Newspaper Page Text
Vol. 53. No. 13.
Long Argument From Both
Sides Heard
Case Hinges On the lntnrproutiofi
of Code Paragraph and Plaintiffs
Will Take Their Contentions to the
Court of Appeals for Review.
Upon the legal construgtion of Sec
tion 4458 of the Code of Georgia, de
pends the final outcome of one of the
biggest law suits ever filed in Cobb
County. This Section of the Code
reads as follows:
* Right of alienee. The alienee
of a person owning the property
injured may sue for a continu
ance of the nuisance, so the
alienee of the property causing
the nuisance is responsible for a
continuance of the same. In the
latter case there must be a re
quest to abate, before action is
brought.
For about three hours last Thurs
day, Colquitt and Conyers, attorneys,
argued before Judge Morris that the
last four words of this section, towit:
“hefore action is brought” meant in
law and should be legally construed to
mean that where a party originally
constructed a nuisance and subse
quently sold the same while maintain
ing the nuisance that altho the alienee
or grantee continued to maintain the
same causing damage therefrom that
there was no liability against such
alienee under the law until notice was
given to abate the same and damage
done subsequent to-the notice.
Captain Fred Morris and Judge R.
B. Russell, Attorneys, argued before
the Court for about three hours the
converse of this position and insisted
that while notice sh~—iid be given to
the alienee “bef... action is brought”
and if such notice was given that if
the alienee failed to abate the nui
sance that he then beca‘ne liable un
der the law for the damageé sustained
within the statute of limitations be
fore notice was given; that while he
had a right to immediately abst‘?the.
nuisance upon receiving noice i he
elected to continue the same the law
placed full liability upon him. for all
damages incurred because of his main
taining the same within the statute of
limitations; that by maintaining the
same the alienee adopted the acts of
his grantor in constructing the same
and liability was placed upon him.
The legal battle between these At
torneys was watched with consider
able interest by several members of
the Bar and many spectators.
It was the case of I. M. Roberts
and J." P. Brooke against the Geor
gia Railway and Power Company
where the plaintiffs sued defendant
for $153,950.00 in which they alleged
that they were the owners of the old
Laurell Mills Manufacturing plant
erected where Vickery’s Creek inter
sects the Chattahoochee River at the
Roswell Bridge. That by reason of
the construction of the dam fifty feet
high at Bull Sluice in 1902 the back
waters overflowed this manufacturing
site, mill and buildings and caused
the river to fill up with sand, etc.,
at this point until the property was
totally destroyed as a manufacturing
plant. It developed from the evi
dence that this dam was originally
constructed by the Atlanta Water and
Electric Company and it was oper
ated and maintained by them until
March 6, 1912 at which time they
sold the property to the defendant,
the Georgia Railway and Power Com
pany. It was alleged that the Laurell
Mills property was destroyed while
the dam and power plant was owned
by the defendant; that the construc
tion and maintenance of the same was
a nuisance. It was alleged that the
plaintiffs gave the defendant in this
suit notice to abate the same on the
Bth day of June, 1917, and the suit
was filed on the 26th day of June
the same year. There was no speeial
damages shown to have been done to
the Laurell Mills property between
the date of the notice and the filing
o fthe suit.
On the legal construction of the
Section of the Code referred to as in
sisted upon by attorneys for the de
fendant at the conclusion of the evi
dence offered by the plaintiff, a mo
tion of non-suit was made which was
custained by Judge Morris and the
case dismissed.
It was agreed by all the Attorneys
that if the Atlanta Water and Elec
trie Power Company had been sued
and they had damaged the plaintiff
there would be no question about lia
bility against them.
It is understood that one reason
why suit was not filed against this
Company was that they are either
out of business or insolvent.
Phe case will go by writ of error to
the higher courts and the final out
come will be watched with interest.
The deed of record of the sale of
the Bull Sluice plant, from the At
lanta Water and Electric ' Power Co.
to the Georgia Railway and Power
Company, shows the price of one mil
lion five hundred thousand dollars.
THE MARIETTA JOURNAL
THE GITflY NOTES .
l The city has outstanding two series
of notes, each series aggregating $48,-
000 one of which it acknowledges, and
the other it declares as invalid and
without consideration.
Both , these seéries of notes have
been heard from this week. Both
are presented for payment.
The notes acknowledged by the
city, were due on Dec. 31st, 1918,
and are now at the Fourth National
Bank of Atlanta, having been sent
there for collection by the First Na
tional Bank of Boston, Mass.
The owners of these notes, real
izing that the city had not the funds
to meet these notes at this time, in
vited the mayor and the finance com
mittee of the Marietta City Council,
to a conference in Atlanta on Tues
day. :
Mayor Brumby alone attended this
conference, and he was urged to pre
sent the situation to some of Mari
etta’s biggest tax payers with a re
quest for a number of loans on short
time notes to meet this obilgation. It
was pointed out that these short time
notes might be accepted by the city
next fall in the payment of taxes.
| We have not vet learned just what
action, if any, the mayor and council
will take in the matter.
‘The other series of notes which the
city issued to take up the above men
tioned notes, and the validity of which
they deny is in the hands of MecDaniel
& Black, attorneys of Atlanta, for col
lection. Just what steps they will
take is not yet known, but it is as
sumed that some sort of suit will be
filed against the city for the $48,000
which the National Park Bank paid
to Frank Scarboro for this.
The maturity of these notes was
March Ist, 1919, and it was not until
March 3rd, 1919, that it was known
that Scarboro had disposed of them.
“FLU” PROVED FATAL
TO HALF THE PEOPLE
. Montreal, March 26.—Fifty per
cent of the inhabitants of northern
Labrador perished during the win
ter from an epidemic of influenza,
smallpox and measles, according to
dispatches to The Montreal Star, sent
by mail to Battle Harbor and by wire=
less to St. John'’s, N. F.
Earlier reports had shown an epi
demic on the southern section of the
coast has cost the lives of 25 per cent
of the natives, but first reports from
the northern section are contained in
today’s dispatches. They tell of forty
New Foundlandérs wintering on the
coast for the purposes of trade having
perished at Nain with forty odd Eski
mos representing nearly the whole
population of that settlement, Okak,
with a population of over 200, is en
tirely wiped out. At Hebron, 200
died, leaving only a remnant of resi
dents to dispose of the bodies, most of
which were buried in a single pit with
out coffins or burial rite. Fifteen
persons engaged in sealing died on an
island in Okak Bay and their bodies
were devoured by animals.
‘lt is estimated only 400 inhabitants
from Grooswater Bay to Nain are left
alive, the dispatches say, but the full
extent of the calamity will not be
known until the opening of navigation
in the summer. Medical aid was un
obtainable.
FINAL STANDING IN
GIRLS’ PREP LEAGUE
On last Friday afternoon here the
final game of the Girls’ Basketball
League was played between Marietta
and College Park, and which the local
team won easily by the score of 16 to
2. This game was scheduled to have
been played two weels ago but was
postponed on account of inevitable
reasons.
The following table shows the final
results for the séason, showing the
number of games played, games won,
games lost, and the percentages:
St .. 10109 JOOO
Mariotts <..:... 10 .8 -2.84.800
College Park ____. 10 5 5 .500
Pecator 4 > - 10579 .500
Washington Sem. 10 1 9 .100
Yinkwood .- -+ 101 9 100
In the game F'riday, Marietta’s cen
ter, Gladys Gober, was the star of
the game, scoring 10 of the 16 points.
Mary Nash, a substitute, was put in
at forward for the last few minutes
of play and scored a field goal.
Three regulars will graduate from
high school this spring and new play
ers will have to be found to fill their
places. Captain Galley, Muriel Wil
liams and Rebecca Cole, three of the
very best players in the league, will
be lost. Substitutes Benson, Dobbs,
and Nash will also graduate. How
‘ever, this will not completely exhaust
our supply of basketball talent as
‘Gladys Gober, Ruth Galley, and
'Emmie Montgomery, are fine players,
‘and with other talent coming on, we
'see’no reason why Marietta cannot be
among those present next season.
Basketbali is proving very popular
ih' Marietta, and a large folloWing of
the.girls anxiously awaits the whistle
for the first game mext season. .
SIXTEEN PAGES
Marietta, Georgia, Friday, March 28, 1919
!M’NEEL COMES BACK AT
Thinks City Wells Are Only
A Temporary Supply
Says City Has Wasted Money on
Wells Which Are Abandoned Now.
Claims Finances of City Are In a
Deplorable Condition
The Marietta Journal and the Cebb
County Time's, Marietta, Ga. *
Dear Sirs:- - i
As both of your papers carried
in your issue of last week a letter
from Mr. Brumby in which he denies
‘the allegations made in my former
letter, I beg to ask that you publish
‘the following:-
The beople of Marietta are no in
terested in a newspaper controversy,
especially one of a personal nature.
What they want and should have are
facts. V
Mr. Brumby’s denial of the alle
gations made by me is very mislead
ing, and some of his statements a§e
wholly incorrect.
In my former letter, I made the
following allegations:-
1. That the Water Board at a meet
ing in January admitted that they
were in financial straights. ‘
2. That the Board at the same meet
ing admitted that the City was prac
tically dependent on the one well
opposite the plant of The McNeel
Marble Company for its water sup
ply.
3. That the present Board has ma
terially increased water rates.
4. That since the present Board has
been in control, the fire insurance
rates have beén increased some eight
or ten thousand dollars per year. I
desire to amend this by saying that
this increase took ‘place since Mr,
Brumby went into the office of Mayor.
I make the following further al
legations: ,
5. That the Board of Lights and
Water Works have employed giree
expert engineers for—advice on -its
water supply. Contrary to this expert
advice, the present Board has con
tinued to dig wells.
6. That the water is impure and
is now being treated with chemicals.
7. That the water from our wells
is surface water. ‘ ;
8. That when the Government es--
tablished a camp at Blackjack, they
condemned the water and prohibited
their men - drinking it until it was
boiled or treated with chemicals. That
Mr. Brumby knew this but did not
give the people of Marietta any warn
ing. |
9. That the water from the new well
opposite the plant of .The McNeel
Marble Company is draining a bed of
peat, which is decayed vegetation, 13 |
feet below the surface of the ground.
That the water from this well is
pumped direct into the mains. |
10. That the well on Cole Street
is located within a few feet of a
filthy stream. |
11. That thousands of dollars have
been spent by this Administr-gion in
digging wells that were abandoned.
12. That the experts referred to
say that a deep well water supply for
Marietta is temporary. That within
a reasonably short time the wells must
be abandoned, entailing a loss of
thousands of dollars te our City.
13. That when Mr. Brumby as
sumed office as Mayor, the City’s in
debtedness was $12,000.00. That the
City on the first day of January last
had outstanding obligations unpaid to
the total of over $109,000.00.
14. That in addition to the above,
the City of Marietta is now a defen
dant in a damage suit for some $25,-
000.00 or $30,000.00.
I make the above allegations and
stand ready to prove them. If they
are true, the City’s affairs are in a
deplorable condition. If not true, I
have done Mr. Brumby an injustice,
and am due him an apology, which
I stand ready to make through the
public press of Marietta.
In order to ascertain the correct
ness or incorrectness of these allega
tions, I make the following poposi
tion: %
That an investigation be made by
a committee consisting of our three
bank presidents. I mention the bank
presidents for two reasons: First, be
cause they are thoroughly conversant
with audits, and matters financial
Second, because practically every tax
payer in Marietta is doing business
through one or another of these bank
ing institutions.
If for any reason Mr. Brumby ob
jects to this committee, I propose
that he name a representative; that
I name one, and that these two name
a third, who will form a committee to
make the investigation., The findings
of the committee selected to be pub
lished in full in the Marietta papers.
.. Respectfully submitted, ;
“~M. L. MeNEEL.
| COBB’S HONOR ROLL
| —_—
| Will Cobb County not erect a
| monument to these boys? They all
| died, either on the field of battle,
. or on the road to the front,
‘f Daniel Weyman Pittman
| Mercer M. Phillips
ii William Webb
| Harry L. Frazier
” Lawrence G. Mabry
' John R. Dodgen
| Hoyt House
| William Wooley
i Isaac Chalker
| Ernest William- Davenport
| George N. Guffin
| Henry F. Heffner
| Millard R. Lemon
‘l Paul A. Mosley
| William Horace Orr
| Harvey W. Stephens
1{ Henry W. G. Simpson
| Groves M. Varner
1' A. P. Woody
\' James F. Martin.
;SUES FOR $20,000 FOR
~ LOSS OF GIRL’S FINGER
A suit was recorded in the office of
the Clerk of the Superior Court in
Marietta this week, for the sum of
$20,000 for the loss of a finger.
The suit was brought by Judge
R. B. RusseH, attorney, against
Messrs J. W. Hancock and J. M.
| Austin and the Hygiene Laundry, of
Marietta.
The plaintiff is Eva Smith by her
next friend Mrs. Nollie Smith, and is
based upon the claim that she lost a
|finger while operating a machine in
the Hygiene Laundry operated in
Marietta last year. ,
The plaintiff alleges that the Hy
giene Laundry was the property of
the defendants at the time of the ac
cident, and that she has been damaged
$20,000 by reason of the loss of the
finger.
R. W.NORTHCUTT TO BE
IN LARGER QUARTERS
+
About a year ago Mr. Ralph W.
Northcutt started in the automobile
business in Marietta, using the Nolan
building as a show room, and having
the agency of the Reo and Buick cars,
both well and popularly known cars. -.
. ~Although little of his own time
could be ‘devoted to the business it
soon outgrew the quarters and was
moved to the Austin Building on Pow
der Springs street. Here is has con
itinued to grow, so that now still larger
‘quarters are demanded, and Mr.
‘Northcutt has leased. from Mr. J. T.
Anderson the new building now being
erected on Powder Springs street, to
‘the rear of Anderson Bros. store.
This building is being specially con
strueted for the business, and while it
will only have a single story at pres
ent the walls are of sufficient thick
ness to support additional stories.
The whole front on Powder Springs
street will be of plate glass and the
building throughout will be equipped
in the most up-to-date manner for the
business. On the ground floor there
will be available eleven thousand feet
of floor space.
It will decidedly improve this sec
tion of the street, an old building hav
ing been torn off the lot to make way
for the new one. ;
Mr. Northcutt will have with him
as a sales, office and shop force,
Messrs. J. F: Shaw, E. A. Nichols,
J. E. Brown, Esmer Ward and Robert
Hicks. All these gentlemen are known
as being well qualified in their respec
tive capacities. 4
In addition to the Reo and Buick,
Mr. Northcutt is also agent for the
Dodge Bros. car and the Moline Trac
tor for Cobb and Cherokee counties.
The tractor will soon become an
important part of farm equipment,
and Mr. Northcutt expects to put for
ward the claim of the Moline for su
premacy.
COL. J. Z. FOSTER IS '
MADE A TRUSTEE
On Wednesday Governor “Dorsey
appointed Col. J. Z. Foster of Mari
etta to the Board of Trustees of the
North Georgia Agricultural College
at Dahlonega.
The term of Col. Foster’s appoint
ment runs to October Ist, 1924, two
other trustees being named at the
same time for like terms.
Col. Foster is a most able and suc
cessful attorney and will make the
college an excellent trustee. The gov
‘ernor is to be congratulated upon the
appointment.
~ SEVENTH GRADES PLEASE
DR. WRIGHT
Dr. Frank Wright, who was ill at
Dr. Patton’s this week, was particu
larly gratified over one of his gifts.
This was a beautiful basket of deli
cious fruits, sent by the children of
’the two Seventh Grades, Waterman
Street School. In the basket was also
Ea bright five-dollar gold piece, which
the children wanted Dr. Wright to
use in his mission work. These grades
had been much impressed by a talk
D¥. Wright had given them, and show
ed their appreeiation, as well as their
sympathy for his suferingin this
lovely way.
SECTION A
THE CAMPBELL'S STILL
The Campbell case-is still moving
on and it is now predicted that Mrs.
Campbell will be declared a fit sub
ject for the asylum by the lunacy
commission when it convenes some
time next week.
~ Under the law now this commis
‘sion shall consist of the county at
‘torney, who is Col. D. W. Blair, and
two physicians appointed by the or
dinary, and for this ecase Drs. J. D.
‘Malone and C. T. Nolan have been
named. {
. Some delay was experienced by
the attorneys in her case in filing
notice with Mrs. Campbell’s next of
kin as required by the law.
Her son is a minor and could not
be served, her half brother himself
an inmate of the state sanitarium and
not competent, and the next of kin
an uncle was on the state farm, where
he is serving a sentence for killing a
man, and he was finally served with
the legal notice.
Her present husband, C. C. Camp
bell swore to the writ of lunacy.
Campbell himself is still in jail here
having been convicted in one of the
cases against him but having appealed
for a new trial and this is awaiting a
hearing. ‘
Mrs. Campbell’s former hushand
who appeared here last week in an
effort to get possession of the 13-year
old son, was not successful we learn
and returned to his home without
the boy.
DEATH OF WILLIAM
ALEXANDER BARFIELD
Cobb county lost one of her oldest
and best known citizens last Sunday.
William Alexander Barfield, in his
76th year, died at his home in Sardis
district, on Sunday, March 23rd, 1919.
Mr. Barfield had been in ill health for
several years, and quite ill for some
months, so that his death was not
unexpected.
He was born in Cobb county on
July 2nd, 1843, and was a resident of
the county all his life. When the
civil war broke out, he joined the Ist
Regiment Georgia Volunteers, and
‘was a member of Company E. .
{ After the war he married Miss Selia
Veal of Paulding county, who sur
vives him.. Nearly all his life, he was
a member of the Baptist church, and
for many years a deacon in that
church. He was a Mason also, for
many years, and a member of Chero
kee Lodge in Marietta, and was buried
with Masonic honors.
His funeral was from Sardis church
on Tuesday morning at 11 o’clock, and
by the expressed wish of Mr. Barfield
before his death, the service was con
ducted by Rev. W. E. McCollum of
Kennesaw, Rev. G. V. Crow, of Mari
etta, and Rev. I. A. Swafford of Ful
lers district. A large gathering of
friends and relatives attended. The
interment was in Sardis cemetery.
Besides his wife, Mr. Barfield left
six sons, Messrs. W. M., J. M., H. N,,
C A T. By and H, Lo Barfield, and
one daughter, Mrs. E. A. Moody, all
of this county. With the exception
of Mr. T. B. Barfield, our county
treasurer, all of his children are mar
ried and have families, so that there
is a large number of descendants of
the younger generation to honor his
memory.
'BEATING SWORDS
i INTO PLOW-SHARES
l Uncle Sam now will use the raw
istufl’ that was to blow Germany off
| the map for fertilizer. Instead of
\making high explosive shells out of it
ihe is putting it on the land to raise
food and cotton. Over 150,000 tons
‘of nitrate of soda, released by the
| War Department, is speeding from 18
!United States shipping points to farm
|ers via the Bureau of Markets, De
!partment of Agriculture. In view of
the number of orders for early ship
ment being received the nitrate distri
butors say that spring must be on the
way. Farmers who did not want to
accept deliveries .in February now
want immediate shipments, and the
Bureau of Markets is trying to ship
100,000 tons this month.
Orders have already been issued
from Washington for the shipment of
| over 75,000 tons in small lots, and
| Savannah and Wilmington report
ldaily shipments of over 1,000 toms
'each. Announcement that all appli
cations for nitrate will be filled for
tthe full amount was made today, but
|it was pointed ouff that applicants
shuld appreciate the impossibility of
!filling all orders simultaneously, tho’
{every effort is being made to have
| the nitrate reach all applicants in
| time for use this season.
jALL DAY SINGING AT PINE MT.
| We are asked to announce that
;there will be an all-day singing at
| Pine Mountain school house on the
fifth Sunday in March.
Everybody is invited to attend.
There will be dinner on the ground,
#0 bring baskets.
Established 186%
NEWS OF STATE, NATION
e s |
Republican Factional Fight
For Control
Woodmen Raise Rates Fifty Per Cent.
Emory Unit Comes on Saturday.
Oil War Cuts Price of Gas. Egypt
Revolts Against British.
While congress is not in session at
the moment congressmen are no less
busy and active in shaping plans for
the reorganization of that body.
In fact there is unusual activity in
Republican circles for it will be their
turn at the steering wheel when they
get the old machine to running once
[more. Right now there is a vigorous
scrap over ‘‘who shall be who and
why” in the Republican camp. The
progressives, if there ever is such a
thing as a progressive - Republican,
have defeated Jim Mann for the
speakership with one Mr. Gillett, of
'Massachusetts, but the name is no sign
that he is a very sharp blade, for
Mann and his stand-pat associates,
have already chiseled him out of all
control of important committees. The
’Democrats of course are preparing to
;make the best of it and get whatever
‘they can out of the scrimmage.
- The Emory Unit is coming home
this week, but it will be. Saturday
night before it reaches Atlanta, where
it will be greeted by thousands of
relatives and friends from all over the
state. The unit was disembarked at
Newport News, and takes train for
Atlanta Friday.
An oil and gas war is on in New
Orleans, between the Standard and
the Gulf Refining Company, bringing
the price of gas down to 16 cents per
gallon. This war has extended to
Memphis and Chattanooga and gas
consumers in this district are looking
with hope to see it reach them also,
if only long enough for them to get
one more tank filled at old time prices.
The Woodmen of the World, the
largest fraternal insurance order in
the country, has just announced an in
crease of fifty per cent in its rates,
the flu having reduce dits reserve
fund from twelve million dollars to
less than a million. Even this big in
crease may not prove sufficient to
meet the increasing death rate. -
} Buenos Aires is the scene of a most
horrible butchery this week. The Ar
‘gentine Republic is seething with rev
olution and has been on the verge of
an outbreak since the United States
entered the great war. Argentine
was barely kept out of the war, and
many German propagandists found
refuge there. The fury of the present
outbreak was launched against the
Jews, it being reported that they were
associated with the Bolsheviki move
ment there. There seemed no foun
dation for such belief however.
Justice Brandeis of the United
States Supreme Court is being urged
for the first president of the new
republic of Palestine, this of course
provided the Zionist movement suc
ceeds in the establishment of a repub
lic in Palestine, which is now the hope
of the orthodox Jews of all nations.
Atlanta’s latest shooting is not out
of the usual, a married man shoots a
young widow of whom he has become
enamored, and then turns the gun
upon himself with a better prospect
of success, and the latest reports indi
cate this his death is likely. .
A Georgia Negro in Washington,
gave up his seat in a street car to 2
white lady, and was so twitted and
ridiculed by a Washington negro who
witnessed the incident; that he made
an assault upon the Washington negro
who is now prosecuting the Georgia
negro. This case is so unusual as to
attract attention, and it certainly re
flects eredit upon the manners as well
as the manhood of the Georgia négro.
An Atlanta policeman killed a
negro burglar in the act of robbing a
store on Wednesday night.. -The crime
of burglary has recently become too
common for the good of the country,
and not only stores but many resi
dences have been visited. A burglar
is always a dangerous character and
too frequently it is not the burglar
who loses his life when- he is dis
covered in the act of plying his trads.
June 30th will end the legal sale
of whiskey in the United States. On
‘that day the prohibition law will go
into effect at midnjght, and it truly
lmarks an epoch in American history,
‘more important than the battle of
annker Hill. True the law is a war
measure, but by the time it shall bave
expired the permanent measure will
become effective, so the . all
know that they are kissing 3: “crea
thur” goodbye in its legal form.
(Continued on Page Eighth |
