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VOL. XXXIII—NO. 24.
ABUTTING PROPERTY OWNERS
PETITION JUDGE A. W. FITE
I restraining order signed
YESTERDAY HOLDS UP COL
LECTION OF MANY AS
SESSMENTS
I HEARING 10 BE HELD
I ON MORAY, MAY 29
■Petition of Many People Owing Street
Paving Assessments Declares Act
Amending Charter is Unconstitn-
I tional—City Can Proceed No Fur
Ither Toward Collection Against
Them Until Interlocutory Hearing
is Had
Judge A. W. Fite yesterday signed
n order restraining and enjoining the
ity of Dalton from any further action
r proceeding upon the executions for
freet paving assessments made
KK-'H'X a number of prominent Dal
ian people who are petitioners, until
f interlocutory hearing can be had.
| I The hearing has been set for May
at which time the city is ordered
| appear before the court in this city
: show cause why they should not
restrained from further proceed
upon the fi fas described in the
it ion.
I B' 1 " 111 ' petitioners are: S. J. McKnight.
[ ■T. Hardwick. Geo. W. Horan. R.
i ; . J. B. Denton, Barrett. Denton &
P-Wnn Co.. Miss Willie White. C. D.
Bowers, Mrs. M. E. Herndon. Eph
I Btlland. Mrs. Lou Hill, W. K. Moore
I' Bstee and Mrs. Lizzie Wells, exe-
I r ‘ x ; J- K. Lowery and Maggie
|| ver , v - G. AV. Hamilton. Cherokee
I B-- * LH. Crawford. Mrs. Es-
K V r Foreman. J. A. and L. H. Craw
k Lambert, Mrs. Aura B.
I Bk. F. K. McCutchen, Mrs. F. C.
1 ■Cntehen. executrix C. I). McCntch-
I Icstate. Z. T. King. Sarah Holland
Lewis Holland.
K B'he document is a lengthy one and
B B 1 by the petitioners’ at-
E Bueys, Messrs. F. K. McCutchen,
B B ' ' and Julian McCamy.
petition alleges that the act
the city charter fails to pro-
MmB p f° r any notice to the owners of
property, or any opportunity
B B them to be heard before the au-
K ■’"!'- of the town when the cost of
B. B ' m P r ovements were assessed
BB’ them, and that no provision is
B Bit- in the act for notifying the own-
B ■ of abutting property of what is
|B ■ f,ls t °t the improvements, how the
BB" arrived at, how the money has
B■' f ‘ x l" "'h'd or how the proportion-
B ■ ' <! ! owed by each of the said pro-
K B.' owners is to be determined.
B Bkf petitioners say that the act is
B and in conflict with
B B*^' e cons tit u ti° n the
Stales and that in failing to
them a rishi to be heard before
BW n I'h'Perty is assessed as provided
1,r ‘ h fixes a lien on their pro-
Bfl/ ailf l them of their pro
88~ w 'tkout due process of law and
in conflict with the con
nt'on -
say that after the arbi
■Ba assessment is made by the city
P’oxided that execution shall is-
Bl 'he levied and the property
BB\'' public outcry and that the act
provides for any defense to
BB enforcement of the execution nor
the defendant in such execution
la nce or opportunity to be heard.
- say that the plan is a scheme
Nation and not a scheme of local
Bl Snient f ° r im P rov ements in that
a> ' ’ s ma^e a debt against
■B’ !l ‘ !lvi, hial owners of the property,
not only the property assess-
B B °iher property of the own-
THE DALTON ARGUS.
LEADING fO OF NORTH GEORGIA. BEST ADVERTISING MEDIUM IN PIEDMONT SECTION.
STARR Olim
MAKES BIG HIT
One of the largest audiences which
has yet attended a lyceum attraction
greeted the Wilbur Starr quartette at
the City Park School last night.
The attraction was high class in
every particular and so pleased was
the audience that the artists had to
respond in many- instances to half a
dozen enchores, which they did with
generous good nature.
During the first portion of the pro
gram a number of classical selections
were rendered, probably the most at
tractive being selections from Faust.
As the evening progressed the pro
gram grew lighter and sparkled with
humor.
The quartette seemed to have an in
exhaustable fund of good songs and
their rendition of them showed not
only rare musical ability but that uni
son of harmony which comes from
faithful practice.
Mr. Starr’s impersonations were
unique and evoked much laughter. His
rapid method of making up on the
stage and in full view of the audience
lent additional interest.
Mrs. Starr played several selections
on the cello. Prof. Starr was former
ly teacher of vocal music in the Uni
versity of Missouri. Mrs. Starr’s
cello is 99 years old and this ac
counts for its remarkable sweetness
of tone.
Major Lucas, who has conducted
the lyceum in Dalton this year is to
be complimented on the success of the
entire series and particularly in hav
ing secured this closing attraction.
Mr. Starr and company- arrived
from Jellico, Tenn, last night thorough
ly exhausted after a long day trip
but Mr. Starr stated today that never
in their lives had they faced a more
delightful audience than the one which
greeted them last night.
Physicians battling with the plague
in Manchuria protect themselves with
rubber coats, gloves and helmet, the
latter soaked in iodoform.
ers in the city and that it is therefore
illegal, void and in conflict with the
constitution of the United States.
The petitioners state further that
no provision is made in the act for the
redemption by- the owners of property
so sold, by the payment within any
given time of the purchase price of
said property, but the sale of the pro
perty under the tax execution is an
absolute and unconditional sale, vest
ing title in the purchaser free from
any equity of redemption of the own
er and that this is in conflict with the
general scheme of tax sales in Geor
gia and is unconstitutional.
There are a great many other sec
tions in the petition and an exhibit,
showing the amounts assessed against
each petitioner.
The premises considered the peti
tioners ask that the city and all of
its officers and agents be restricted
from further proceedings until the
further action of the court; that upon
the hearing the court decree that the
said execution be perpetually enjoined
and that the city be restrained from
enforcing same and that the city of
Dalton, its mayor and council and
its marshal, be required to be and ap
pear at the next Superior court to
answer the petition.
The petition has been filed in the
office of W. M. Sapp, clerk of this
county.
DALTON, GEORGIA, THURSDAY MAY 11, 1911.
TAYLOR NAMED
PRINCIPAL Al
LENOIR CITY
POPULAR HEAD OF DALTON
HIGH SCHOOL ACCEPTS SUP
ERINTENDENCY OF PUBLIC
SCHOOT. SYSTEM IN IMPORT
ANT TENNESSEE TOWN AT A
LARGE SALARY.
Prof. A. A. Taylor, principal of the
Dalton High School, has tendered his
resignation to the city board of edu
cation and will sever his connection
with the municipal public school sys
tem at the close of the present session.
Prof. Taylor has been offered the
place as superintendent of the Pub
lic School system of Lenoir City,
Tenn., at a salary of $165.00 per
month and has accepted.
The position at Lenoir City is a
very fine one. Prof. Taylor will have
an opportunity there to build up an
excellent system of schools.
During his stay in Dalton Prof.
Taylor has proven himself to be an
educator of the highest type and his
popularity among the students them
selves, is a strong testimonial of his
efficiency.
It is stated that the board of edu
cation accepted his resignation with
great reluctance, but it was impos
sible to meet the offers which he re
ceived elsewhere.
Prof. Taylor plans to remain in
Dalton until about the middle of July
and after that he and Mrs. Taylor
will leave for their new home.
Lenoir City is one of the best and
most progressive towns in Tennessee
and has a splendid system of schools.
A large Hamburg restaurant is a
building of compressed paper.
REV. W. R. FOOTE WILL
PREACH ANNUAL SERMON
Rev. W. R. Foote has accepted the
invitation of the Public schools to de
liver the commencement sermon to
students this year. The service will
be held on May 21 and a large num
ber of the student body will be in at
tendance.
MRS. HULL KERR
PASSES TO BEYOND
Dalton people learned with sorrow
yesterday of the death of Mrs. Hull
Kerr, of Murray county, which took
place at her home. Mrs. Kerr was
the wife of Mr. Hull Kerr, prominent
as a newspaper man and had many
friends in this county. No details as
to the funeral were learned, but it
will in all probability take place to
day.
Bankruptcy Sale.
I will sell at public outcry to the
highest and best bidder for cash, in
front of the court house, Dalton.
Whitfield county, Ga., at 10 a. m., Sat
urday, May 20, 1911, all notes and ac
counts of E. W. Petty, bankrupt. I
will be glad to show said notes and
accounts to any one desiring to pur
chase same at any time before the
sale. Sale subject to the approval of
the court. This May 10, 1911.
L. H. CRAWFORD, Trustee.
Wed&Sat.
COMMISSIONER
THOS.G.HUDSON
TO SPEAK HERE
BIG EDUCATIONAL RALLY WILL
BE HELD TUESDAY, JUNE 6, AT
WHICH COMMISSIONER OF AG
RICULTURE AND OTHERS WILL
DELIVER ADDRESSES.
A big educational rally to which
farmers from all over Whitfield coun
ty are invited has been announced for
the first Tuesday in June and Com
missioner of Agriculture Thomas G.
Hudson, of Atlanta, will be present
and deliver an 'address.
Other prominent speakers will also
come to Dalton from various portions
of the statr and the meeting will be
similiar in every respect to the one
recently held in Spring Place.
Messrs. J. F. Camp, J. W. N. Bray
and Lee Dillan wrote to Commissioner
Hudson on the sth, inviting the official
and others whom he might secure for
the occasion to be in Dalton on the
date mentioined. Commissioner Hud
son has replied that he will be here
and the letter received today is as fol
lows:
Messrs. J. F. Camp, J. W. N. Bray.
Lee Dillon, Dalton Ga.
Gentlemen: —l am just in receipt of
your letter of the sth instant in which
you invite me to be with you on the
first Tuesday in June at a meeting of
the Couniy Union of WhitfieW.
Tn reply, beg to say that it will af
ford me great pleasure to be with
you on that day and to bring with me
the other gentlemen suggested if they
can possibly go.
With best wishes, I am
Your friend,
T. G. HUDSON.
L BUCHHOLZ' PICTURE
APPEARS IB JOURNAL
Monday evening’s Atlanta Journal
contained a group picture of a num
ber of leading Georgians attending
the Sangerfest in Atlanta and pro
minent in the photograph was Mr. L.
Buchholz, of this city. A large num
ber of leading Germans from all over
the country are attending the meet
ing.
BRIGADE POST MEN
IN CHATTANOOGA
Chattanooga, May 10—The board
of officers detailed by the war depart
ment to make a report upon the pra
cticability of Chickamauga Park as
a great maneuver camp and brigade
post are today the guests of Chatta
nooga.
The members of the board are:
Col. Joseph Garrard, Fifteenth cav
alry, president.
Lieut.-Col. William C. Langfitt, of
corps of engineers.
Maj. B. Frank Cheatham, quarter
master’s department.
Maj. J. M. Whitemore, Twenty-sev
enth infantry.
Major Frank C. Baker, medical
corps.
The member sos the board, with the
exception of Maj. Baker arrived last
night over the Southern railway and
were met at the Terminal station by
a committee consisting of Col. D. M.
Stewart, chairman of the brigade post
committee; Maj. W. J. Bass, Lewis
TELEPHONE CO.
TO MAKE BIG
IMPROVEMENTS
MANAGER McCUTCHEN PLANS
A SYSTEM OF CABLES FOR EN
TIRE CITY—ALL OVERHEAD
WIRES WILL GO IN CABLE
WHEN DALTON GETS DAY CUR
RENT.
Plans are being perfected for ex
tensive improvements in the Dalton
Telephone Company’s plant within the
near future and which will ultimately
mean the expenditure of something
like SIO,OOO.
All the single overhead wires are to
be eliminated and in their stead a sys
tem of cables will be inaugurated, all
the wires for each street being put in
one cable and the cable strung along a
system of poles.
This improvement is being made in
many of the larger systems in cities
and becomes necessary to good service
during the day when day currents are
in use.
Within a short time the city of Dal
ton will be using a day current and
this day current would impair the
service on account of the open wires
being influenced by the stronger cur
rent.
The materials to make these chang
es and put in cables all over the city
will run into many thousands of dol
lars. but it will be done so that Dal
ton may always have the best possible
telephone service.
Answered the Description.
“So your brother is engaged to Miss
Slim. Do you think she is a good
match ?
“Well, she’s a regular stick and
she’s got a red head.’’
M. Coleman, Col. John W. Faxon and
J. P. Winn, secretary of the chamber
of commerce. They were escorted to
the Mountain City club, where they
were entertained with an informal re
ception.
Today there will be a series of vis
its to historical points about the city,
a luncheon at Hotel Patten, and a re
ception tonight at the Mountain City
club. Tomorrow the board will make
a trip of inspection over the propos
ed site of the maneuver ground.
The luncheon at noon will be the
most marked of the series of affairs
arranged for the distinguished vis
itors. and, while thq-s will be other
notable guests at tWGuncheon, the
members of the board will be the
"nests of honor. Two other com
missions of <*reat importance will at
tend the lunch, incident to the suc
cessful issue of the charter case, and
the presence of the Methodist fede
ration commission in the city this
week. The lunch might be termed
“commission lunch.” for these three
bodies of men will be present but in
the attendance of the army officers
named is the greatest interest and im
portance attaching to the affair itself.
This is the third board of officers
that has been named by the war de
partment to examine and report up
on the feasibility of
as a maneuver site and brigade post.
The first committee reported favorably
upon the proposition.
The second board was dissolved be
cause of the officers composing it
being order to the Texas border.
It is known that President Taft,
Secretary of War Dickinson and oth
ers influential’in army circles favor
the Chickamauga project, as well as
veterans of the civil war, who are fa
miliar with the situation.
ONE DOLLAR A YEAR
MAJOR LUCAS
NOT APPLICANT
FOR PRINCIPAL
NOTIFIES BOARD OF EDUCATION
AT MEETING YESTERDAY
THAT HE IS NOT CANDIDATE
FOR SUPERINTENDANT—IT IS
KNOWN THAT HE HAS HAD
OTHER OFFERS.
Major T. S. Lueas, superintendent
of the Dalton Public schools, may not
be at the head of the system next
year.
At an important meeting of the
board of education held yesterday af
ternoon at 4 o’clock at the City Park
school, Major Lucas notified the board
that he was not an applicant for re
election.
This notification, which is in effect
a resignation, has not been definitely
accepted by the board and it is pos
sible that the matter will be the sub
ject of further action.
It is known that overtures have been
made by one or more other cities to
secure the services of Major Lucas
at a larger salary than is paid him
by the Dalton public schools. Whe
ther or not he is considering any of
these is not known. He has only
signified that he is not an applicant
here.
The relations between the board and
Major Lucas'have been extremely plea
' sant and his efficiency in handling the
schools has been of a high order and
it is known that the board would
like to retain him. Whether this can
be done is a matter which will proba
bly be more clear within a short time.
An important feature of the board
meeting was the decision to abolish
the former system of paying teachers
according to the length of time they
have served and fix the salaries on a
basis of efficiency.
This will have the '»ffect of employ
ing teachers and placing them at the
head of grades which they are best
qualified to teach, the presumption be
ing that the higher grades will demand
higher efficiency and command more
salary. It is understood that the first
grade, however, naturally demands
Very efficient teaching and these grades
will be so treated by the board.
It is announced today that Miss
Mattie Lee Huff has decided to re
main in Dalton during the coming win
ter and that she will take a place in
the High School.
It is thought probable that the board
will be in a position to announce the
full list of teachers and the grades
they are to teach within the next day
or so.
PENNANT WILL BE
PUT ON SCOUT CAR
Mr. W. M. Sapp is making a hand
some pennant which will be placed on
the State Chamber of Commerce scout
car scheduled to arrive in Dalton with
in the next few days.
The definite date of arrival has not
yet been announced, but a reception
for the officials has been planned and
the pennant will be placed on their
car to advertise Dalton. It will be
seen by thousands of people all over
the state.
Twinkle, Twinkle! - . , ;
Twinkle, twinkle, little star!
How I wonder what you are!
Up above the world so high,
Are high prices passing by?