Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-10
SECOND BATTLE
IN. POWER SUIT
On JUNE %
Rehearing of TaIIuIah Case To
Be Urged Before Judge
Jones This Month.

Considerable interest is felt
throughout the state in the hearing
of the motion for a new trial of the
the TaIlulah Falls suit against the
Georgia Railway and Power Compa-
ny. but when the motion comes up
for argument at Gainesville June rs
it will lack the picturesque features
of the first trial.
The State will probably be repre-
scented at this bearing by Attorney
General T. s. Fielder and Edgar Wat
kins, while it is likely that H. H.
Dean and Alex c. King will represent
the power company. Judge Jones,
who presided at the first trial. will
decide as to the justification for
new trial
It is doubtful if ever in the legal
history of Georgia there has been
court trial of the magnitude of the
first trial of the water power suit at
Clayton.
The setting of the trial was ex-
tremely picturesque. Clayton is a
small mountain town, typical of it's
kind.
Rabun Farmers on Jury.
The jury was composed of eleven
Rabun farmers and one school teach
er, and everyone interested in the
case-judge, jury, attorneys, wit
nesses, even the pectators-seemed
TO feel the Importance of the case
being tried. Millions OF dollars were
involved. and the highest principles
of law and equity and the destiny of
an enterprise closely related to the
industrial and domestic lives Of over
half "a million people Of Georgia were
an stake. The details were already
familiar to every person in the court
room. The lawyers on both sides
Lad been busy preparing their case
ever since it was set for a hearing
last February The newspapers had
been fun of the matter for months,
nd il rad been generally discussed
gIl over the State.
Every person who knew anything
al a about the case had been brought
to the trial as a witness, about 20
ir an being summoned for the State.
The attorneys for the power compa-
uy had thoroughly searched the ar
,hiyos of the State for original sur
Nnys plats and grants Of the land in
question. Three Governors had been
interested in the case and a skilled
corps of engineers had been brought
over from the University of Georgia
to resurvey the land in dispute and
10 check the surveys of 1918. ordered
10y the Legislature of that time.
Brilliant Legal Array.
Representing the state was a CO.
terie of noted lawyers including At
tOrney General Fielder Edgar Wat
kins. r. G.. Ellis. of Triton, Ga; w
s Paris. of Clayton, and Walter
Hunnicutt, vice president Of the Tai
lulah Falls Con servation and Park'Ns
Association. For the power company
auueared Alex c. King, Luther T.
Rosser. Charles T. Hopkins and Pres
ton = Arkwright president of the
Georgia Railway and Power Compa
nv. AN well-kuOWu members Of the
Georgia bar.
The trial was marked by many I'M
usual incidents Judge Jones was
evidently determined to arrive at
fair and impartial decision In the
1yefehtv problem. and he kept the jury
together from the time It was organ
lied until 10 rendered its verdict
The arguments Of the brilliant ar
ray of counsel formed one Of the main
features of the trial. The concluding
speech of the Attorney General was
probably the mos impressive; in IL
h. reviewed and ridiculed the reason
ing and logic OF the opposition.
Ncssrs. Watson and King confined
their arguments t. the literal law m
The case. and Nj Dean attempted TO
impress upon the mind Of the jury
the local situation. Luther Rossor
had Attorney Ellis for his opponent
and mt the conclusion of his argu-
mont he pictured Judge Logan Bleck-
lev. the patriarch of Rabun, sadly
concentrating the spectacle Of "Ra-
hun County citizers being urged oy
The great state Of Georgia to take
away from honest men lands they
had honestly acquired and paid for,