Newspaper Page Text
12
PAGES
VOL. 54. NO. 18
‘GOURT RULES AGAINST
Mayor’s Friends To Take Case
To The Supreme
: Court
Nothnig in local cireles is caus
ing so much comment and interest
at this time as the injunction
against the city water board pay
ing Mayor Brumby his salary as
treasurer of that body and actual
manager of the waterworks.
Onl a petition of Mr. E. P.
Dobbs to Judge Blair the injune
tion was granted against the
Board paying the mayor a salary
of $2,400 in addition to his salary
as mayor. The board then had a
hearing before the court and were
refused in the following decision
which we print in full from the re
reords of the court, in order that
every one may be informed as to
the status of the case. The May
or’s friends announce that they
will take the case to the supreme
court.
E. P. Dobbs, et al, vs. Board of
Lights & Water Works, et al, Ma
rietta, Georgia.
No. 3056, March Term, 1920,
Cobb Superior Court. '
The question in this case is as
to the right of the petitioners to
an injunction against the payment
of the salary fixed by the Board
of Lights and Waterworks (for
brevity’s sake herein called
Board) for the Mayor of the City
of Marietta, Jim R. Brumby, Jr.,
who lis defendant herein. As
usual, there is some controversy
as to the facts, but the conten
tions are mostly as to the law and
its application. In applying the
law, it is well to note the facts
involved.
It is not in controversy that the
Board is composed of five mem
bers, that three of these are elect
ed by the Mayor and Counecil, that
the Mayor appoints the fourth,
and he becomes the fifth by vir
tue of his office as Mayor. It will
thus be seen that the Mayor is a
large factor in naming the indi
viduals who compose the Board.
He is in position to influence the
election of three and may even
vote for them in case of a tie, he
appoints one and he is another.
Being chief executive officer of
the City and also member of the
Board, and largely responsible
for the naming of the other mem
bers of the board, it is reasonable
to infer that he would wield large
influence over the members of the
Board. :
The question is, can the Board
thuscreated and influenced re
turn the compliment to the Mayor
by electing him to any office or
position and providing him with
a handsome salary to be paid out
of the treasury of the Board. If
sO, the chief desire for being May
or might be to control the Board
by the election and appointment
of members who would serve the
personal interests of the Mayor to
the detriment and loss of the pub
lic. It is easy to see that great
evils might grow out of such a
system. n saying this, there is no
intimation expressed or implied
that the present members of the
Board have not been conscien
tious in the discharge of their
duties, or that they have done oth
erwise than they thought for the
best interest of the public. Their
integrity is not involved, but the
legality of their act in question.
The law desn’t look to the hon
esty of trustees and agents, pub
lic or private, but says to all of
them alike: ‘‘ Ye cannot serve two
Jnasters.’”” The law does not per
mit publie officials to serve them
selves and the public in the same
matters where their intrests con
flicts.
In this case the Mayor is paid
a salary by the City. This salary
includes compensation for all his
services as a member of the Board
it is as much his duty to serve the
City on the Board as it is to dis
charge any other function of the
Mayoralty of the City. The tax
payers of the City are entitled to
the best services he can render in
the discharge of all his duties on
the Board—in the selection of of
ficers an helpers for the Board, in
the fixing of their compensation,
and in seeing that they efficiently
and honestly discharged and per
formeall their duties to the Board.
When he is before the other mem
bers of the Board as an appli
cant for position and large salary,
and increased salary, he is not,
and eannot be representing the in
terests. of the tax-payers. The law
does not permit him to thus lay
THE MARIETTA JOURNAT.
AN OUNCE OF PREVENTION
WORTH A POUND OF CURE
Many parents of Cobb County
are neglecting a most solemn and
important duty to their children
when they fail to do the best they
can to correct the defects disclos
ed by recent examinations. The
health authorities are anxious to
help in every way possible.
The Cobb County Publie
Health Service has been instru
mental in disclosing a large num
ber of physical defects and ail
ments among the school children
of Cobb County.
In the large majority of cases
these defects are of a remedial
character and are generally of
such a nature that, if taken in the
preliminary phases of the disease,
permanent effects may be averted.
In ten schools of the County
during the month of March there
were 577 children examined. Of
this number 491 were suffering
from defective teeth, 159 from dis
eased tonsils and 54 who were in
need of treatment for various af
fections of the eye.
The Health Commissioner, Dr.
E. L. Anthony, Jr., and the Public
Health Nurse, Miss Virginia P.
Gibbes are anxious to co-operate
with the parents or guardians and
in order to adequately meet this
demand for a more thorough un
derstanding of the situation Miss
Gibbes may be found at her desk
in the Publie Health Office in the
Court House every Tuesday after
noon fom two until six o’clock
where she will be glad to meet
parents and teachers.
In discussing the matter Miss
Gibbes said: “Neither Dr. An
thony nor I give any treatment
but we are always glad to confer
with teachers about the physical
well being of their children, and
to co-operate with them in secur
ing medical and dental attention.
While as I have just stated, we do
not practice medicine, yet we are
at all times ready to co-operate
with the medical and dental pro
fression in the correction of these
defects. The Public Health Offi
cer is really the pathfinder who
discovers the physical irregulari
ties and who looks to the medical
profession for remedial aid.”’
aside his duties to the public and
take a position antagonistic to
their interests. This view is sus
tained by numerous authorities
but it is doubtful if any one of
them presents as strong reasons
for equitable interference as the
present one, owing to the manner
of the election and appointment of
the members of the Board.
It is insisted on the part of the
defendants that under the amend
ment of 1909, the Mayor is eligi
ble to the office of Treasurer of
the Board, that the Board has the
right to fix a salary, therefor,
and that that is all that has been
done by the Board. In my opin
ion it is not necessary to deter
mine whether the Aet in ques
tion applied to the Mayor or only
to a regular member of the Board,
nor whether the Act in question
is unconstitutional as insisted by
the petitioners, for the reason the
defendants have not sustained
their contention by proof. The re
solutions authorizing his election
and fixing his salary shows the
contrary to be true. It provides
that he shall take charge or con
trol of all the property managed
by the Board and devote his en
tire time to their operation du
ties not belonging to any office of
treasurer. True he is called treas
urer, but the salary fixed is gross
ly excessive for the duties of his
office—s2ooo per annum, and
later increased to $2400. The
treasurer of the City of Marietta
is limited to $lOO per year. The
treasurer of Cobb county gets
$6OO and numbers of counties in
Georgia pay their treasurers from
two hundred to five hundred. It
does not appear that the duties
of the treasurer of the Board are
onerous. He does not collect the
money’s due by by the Board’s
patrons, but the collections are
made by the Clerk of Council and
turned over to the treasurer. He
gives a bond for $lOOO and the
Board pays the premium—indica
ting that the amount of money
handled at any one time is not ex
traordinary large, It is safe to say
there is not a member of the
Board who would vote more than
$lOO per year to an outsider to
simply fill the office of treasurer
of the Board.
It is further cortended by the
defendant that the original peti
tioners has no interest in the sub
ject matter and cannot be heard
« (Continued on page 11)
MARIETTAy GEORGIA, FRIDAY, APRIL 30, 1920
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“Nothing But The Truth” is one of the most widely knowu comedy suc
cesses.
As a novel by Frederick S. Isham, it was read by millions of people, and
later as a play it ran more than a season on Broadway.
It is the ingenious, entertaining story of a young society idler who wagers
that he can tell the absolute truth fer one whole day.
A complete production of “Nothing But The Truth” will be given on the
sixth night of the Redpath Chautauqua here, by a New York company of
nine people.
WOMEN'S CLUBS WILL
MEET IN ACWORTH
On May sth,the Carrie Dyer
Reading Club of Acworth will en
tertain the Women’s Clubs of the
seventh district. There are quite
a number of these clubs in the
district and a large attendance is
anticipated. An interesting and
instructive program has been ar
ranged.
AN OMMISSION 4
Last week the names of the re
presentatives to the state conven
tion to be held in Atlanta on May
18, we ommitted through error
the names of Messrs. R. R. Petree
and J. B. Mohon, who go as alter
nates from Cobb.
MARIETTA’S HOTEL SERVICE
STILL FURTHER .REDUCED
After April 15 the Kennesaw
Hotel will be used only on the
upper floors as a hotel, and there
rooms only will be furnished. The
dining room will be closed and
the ground floor converted into
stock rooms or business places of
some sort. This change still fur
ther emphasizes the need of a
modern hotel in Marietta. |
ATTRACTIVE FEATURES
PLANNED FOR THE
CLARKE LIBRARY
Miss Mabel Cortleyou attended
the meeting of the Georgia Li
brary Association at the Carnegie
Library in Atlanta Wednesday.
Reports of the library work in a
number of towns and cities were
given by their librarians. The re
port of Marietta’s ‘‘Drive,”’ head
ed by the Rotarians, for a fund to
improve the efficiency of our Lib
rary, was greeted with applause.
Miss Charlotte Templeton, the
Secretary of the Georgia Library
Commission, will be in Marietta,
May 10, looking over the Library
and finding out its needs. She
will then meet with the Board of
Directors and talk over with them
te plans for improvements. The
coniplete reorganization program
will be announced later, but some
of the features will be free library
service, rearranging and recata
loging of the books, up-to-date en
eyelopedia and dictionary, and at
tractive juvenile books for child
ren, as well as new, desirable
books for the other sections.
A trained librarian will be se
cured also if the salary can he ar
ranged for out of the fund sub
sceribed,
j CARD OF THANKS
We desire to express our heart
felt thanks to the many friends,
neighbors and relatives, for the
heautiful floral offerings, words of
sympathy, and deeds of kindness.
during the sickness and death of
our wife and mother.,
Respectfully
Paul R. Camp, and family.
EARLY CLOSING DURING
2 THE SUMMER MONTHS
An agreement has ben signed by
’the grocery stores about town to
close their stores at 6 p. m. from
May 1 to October 1 excepting Sat
urday evenings. The drygoods
‘and shoe stores have already been
}observing these hours.
MOTHER'S DAY SERVICE AT
KENNESAW BAPTIST CHURCH
iL' Rev. E. T. Booth will preach at
Kennesaw Baptist Church on the
second Sunday in May ‘‘Mother’s
Day,”” at 11 o’clock.
Everybody is invited to be pre
sent, especially is it desired that
all Mother’s who can will attend.
SUNDAY SCHOOLS TO MEET
METHODIST CHURCH IN MAY-‘
Arrangements are being made
to hold a session of the Cobb
County Sunday School Associa
tion at the First Methodist Church
of Marietta May 20th and 21st. I
. Mrs. Regina Rambo Benson has
consented to drill some of the
Sunday School Children in pre-!
senting some Bible stories in dra
matic form, which will be a very{
attractive feature of the Associa
tion Meeting. Mrs, J. Glenn Giles,
Mrs. W. A. DuPre and Mrs. Len
C. Baldwin have been appointed
a committee to arrange a modell
promotion or graduation exercise
for some of the eradle roll child
ren being promoted from the
Cradle Roll to the heginner’s de
partment of the main school.
It is expected that every Sunday}
School of all denominations in
the Sounty will be represented at
this Association Meeting. There
will be trained speakers from a
distance to discuss work in the
various grades and departments
of the Sunday School.
A detailed program will be
given later through the columns
of this paper.
CHEROKEE PRESBYTERIAL
COMES HERE THIS YEAR
The meeting of the Presbyterial
of the Cherokee Preshytery will
be held in Marietta this year.
This is composed of the women
of the preshytery and will meet
on Tuesday evening, May 11, at
the Presbyterian Church here.
The meetings will continue
through Wednesday, and a large
attendance of ladies is expected
to come from the other churches
in the presbytery, of which the
churches at Rome, Dalton and
Cartersville are the largest,
These® representatives will be
entertained in Marietta homes
during the meetings,
ALEX C. KING IS THE
NEW FEDERAL JUDGE
Alex, C, King, who is now one
of the solicitors general of the
United States, was on Thursday,
nominated to be judge of the sth
Judieial eirenit,
DECORATION DAY IS ... ...
OBSERVED AS USUAL
Monday’s Decoration Day ex
ercises were somewhat marred by
the exceedingly inclement weath
er but the program was carried
out as planned except the parade
to the cemetery .
The orator of the day was Al
fred Colquitt Newell, of Atlanta,
who is a grandson of former gov
ernor and Senator Alfred Colquitt
of Georgia, and the Court House
was filled to the doors.
Although we have a late and
cold spring, the profusion of
flowers brought to decorate the
graves of the Confederate dead
gave no indication of this fact, but
attested anew the devotion of the
people to the heroes of the sixties.
Each year the numbor of sur
vivors of the great struggle grows
smaller, and the band of devoted
women who lived with them
through the dark days of priva
tion, defeat and suffering, is also
fading away, but a flash of the
old spirit which never surrenders
can always be seen at these gath
erings in honor of the brave men
who offered their lives for a prin
ciple,
MAYOR EXPLAINS STATUS
OF STREET PAVING
We have, from the Mayor, the
letter below relative to paving the
streets of Marietta.
To the Publie:
Quite a number of citizens have
called me up during the last few
days to inquire of the progress
that is bheing made by the City
authorities relative to the pro
posed paving.
I wish to say that my illuess
and consequent temporary ab
sence from my official duties has
caused no delay in the program.
The law upder which the pro
posed paving is to be done re
quires a great deal of preliminary
work before the election for
Bonds can be legally called.
The last three or four weeks
has been used by the engineer,
making up and getting printed
the necessary specificatious to he
placed in the hands of prospec
tive bidders. These specifications
have been printed and mailed to
25 of the best known contractors
in this line throughout the coun
try.
Bids will be received and open
ed by Council on May 6th. The
Bond election eannot be advertis
ed until 15 days after the open
ing of the bids, because this time
will be required for advertising
the date on which Counecil will
consider the paving ordinances
and hear objections to same.
All the streets in the City will
be given a good spring working
as soon as the weather permits.
All the streets leading into the
Public Square, or a portion of all
of them have petitioned Couneil
for paving, and these have been
filed with the City Clerk, as re
quired by law. Four or five other
Streets have also filed petitions
and I understand others will do
so later. We hope to pave all the
streets that want it, but of course
this will depend on just how far
the bond money will go. I am
glad to be able to state that the
County Commissioners have
agreed to do the grading which
will be a great saving.
The minimum amount of Bonds
that may be issued is $75,000.
The Water and Light Depart
ment will extend their water main
and sewers on all streets where
needed before the paving is com
menced.
The Annual Audit of the City’s
books and of the Board of Lights
and Waterworks have been com
pleted, and in the next issue of
this paper you will find a conden
sed report, showing the receipts
and disbursements for the year
1919, and the financial condition
of the City and water board as
of January Ist, 1920, as shown by
the Audit,
The records of the City, as well
as of the Board of Lights & Water
Works have been audited by a
certified publie accountant each
vear since | have been in office,
and while these reports are too
voluminous to publish in full, they
are on file at the City Offices, and
nothing will give me more pleas
ure than to lay them before you,
and answer any questions pertain
ing to them.
As soon as I am physically able,
[ expectyto give the affairs of the
City my undivided attention, as
heretofore.
Very truly yours,
Jim R. Brumby, Jr.
ESTABLISHED 1866
Urge Préventative Measures, Ap
prove Board of Health, and
Recommend Clinic
The following resolutions were
read and adopted by the Cobb
County Medical Society in Exe
cutive session, Thursday, April 22.
‘iThat owing to the prevalence
of typhoid fever and dysentery
during the spring and summer
months, we deem it wise to adopt
measures that will lead to the pre
vention of these diseases. It is
well known that typhoid fever
and dysentery are preventable
diseases, the source of infection,
being human excreta, and carried
from person to person by water,
milk, flies, and uncooked vege
tables. Typhoid fever and dysen
tery can be prevented by proper
ly disposing of human exereta,
properly screening of houses and
food, such as green vegetables and
fruit. Also by protection and puri
fication of water supplies, and
sterilization and pastuerization.
of milk.
- ‘“Also, we not only approve,
but urge the people of Cobb coun
ty, to avail themselves of typhoid
vaccination, which will confer a
positive immunity for at least
three years. The vaccine is fur
nished by the State Board of
Health, and can be administered
by the family doector, or the coun
ty Health Commissioner to those
unable to pay, and where neces
sary to prevent an epidemiec.
““We heartily endorse any ef
forts made by the County Health
Commissioner for the protection
of water, milk and food supplies.
We approve and endorse the dif
ferent types of sanitary closets,
which are recommended by the
State Board of Health. We ap
prove of screening of houses, and
draining of bodies of stagnant
water, to prevent malaria.
‘“We approve of a clinic for the
County, to be established on the
following plan: That arrange
ments be made at the two Mari
etta Sanitariums to care for those
people unable to employ a physi
cian on the followings terms:
“That the physician give their
services free of charge, and the
Sanitariums make a charge to
cover the actual erpense of the
patients.””
““The Ellis Law, which requires
the reporting of communicable
diseases, is done in the interest of
the publie, and this Society urges
every Physician in the County,
the importance of reporting all
communicable diseases to the
County Health Commissioner.
““This Society approves of the
rules and regulations of the Cobb
County Board of Health, as being
reasonable and just, and recom
mended that they be adopted.”’
MR. GEORGE WILLIAMS
DIES IN CHINA
The many friends of the family
have been saddened by the news
of the death of Mr. George Wil
liams, which occured in Shang
Hai, China. Mrs. Williams, who
was Miss Mabelle Glover, has the
sympathy of all in her bereave
ment. She will return immediate
ly to the United States.
SACRED HARP SINGERS
WERE WITH US SUNDAY
The annual meeting of the Sae
red Harp Singers Association of
Cobb County was held here on
Sunday and the wusual -crowd
thronged the court house, the'
park and the streets from nine in
the morning until four in the aft
ernoon.
The young people were more in
evidence this year than at the last
two meetings when so many of the
boys were in the service, but the
old regulars were here too, and
they made the court house ring
always new.
The officers of the association
served dinner in the park to visit
ors from other counties and bas
kets of good things were plenti
ful.
The large attendance and the
great number of cars, despite ra
ther unfavorabie weather, indi
cated the prosperity of the coun
ty, while the happy faces and
laughter on every side showed the
spirit of the people. |
The officers elected for the eom
ing year were E. G, McGarity pre
sident, W. M. Murdock, vice-pre
sident, and Bernard Awtrey, m%
retary. .. L R
$l2O
A VEAR
