $7,798, or $702
less than his new salary.
Kellett’s report indicated his
total receipts were $10,063
with exgenses of $2,265. Den
son said he will give Kellett
one part-time secretary at a
minimum wage pay scale.
Brown's court reported a
total receipt of $6,425 with ex
penditures of $1,200 for con
stable compensation. His
total salary from the court
was $4,313 last year.
Emory reported a net in
come of $3,085 last year.
Judge Payne's small
claims court grossed receipts
of SI,BBO with expenditures of
$1,831 for a net profit of $49.
tion to the Recorder’s Court.
A mysterious tipster led
officials of the fund to conduct
an audit of the city Recorder’s
Court last July, revealing a
$26,000 discrepancy.
Fund officials charge the
city owes the account, set up
by the legislature in*l9so to
collect a percentage of fees col
lected in courts throughout
the state for law officers’
benefits, $16,247 in back bond
forfeitures, $5,682 in interest
and $4,066.
Fund officials charge the
city sto%ped paying a percen
tage of bond forfeitures from
March 1970 to December
1981.
Cash said ‘‘someone’’ ap
?arently thought the bond
orfeitures no longer needed to
be included in the percentage
paid to the state.
Registration
Deadline
Is Monday
The deadline for register
ing to vote in the Aug. 10
General Primary is Monday,
J ul{‘ 12.
o register to vote a per
son must be 18 years of age, a
legal resident of Georfiia and a
legal resident of Chattooga
County.