Newspaper Page Text
‘Friday, Jan. 7, 1910
It Is Worth While For You To Read This
———————————————————————
SR e TS % T
P m by % % _. ‘ 5 . g A
P S R "":l:" RSHBRET 2T Vg & i osh
Ly ::_‘g-»g“z‘*”‘» R NE ooty # :
pe P A . o % i
S {*‘ S R .-y
s 4 s A el
L, Al R FaEe A LR s
2o : N o
T 1 G A
AR R i 8 SN 9
R . SRR 43
;S e ; MR 5
,‘23,;‘3’; 5§ e . 3 2. = u 3
Y e LB g o
BRSNS s r “ L&
{@;sfi Bt P ™ i
RSARRLAN a n By : N ¥ :
A B .
1;’- S 0 i g £ o o ? .
AR R .
o S USRS TR T e (R
%"”\:"!“w‘,f:\(w. AR i
v AR T SR RGE T S
go; S et g T L
TR R L el G R e b
P i o
b 3%
L R B ¥ Sy
Tk o e g - R i ]
¥ T
: : e Sl
ol 3
RS
B
=Ab y '
3 R L
g A X
) : : S
RRE A T S 4 ; el
P : ; S
-y
Well it costs, to be sure, and so do Stetson Hats, and Stacy Adams Shoes. The cost is the
cheapest you will find,
Now what we have said about boys we say about your “Daughter.” We are going to admit
a limited number of girls into our school, and you had better see about the matter now, Do not
wait. We want your boy and also your girl, Special rates when there are two or more
from one family, ’
Telephone No. 157 ' MARIETTA, GA. 105 Dixie Avenue.
JUDGE MORRIS TAKES CHARGE
OF THE WATER WORKS SUIT.
Orders the Trust Company
to Have Hearing
Before Him.
The litigation over the Marietta
water works took a new turn Friday
when Judge Morris signed an order
that the Trust Company of Georgia
show cause before him next Saturday
why the injunction granted by Judge
George Bell in Atlanta should not be
vacated or set aside.
This may develop into a clash be
tween two courts; or it may end in an
effort to get the case into the United
States court,
For & clear understanding of the
situation it may be stated that in order
to take the litigation to Atlanta the
injunction case to prevent the building
of the new water works was carried be
fore Judge George L. Bell, one of the
judges of Fulton superior court. This
was done on the ground that Judge
Morris was disqualified because of his
relationship to Judge Gober, one of |
the attorgeys for the Trust Company.
Judge Morris holds that he is not dis
qualified and that as he was in the
circuit, being at his home here in Mari
etta, the case should not have been
carried to an outside judge. It is
usual for a judge to himself certify
that he is disqualified, but this case
was carried to Judge Bell simply on
the affidavit of Judge Gober that he
was kin to Judge Morris and therefore
Judge Morris was disqualified to sit in
the hearing,
The case to be heard by Judge Mor
ris is set for next Saturday, the Bth.
The casebefore Judge Bell is set for
the following Saturday, the 15th.
It may be that Judge Bell will yield
to Judge Morris as Judge Morris holds
himself qualified.
Judge Morris may dismiss the in
junction and work on the new system
be started again.
in any event the litigation is sched
uled to go to the Supreme Court of the
United States,
THE ORDER PASSED
Following are the motions .made be:
You Say It Costs too Much
. : o :{%3}*-;‘:1%
HEN you come to consider the proposition seriously you will find that the education of your son is of conéemnext%
in importance to the salvation of his soul—it ought to mean even this much. When the training and equipping gf e
- your boy means so much to you and to him, common sense will compel you to admit that he should be placed in
a school where the teachers study to understand him, know how to encourage him and know that a growing boy, one that
s alive, cannot be fed on soothing ointments and sweet syrups all of the time. The education of your son means more
to you than dollars and cents. »
In a school like ours, our very existence demands that we give the patrons the best there is to be had. - We must cul
tivate the three M’s—*“Manliness in Mind, in Morals and in Muscle.” lltis a satisfaction to a father to know that his son
is learning these principles day by day, that contribute to his eternal welfare, to know that his time is not being wasted. -
His time is worth something to you and we are frank in saying we can save you time in the education of your son, and cau )
PROVE IT TO YOU——WE ASK YOU FOR THE CHANCE, _
Now really, is your son being trained, is he being educated? If not, why not? There is an answer. You may think
that because he never gets into any trouble in school that he is doing well. Not so, by any means. You cannot take so
vital a matter for granted. If he is doing so well, why do so many boys who go to Ga. Tech. fail? Why so many falls by
the wayside ? There is just one answer. Now, because a boy may attend some colleges and not fail is no indication of the
fact that he is prepared at all. There are colleges and colleges. . :
We are concerned in the welfare of your son. We believe in boys; we like boys; we like to teach boys; we try to
know something about boys, and we claim the right of the good people of Marietta to prove to them that our claim is not
selfish. We offer you the opportunity that will mean =:ore to you than 20 cent cotton.
- * The Proof Of The Pudding is in The Eating,"
M
fore Judge Morris and the action take
by him:
The Trust Company | No. 1107,
of Georgia ]
VB. tCobb Superior
The City of Mari-J Court.
etta, et al. March Term, 1910
The defendants in the above stated
case come and move the Court to va
cate the order passed therein by the
Hon. Geo. L. Bell, one of the Judges
of the Atlarta Circuit, and they say
that said order so made and passed by
the said Hon. Geo. L. Bell was im
providently granted and was coram
non judice for the following reasons:
Ist. The complainant’s peticion was
never presented to the Judge of the
Superior Court of Cobb County, Geor
gia, he being at the time at his resi
dence in said Circuit, and being com
petent and qualified to act on said
case, and he having juriediction there
of, Said petition should have been
presented to said Judge of Cobb Coun
ty, and he sheuld have determined his
qualification to act on said petition
and preside on the hearing of same.
9d. It does not appear from the
plaintiff’s petition that the Judge of
Cobb Superior Court is disqualified in
said case, the statement made in the
affidavit attached to said petition be
ing insufficient to shuw any disqualifi
eation on the part of the judge of the
Superior Court of said County, and as
a matter of fact the said judge not be
ing disqualified in eaid case, and the
Hon Geo. L. Bell, Judge of the At
lanta Circuit had no jurisdiction in the
matter and had no legal authority to
grant the order which he undertook to
| make in said case.
Wherefore the defendante pray that
the said order of the Hon Geo. L.
Bell be vacated as null and void; and
to this end they pray that a rule nisi
igsue calling upon the complainant to
ghow cause st a day named why this
prayer of defendants should not be
graned. .
D. W. BLAIR,
Attorney for Defendants.
Marietta, Ga., December 31, 1909,
The foregoing motion being pre
THE MARIETTA JOURNAL AND COURIER
gsented, the same is read and consid
ered. It appearing that the petition
in this case was presented to the Hon
orable George L. Bell, one of the
Judges of the Atlanta Circuit, without
first having been presented to the
Judge of this Cireuit who was at the
time at his residence in s#aid County
and Circuit, and who was ecapable of
acting on said petition and determin
ing his qualification or disqualification
to act on the petition and preside in
said case;
It is therefore eunsidered, ordered
and adjudged, that the complainant,
the Trust Company of Georgia, show
causee before me at 10 o’clock A.M. on
the Bth day of January, 1910, at the
Court-house 1n the eity of Marietta,
why the prayer of defendants should
not be granted.
Let a copy of this motion and order
be served upon the complainant or
upon its counsel of record in said case.
Trust Company ) No. 1107,
of Georgia | Cobb Superior
v 8; b Court
The City of Mari- ' March Term,
etta, et al. 3 1910.
The defendants in the above stated
case having made answer thereto and
filed the same with the Clerk of the
Superior Court of Cobb County. they
come and ssk the Court to dissolve the
restraining order that has heretofore
been granted in said case by the Hon.
L. Bell, one of the Judges of the Sape
rior Court of the Atlanta Circuit; and
to this end they pray that the Court
grant arule nisi to the complainant, re
quiring it to ~how cause before the
Court at a time and place to be named,
why the restraining order granted in
said case should not be dissolved.
D. W. BLAIR,
Attorney for Defendants.
Marietta. Ga., December 31, 1909.
Motion in the case stated being pre
sented to me, upon reading and con
sidering the same,
It is ordered that the complainant
show cause before me at 10 o’clock a.
m. on the Bth day of January, 1910, at
the Court House at Marietts, Georgia
why the restraining order heretofore
granted in said case should not be dis
solved. -
Let this motion be filed with the
Cierk of said Court, ard a copy of the
motion and th 8 order served upon the
ecomplainant ur its counsel of record in
said case, within three days from this
date. N. A. MORRIS,
Judge Saperior Court
COLONEL BLAIR’S STRONG ANSWER
TO SUIT BY THE TRUST COMPANY.
A Clear Presentation of the
City’s Side of the Water
Works Case.
| The answer of the Water Commis
sioners of Marietta to the injunction
suit of the Trust Company of Georgia
hae been filed in Cobb Superior Court
and is a remarkably strong and clear
preeentation of the citys position in
the matter. [t was prepared by Col.
D. W. Blair, who represents the city in
the litigation. It covers twenty-three
pages of legal cap and would occupy
over a page of the Journal and Courier.
But when it is finished there is nothing
more to ba said.
The answer avers that the owners of
‘the present system have no execlusive
franchise ; that the system is insuffi
cient for the city’s needs; that the fire
preseure is insufficient; that the com
pany has failed to meet the require
ments; that the diversion of the
Blackjack water would be practically
nothing ; that even if it were other
wise the Soap Creek water power has
long been abandoned ; that it is im
practicable to develop it; that the
company really has no intention of de
veloping it ; that the surfa. ' drainage
of & part of the city already goes into
Soaps Creek and that under no cireum
stances would the people of Marietta
consent to the pumping of Soaps creek
water into the city.
Every city has to provide fire protec
tion, yet when the franchise was grant
ed and the present water works system
installed there was no contract to sup
ply the city with water and a contract
for wather was not made until some
time after the installation of the sys
tem. So the granting of the frahchise
did not carry an obligation on the
part of the city or the people to pat
ronize the system. The existing five
year contract, which will expire in a
ye so was made only at the urgent
re;trst of the Company in_order that
its pnds might be more easily sold,
and the contract; it is insisted, is not
vali@§ because one council cannot bind
its guccessors in such a way. The
Trust Company makes many- allega
’tio , but it does not in reality rest its
case on an exclusive franchise. Its
dependance i 3 the diversion of the
water from Blackjack, or Allgood’s
creek and a contamination of the wa
ters of Soap’s creek,
As to the dawmnage to the water power
at Soaps creek by diverting the Black
jack water, Colonel Blair says that
years ago there was a emall paper mill
at the water power, with one paper
machine and that when sanother was
put in, steam power was installed to
help run the little mill, for the reason
that the water power was insufficient.
Fifteen years ago the owners found
the operation of the property imprac
ticable and they abandoned it, dis
mantled the plant snd moved it to
the city, and nothing now marks the
spot except the ruine of the old mill.
For fiteen years the ‘‘water power’
has not' yielded a penny of inecome to
the owners, and it is alleged that they
do not intend to develop the power and
use it,
It is alleged in the answer that not
as mrich as three per cent of the water
flowing over Soaps creek falls would
be diverted by the use of the Black
jsck tributary and half of that would
flow back.
The value of the Soap’s creek water
power with the 640 acres of land going
with it was appraised in the recent
bankruptcy proceedings at only $6,000
and the best bid offered was only $4,-
500. :
In regard to the complaint that the
sewage of the city would contaminate
SBoap’s creek, which the Trust Com
pany proposes to use'as the source of
its water supply for the city. Colonel
Blair says in his answer:
‘lt is admitted that part of defen
dants, sewerage system will empty into
a atream tributary to Soap’s ereek, but
it is denied that vhis will 1n any way
damage the complainant’s water. The
Soap’s cresk waters are contaminated
and unfit for any water works system.
One of the streams that urite to make
Soap’s ereek, heads in the city of Ma
rietta and into it there are and have
been for many yeara and prior to the
eomplainant’s first gonnection with
these properties, innumerable private
sewers, including those of the eourt
house, jail, the busines« housés, and
Somne of which are used by the publie
2g- 3 B
.43 R e
g ¥ i 3 fl ;'4,{3’,.’-’? P
it o 8 ol “‘f,-’;;‘w‘fi‘,' 5
33 X 5 . Al Ry 3
et N ¥ i s doo
SR TN [ b SO TE
} N ; b R
‘TiS i F . O
il Y
b 5 AN il " | Y L ’i&“"{-
N& S =gq\ oR R
oL < 3 '~.. ‘-h. O wm
TNv L o
Dbt (53 ¢ 5 s : u""v‘v“'v s¥ N =% & y
generally. The water of this stream
is and has been for some years past
80 contaminated that the people of the
Oity of Marietta would not hear for
'one moment about the water being
L brought back here for domestic uses.
‘So far as these defendants know, the
complainant has no other system of
‘water works except in the City of Ma
rietta, and once for all complainant
may abandon all idea of bringing
Soap’s creek water to Marietta for
public use. The City of Marietta and
its people have not reached that stage of
sevitude to the complainant that they
will tolerate such & proposition. The
stroais berein referred to drains s large
part of the City of Marietts and
necessarily renders Soap’s creek un
suitable for water purposes.’’
The answer denies that here is to be
any discriminations againt the paper
mill and says a large number of hy
drants have been placed for the pro
tection of that propery.
“It may be well to note in this con
nection,” says the answer, ‘‘that the
complaintant’s water works system
has never been sufficient to protect its
own property against fire and upon one
occasion it had a fire which did more
than $lOO,OOO damage because it had
no water works system and its own
plant would have been a total loss but
for the fact that it had installed an
underwriter’s pump with a large
sprinkler system.”’
The answer says that time and time
and time again houses in Marietta
have been destroyed because
their wag no pressure, and it is made
clear that the people are simply try
ing to pretect their property because
the water company has failed to do so.
The case will be heard by Judge
Morris ‘Saturday. 4 g
' The outcome will be awaited with
gre:t'ti interest by the people who have
so much at stake, N
A Frightful Wreck v
of train, automobile’ or buggy may
cause cuts, bruises, abrasions, spraics
or wounds that demand Bucklen’s
Arnica Salve—earth’s greatest healer.
Quick relief and prompt results. For
burps, beils, sores of all kinde, eczems,
chapped hands and lips, svre eyes or
corus, its supreme. Surest pile cure
25¢.8t W. A Sems & Co’s. "‘\,’«;
| g T S
; One dollar ovemll“t}
7 o R
Page Three
