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Judge To Weigh Road
Paving Suit Evidence
Chattooga County Superior
Court Judge Jon B. I;Voog?next
week is expected to consider
evidence and arguments in a
lawsuit over whether Commis
sioner Harry Powell should be
ordered to resurface the road
past the home of a former coun
ty attorney.
A hearing on the issue was
held last Thursday afternoon
before Wood. Summerville at
torney Arch Farrar Jr.
presented evidence and
testimony why he feels Penn
ington Drive gast his home and
that of Robert McWhorter
should be paved in compliance
with a state contract. Ben
Ballenger, a Summerville at
torney representing Powell,
presented the county's case
and asked that garrar’s
lawsuit be dismissed.
After the hearing, Judge
Wood gave Farrar until last
Tuesday to submit written
briefs on issues in the case and
Ballenger until next Monday to
res%ond to Farrar.
oth attorneys briefly
arFued over points of law.
After both sides rested the
judge asked what had been the
purpose of the hearing.
PURPOSE
Ballenger contended the
purpose was to determine
whether Farrar and
McWhorter were entitled to
bring the action before the
court as third party
beneficiaries. Farrar contended
its purpose was to determine
facts in the case, to obtain a
temporary injunction against
the county to prevent it from
violating terms of a state con
tract, to keep from losing state
funds, and to halt what he
termed ‘‘waste’’ of taxpayer
money by the county.
Ballenger said he wasn't
sure Farrar and McWhorter
could sue the county under the
doctrine of sovereign immuni
ty but Farrar argued that the
legal doctrine didn't apply to
the lawsuit.
Farrar grilled Commis
sioner Powefi at length during
the near two-hour hearing.
“I don’t remember this
special one,”” Commissioner
Powell replied after looking
over an agreement between the
county and the Georgia
Department of Transportation
to pave several county roads.
The commissioner said he sign
ed a number of documents dur
ing the course of a year and
couldn’t remember them all.
The April 11, 1986 document
wouldn't be in the county's
minutebook, he said, because
the person who replaced the
former county clerk had been
in the hospital for some time.
Asked if he had signed the
DOT contract, Commissioner
Powell responded, ‘I don't
recall it."”
COUNTY ROAD?
Powell also said he hadn't
looked to see if Pennington
Road, also known in the legal
action as County Road 339,
was on the register of county
roads. Farrar asked the com
missioner if he had any reason
to believe that it was not a
county road.
“That would be a hard
answer right there..."” he
said.
Farrar read part of a deposi
tion he said Powell gave two
weeks before in whic%x he was
asked if he had any doubt
County Road 339 was on the
DOT contract when he signed
it
“Not a bit,"”" he quoted the
commissioner as saying.
*“ ‘lt was there? "
‘*¥Yessir. "
* You saw it? !
“*1 did. I did and 1 made
question of it." "
Farrar then asked Powell if
he hadn't just said during
Thursday’s hearing that he
hadn't seen it on the DOT con
tract and hadn't discussed it
with anyone.
20 chdn't see that paEer
there. I didn't know about that
different handwrit there,” the
commissioner replied.
MEMOS
The commissioner said
DOT memos dated March 11
and March 20, 1986 didn't in
clude the roadway.
Farrar said the memo was
not the contract.
“Right," the commissioner
replied.
Farrar then asked whether
County Road 339 was on the
DOT contract when he signed
it last April.
“Right,” the commissioner
replied.
At one point, Commissioner
Powell asked Farrar, ‘“Who has
denied you paving that road?”
“Will you pave the road?”
Farrar asked.
“If we can get to it,"”" the
commissioner said, citing pen
ding road work and weather
conditions.
Farrar then asked Powell if
the road would be paved, the
schedule and weather
permitting.
“I intend to pave every
road in Chattooga County if
our one percent tax money
holds out,” the commissioner
replied.
NO CONSENT
After several more ques
tions, Ballenger said the coun
ty was not agreeing to a con
sent order angrhad asked for a
jury trial on the mandamus re
quest by Farrar and
McWhorter.
Asked if Pennington Road
was out of r:aipair. the commis
sioner re?lie . ""You might call
it out o re}l)air but it's not
dangerous."” The commissioner
contended that a number of
roads in the county was in
worse condition and in need of
Raving more than Pennington
oad. Later in the hearing, he
was able to display instant
photographs of roa(Ils he had
taken the day before, saying
that they were in worse shape
than Pennington. One was
taken near the home of former
Commissioner Wayne *‘Pete"
Denson, he said.
The commissioner said he
had found only one hole in Pen
nington Road. After several
more questions, Farrar asked
whether the standards on
whether a road needs work are
in Powell's mind.
“Yessir, when I ride 'em,”
the commissioner replied.
Farrar then asked if the
county had any written stan
dards for roads.
“None whatsoever . . . " the
commissioner said.
The attorney then asked
the commissioner if he knew
the county stood to lose state
funds for the roadway.
“Possibly, yes,"”" Powell
said, adding that he would
pave it if ordered to do so by
the court.
“BAD SHAPE"
McWhorter testified before
Powell, saying that the road
way was ‘‘ln pretty bad shai)e,
a lot of potholes — potholes
and pothoies on top of potholes
- subsLandarS." After
Ballenger voiced an objection,
the judge ordered that
McWhorter s remark about the
road being ‘“‘substandard’ be
striken.
In cross-examination,
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P e e ; 3 PR by Sl el
Midget Falcons Football Team
Pictured are members of the midget
Falcons football team. They are from left
to right, in the front row, Matt Pilson,
Dennis Winters, David Long, Jeffery Ed
wards, Bobby Hunt, Tad Afien and }l‘odd
Rosson; in the second row, Michael Coker,
Dale Winters, Wendell Flood, Ronnie Par-
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BTSRRI Re DR S M oA S A Nel e o i
IETTRINEY T R R e Reath TR A v R T GBI T i
Cheerleaders for the Falcons include Amy
McCrickard, center front; and from left in
the bottom row, are Keri Beth Hill (bot
tom) and Christy Deering (top), Stephanie
Prince, Bonita Shipman, Holly Burrage,
Carla Ledford, Kristi Ellis, Tonya
Lowrance, Tonya Rowlls, Debbie Padgett
I Cord of Thanks
We wish to thank the pastor
R. B. Timmons of the General
Assembly of The First Born
Church of God, The Faith Tem
ple Quartet of Summerville and
John the Singing Revelator
from Calhoun, the Chattooga
County stores and restaurants
and everyone who participated
in the benefit for Doug Miller
‘which was held on Sept. 13,
1986. Our sincere thanfel.)s.
Mr. and Mrs. John Miller
McWhorter said there were
two houses on the stretch, his
and Farrar's. He has never had
to have a wrecker, truck or
tractor to pull his car along the
roadway to leave his property,
McWhorter said in response to
a question by Ballenger. He
has been unable to leave along
the roadway twice, McWhorter
said, botI; times due to
flooding.
Summerville attorney Ed
Surles, who described himself
as ‘‘a county attorney' for
Powell, indicated he did not act
in an official capacity when he
received a copy of Farrar's pro
posed lawsuit. Surles testi?ied
that Farrar told him that he
wouldn’t bill the county for
some work Farrar had done for
Tax Commissioner Hugh Don
Hall and not file the lawsuit if
Powell would pave the
roadway.
DEAL?
**l considered it you wanted
me to see if | could make a deal
with the commissioner,"” Surles
told Farrar from the stand last
Thursday.
Prior to Farrar giving him
a coPy of the l!,)roposed lawsuit,
Surles said, Farrar had asked
him to find out if Powell in
tended to pave the roadway.
Surles said he was never able
to obtain a definitive answer on
the 'matter from the
commissioner.
Farrar then asked whether
Surles and Farrar had worked
together on county business,
such as presenting a bill to
Powell for Midwestern Scann
ing Service.
“All I did was act as a go
between because you didn't
want to present it to him
yourself,”” Surles said.
He described his role in a
federal lawsuit filed against the
county and Sheriff Gary
McConnell and the subsequent
trial as ‘‘an obselr#er" rather
than an active couftroom par
ticipant. He doesn't handle the
trial of cases any longer
Falcon Cheerleaders
Whitman
Resigns
David Whitman, assistant
district attorney for the
Lookout Judicial Circuit, has
handed in his resignation, ef
fective Dec. 1.
Whitman, a resident of
Cloudland, said his move was
for professional reasons.
He began work in the
district attorney's office in Ju
ly, 1983.
because of health reasons,
Surles said.
A. W. Headrick of Headrick
Construction Inc., Summer
ville, testified that he is conti
nuing to do resurfacing work
for tie county, under county
contracts wiLl,\ the DOT, for
the DOT directly and under the
Local Assistance Road Pro
gram (LARP).
He has not paved County
Road 339, or Pennington
Drive, Headrick said, because
he had not been authorized to
do so by Commissioner Powell.
Headrick said at one point
that Powell had told a member
of Headrick's staff to ‘“hold
up’’ on the roadway but the
judge ordered the remark
stricken as hearsay after
Ballenger objected.
COSTS
Cost to the county for pav
ing the short roadway wouf()I be
around $2,500 to $2,600,
Headrick estimated on the
stand, plus some $15,000 to
$16,000 in state funds.
Farrar later contended that
loss of the state funds would
require the county to pick up
the entire cost of the paving
project.
Commissioner Powell said
he looks at several factors
before paving a road, including
condition of the road, popula
tion along the roadway and
whether it is a school or mail
route. Farrar then elicited
testimony from Powell that the
county had paved some roads
with two or three houses
alongside the roadway.
The commissioner also
testified that the county is now
receiving about SIOO,OOO per
month in sales tax revenue.
Farrar asked whether
Powell had caused the county
to lose a state contract on
State Line Road and Little
Sand Mountain Road.
Powell agreed that the con
tract had been lost, saying it in
volved a right-of-way problem.
ris, Shawn Hall and John H. Mize Jr.;
third row, coach Teddy Browning, David
Tudor, Mike Sellers, Mark Ballard, Doug
Studdard, Jared Hosmer, coach Mike
Sellers and Chris Bowman. Not pictured
is coach Farrill Allen. (Staff Photo by Earl
McConnell).
(bottom) and Kanissa Shipman (top); in
the top row, Andria McDowell, Courtney
Hosmer, mascot, and Gin%ar Peppers.
Not pictured are sponsors Donna ghip
man and Carol Hosmer. (Staff Photo by
Earl McConnell).
Cord of Thanks I
We would like to thank
everyone for the love and com
passion that was shown to Bill,
Kathy and Bobbie when Eloise
died. During this time we saw
the true love of God come
through for those suffering. We
know that i/ou prayed for them
and we ask you to keep pray
ing. Thank you Luther, Talley
and Clyde for the words we
needed to hear.
Bill's Brothers and
Sisters
BANNED IN DOUGLAS COUNTY
Changes Not Likely
In Prayer At Games
By KAY ABBOTT
Staff Writer
Local coaches and administrators
are determined to stay with their
schools' athletic traditions of prayer
despite a federal court order banning
the practice in Dou%las County.
Head coaches of Chattooga and
Trion high schools were outspoken
against Lfie prayer ban. Both express
es their belief t{at prayer has a place
in school athletics and indicated they
were personally in favor of the move
ment to put prayer back in public
schools.
SICKENING
Chattooga High football coach
Buddy Windle was appalled by the
decision of a federal juts)ge last week to
temporarily ban pre-game prayer in
Douglas County.
“It made me sick when I read
about it,” said Windle. “It's just
another of many things that are real
ly messing up our country. It started
when they took prayer out of the
schools.
“It didn't hurt me when I was
growing up to pledge allegiance and
say a prayer. We've got to get back to
the basic things this country was built
on or we're in bad trouble.”
LAWSUIT
The decision by Judge Ernest
Tidwell came as a result of a suit by
Douglas County High School senior
Doug Jager andy his father. The judge
ruleg that prayer before Douglas
County athletic events is unconstitu
tional and a violation of what the judge
said were First Amendment
Chatting With Pam Echols . . .
GEORGIA APPLES
Georgia apples contain
many nutrients important to
the diet, such as carbohydrates
and Vitamins A and C. One
medium apple contains only 70
calories.
It is more economical to
buy Georgia apples in large
quantities while they are in
season.. Most varieties can be
stored for several months if
stored at cool temperatures.
Be sure to buy apples for
their intended use. There are
many good all-purpose apples,
1. The county is divided into 5 districts. The voters of each district
elect one board member. Salary of members is S2OO per month.
2. Board members elect a chairman from their membership. Board
meets on regular monthly schedule.
3. Board members hire a manager. Manager must have at least 3
years experience in government or business administration or a
bachelor’s degree in business or public administration.
4. The county manager shall serve as the Chief Executive Officer
and head of the administrative branch of the county government.
He shall be responsible to the board who also set his salary.
5. The board of commissioners shall be the governing authority of
the county:
a. Levy Taxes
b. Make Appropriations
c. To fix the rate of all charges
d. To authorize the incurring of indebtedness
e. To adopt ordinances governing the county:
1. Ordinance must be in writing.
2. Except for emergency ordinances, ordinances must be
read at two meetings before being adopted.
VOTE YES NOV. 4
guarantees "sLe})arating church and
state.” The U.S. Sufi)reme Court
outlawed prayer in public classrooms
more than 20 years ago. Conservative
lawmakers have been attempting to
restore prayer in schools since that
time.
“I'm totally against the decision in
Douglas County,” said Tommy
Sosefiee. head football coach at Trion
High School. *'lt is not going to affect
our practices here in any way. When
a situation like this develops, it's
usually someone just trying to get at
tention. If they don’t want to listen to
the prayer, it's their business. Nobody
is forced to pray along or even listen,
for that matter. There's no require
ment that you have to, but I le)glieve
you should show respect.”
TRADITIONS
Members of the Trion varsity foot
ball team traditionally have a meal
together before each game. One team
member presents a devotional during
the meal, which includes prayer.
“Usually before the game starts,
we say the Lord’s Prayer in a group
just before kickoff,”” Sosebee said. ' A
local pastor also gives an invocation
before the game."
Despite reports in an Atlanta arti
cle that some pre-game prayers ask for
a team victory, Coach Windle said heg
had never heard a prayer asking for a
team advantage during all his years of
football.
NOT VICTORY
“I have never heard anybody
directly ask for a victory in prayer,’
Windle said. **Before we go out of the
dressing room, Coach Hayes or Coach
Turner will say a prayer. It's not a
prayer for victory. It's more of a
thank-you for the opportunity we have
plus others especially suited for
preparing in certain ways.
APPLESAUCE
Hot Pack: Wash, pare and
core as»ples. Simmer covered in
a small amount of water until
tender. Press apples through a
food mill or sieve. Sweeten ap
ples to taste (approx. 'a cup
sugar to 4 medium apples) or
leave unsweetened. Refleat to
a boil, stirring to prevent stick
ing. Pack hot into hot jars,
leaving ‘s inch head space.
Remove air bubbles. Wipe jar
rims. Adjust lids. Process in
boiling water bath. Pints and
quarts 20 minutes.
APPLE CHEESE
CASSEROLE
2 cup all purpose flour
2 cup sugar
s teaspoon salt
Ya cup gutt.er
s cup water
1 tablespoon lemon juice
1 cup shredded Cheddar cheese
7 apples, peeled, cored and
sliced
Combine flour, sugar and
to play. We ask God to protect the
plawrs on both teams from injl:z.";
indle said that he never req
athletes to parti(l:lifat.e in the Fnyers.
“I look at it like this, If I had an
athlete who didn't want to take part
in the lf:‘n'ayer. he could go outside. It's
just like going to church. If anyone
wants to go, he has that opportunity.
If not, it's his individual ngl’:to If I had
an athlete who felt as Doug Jager did,
I would tell him he was free to go out
side and do his own thing while the
rest of the team had prager. The par
ticipation is oi)tional. ut even if
prayer was outlawed here, there are
certain kids who would go ahead and
pray anyway.’
FCA CHAPTER
Windle noted that CHS has an ac
tive chapter of the Fellowship of Chris
tian Athletes, a national organization.
The group meets each week during ac
tivity period to hear different
sKeakers. Trion High has sponsored a
chapter in recent years, but it is cur
rently inactive.
Trion School Supt. Bill Kinzy said
local tradition would go on as usual at
the school athletic events.
NO CHANGES
“] have no knowledge of any
changes in our procedure from the
past,” Kinzy said. “'I assume we’re go
ing on as usual unless we have so
meone from a much higher authority
tell us to do differently. If there was
any complaint, the course of action
would be a school board decision.”
Kinzy said that he had never heard
of anf' objections to prayer before
school athletic events.
“In 25 years as an educator, I have
never had a student, parent or tax
payer complain about prayer before an
athletic contest,” Kinzy said. ‘“We will
keep on with our usual practices.”
salt; mix well. Cut in butter un
til mixture resembles coarse
meal. Toss apples with water
and lemon juice; spoon into
greased 8-inch casserole and
sprinkle with flour mixture.
Baked covered at 350 degrees
F. for 30 minutes. Top with
cheese and bake additional 5
minutes. Serves 8.
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