davidaulloa/AmericanStories huggingface dataset:
The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-09-10

lie schools without the payment Of incidental
ee IS the sole remedy This would be if the
damus could afford complete ecacous remedy Is that
wh can be afforded by court OF equity but wherever the
law writ OF mandnus other proceeding although adequate o
one purpose cannot afford complete and timely relief
" equity then the broad Of equity will
the end that repabe injury may by OF the
slow process OF common law procedure "A
ITS power injunction may issue restraining order or ten
foary injunction in aid Of ancillry pro
ceeeng 18th Ruling r. c. L. 323 80 r. (N S. 228 "Th
remedy at law to exclude appropriate relief equity be com
ete and substantial equivalent equitable relief il is not
enough that there remedy law Il plain adequate
IN other words practical and efficient Justice
" prompt administration as remedy equity 40 L. r. A. (N 81
t42 IT the relief be afforded not of such character
then court Of equity will interfere and ii has frequently
where legal questions involved
aoy injunction has in been granted though plain
tiff may have avaed himself of remedy by mandmus where the
relief afforded thereby owing delay necessarily involved
prove efficient that which afforded by court Of
cquy.' 80 L. r. A. en- 81 lois
The anciay bill charges defendants have
been notified would be presented at this time and there az
nothing the eontrarythat if petitioners do not
comply with the orders Of the Board Of Education
shown illegal void they do obtas
entrance into the public schools will be permitted
with their classes and the benefits of their duty during
previous that their promotion will be recognized:
md that result of their attendance since opening day
OF school they will be denoted from the class which they rghuy
belong. To permit this running counter maxim Of
equity which that mo shall be advantage
of his wrong"
This court has great respect what may appear
Judgment and effort the Of the defendants
cquaze the burden the Of the and require
equal marcuaton fee from all but of public policy
ness judgment and other like considerations give way before
the plain mandate of our Constitution.
Therefore, appearing to the court that to permit the plaintiffs
children resident within the City Fitzgerald be denied
into the public schools taught along with the
which they rightuy belong would be injury eaabe in its
ure for which redress kind character could be afforded
Ivy the the being the opinion that these children have
the plain right of such entrance, and SO to be taught ri
Continued on Page Four ~~0'"'' -s
The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-09-10

The old saying Give rope enough etc" again proved
true the of the children schools
prayed for before Judge
remedy IN law by which hoped the admission OF the
children the schools the city though
ns outcome prepared admission
han by September 18TH hearing OF the mar
aamus proceedings
Thursday Superintendent J. f. Rcketson
fee which had the earmark of threat deprive the children
their ghtfuly promotion higher event that
they failed present themselves for illegal
Monday On the strength Of implied with
attorney in the Judge D. T. Griffin and proceeded
tor restraining order from His Hon Judge D. A. R. Crum Satu
Gay morning after notifying the Judge Civ
the attorneys for the Board Education
the presented Codele and will by
order appearing herewith by Judge Cum the remedy applied
Tor readily by the Davenport
and Editor Gelders presenting the petition.
wire to the Leader Enterprise, caryng the good
had the whole city advised The Board OF Education held meeting
sometime during Saturday assuring
sranng order had been granted and ended their action The
children admitted to the schools this morning prejudice
the FREE schools and FREE
around which shall continue build the City beautiful and eff
Gent"
This Judge kept as souvenir by ao
citizens beautiful diction becoming
Judge ~.
1sidor Geders, Walker A. VS. Board of Education
Of City of Fitzgerald Eft AL Auxiliary Petition Injunction,
Etc, Ben Hill Superior Court, October Term, 1917.
proper determination the within application injunction
endente lite necessarily includes the
tai questions involved in referred to-
end which is basd In 1877 people
emerging from the loss life of property re-
suant them from the between the palsy
Of reconstruction carpet bag adopted new Constitution
which, from time amended
proposing this magma Charta dominated by General Robert
oombs the Mrabeau of the Southern Confederacy Amongst
provisions Gas amended by the of the Assembly 1911
ratified by the people in 1912 it is declared:
Article 8, Section paragraph Il There thorough
of common schools for the education of children
The schools shall be free all children the state
The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-09-10
FIGHT FOR FREE SCHOOLS IS WON

Thus forty years ago Georgia by its white property
citizens stepped forward beyond states making
neagre it for the free youth white
and black From pance first taken by the gathered
the canty purse of the surviving ragged soldier
well the destitute widow Georgia has constantly
school fund until for the year been appro-
prated the of million thousand dollars
nearly onehalf OF the entire revenue provision of the
constitution has been passed by the Supreme Court
State insevera In Irwin al Gregory
COS decided far back February 1891 declared
Justice Becey rendering the opinion public system from
which resident pupils be excluded because they
unwilling pay for admission system contemplated b.,
tn Constitution There is hint in the
schools are to be opened who closed against
those who pay that municipal pub
c schools in far they perform the function
to be free to the children of the municipality ordinary
schools free the children This decis
nuihed the Act OF the Legislature empowering
Education Of the Town of mpkn require child upon their
entering such school, pay said Board and
that no child shall attend such school enjoy
until the required fee is paid
The Mayor and Council Of Gainesville VS. Simmons
al decided in 1885, 90 Ga 47 eamd case saying
that the Act of the Legislature authorizing City Gainesville
exact marculation admission fec Of the pupils within
the City unconstitutional and void This reached
Supreme Court agan96 4O0n which it was said THE ex
action the maiculaton fee of complaint was made was H.
legal and in far the bill seeks enon such
should have been the overrued Later
decisions l6 Ga 788 and 1873 GA 48 decided to the
i>Sme effect 1924 pas~.@ aes4sss
Therefore, from the plain terms of the Consti- :
tuition, and these decisions highest court, the
exaction of matricuaton fee from the resident
pupils of the City of Fitzgerald before they can Ell
ter school is illegal and void any provision of the
Charter of the City of Fitzgerald the contrary
notwithstanding ~<4 r.
he Constitution Of this which the Supreme for
us declares that Legislative in violation Constitution
the Constitution of the States void and the judiciary
shall declare them In obedience high bee we DISCHARGE
the solemn duty that perform But it is said
relief afforded that the right of andamus
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
COURT OF COMMON PLEAS.

The Court of Common Pleas con-
vened on Monday morning, with
Hon. T. J. Mauldin presiding.
Only one jury case was tried, all
other cases set for trial having been
settled or being continued.
IN the case of Beard VS.. Williams,
an action involving the title to lot
of land in the city, the Judge direct
ed a verdict for the plaintiffs, Sam
Esq., represented the plain
tiffs. The defendant failed to ap-
pear.
A number of equity matters were
disposed of by the Court at the
session after which the court
adjourned sine die. This was per-
haps the shortest term of the Court
of Common Pleas held in Abbeville
in the last forty years.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
HON. ROBERT A. COOPER TO
WED MISS DORCAS GAINES

The friends in Abbeville of the
hon. Robert A. Cooper will hear with
interest of his engagement to Miss
Dorcas Gaines and that his marriage
will take place in November. Such
announcement has just been made
by Mrs. T. E. Todd, of Laurens, a
cousin of Miss Gaines. The marriage
will take place in Mississippi at the
home of an uncle of the bride and
will be a quiet home affair.
Miss Gaines is a graduate Of Win
throp and has taught in North Caro-
lima, in Laurens and in Columbia.
Her friends know her as charm
ing young woman and wish her hap
piness.
Mr.. Cooper, as Solicitor of the
Eighth Circuit made many friends
over the county. He has been 'promi-
nent in politics over the state and
has splendid future before him.
The congratulations of a host of
friends and supporters 60 with him
on this happy occasion.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
THE NEW WAR TAXES.

Washington, Oct. 4.-The new war
taxes, designed to ::aise two and a
half billion dollars under the pro-
visions of the revenue bill signed
yesterday by President Wilson, went
into effect today.
In the form of levies on incomes,
excess profits, liquor, tobacco, trans
portation and various luxuries and
amusements, the law either directly
or indirectly affects every one in the
country. One of the first results is
the advance in distilled beverage
prices caused by an assessment of
.$2.10 a gallon.
It has been estimated by the treas
ury department and the senate fin
ance committee that the law during
the first year of its operation will
raise from Individual and corporate
incomes 1851, 100000; excess profits,
S1,OO OO,OOO,OOO; distilled spirits,
$135,OO0,00O tobacco, cigars and
cigarettes, s61,5OO,OO0; transporta-
ton, S6O,00O,0O0; amusement ad-
missions, $50,OO0,OO0, and automo-
biles and motorcycles, $40,000,000.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
AMERICANS BATTLE
u WITH SUBMARINE M. !! /: n.
After Twenty Minutes of Fighting
United States Destroyer Appar-
emily Sinks U-Boat.

Washington, Oct. 6.-The Navy
Department today made public an
account of an action between an
American destroyer in European wa
tiers and German submarine, but
avoided any claim that the U-boat
had been destroyed. although all in
dications pointed to that result. The
report on which the departments
statement was founded was made by
Vice Admiral Sims, in command of
American destroyers in the war zone
indicating his belief that a victory
had been scored, but Admiral Ben
son, chief of naval operations, point
ed out that the experience of Great
Britain and France in similar cases
made it unwise to place too much
confidence in circumstantial evi-
dence. ~. ~
The report showed the efficiency
and skill of the destroyer crew and
drew graphic picture of the pur-
suit of the submarine with shell fire
and depth bombs. Admiral Benson
said in this and other incidents which
also will be made public when mill
tary reasons permit, there is every
reason to believe that the under
water craft was destroyed.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
GERMAN LOSSES
WERE TERRIFIC.
Thousands Of Corpses Are Still
Scattered Over the Battle
Field. go {. & &sa

{ British Front in France and Bel
gium, Oct. 6.-The Germans suffered
severely in the British attack Thurs.
day, and a trip along the battle
front east and northeast of Ypres
showed hundreds, of bodies of Ger
man soldiers in the debris. At many
places shell craters were, filled with.
dead. Here and there were wound
ed, sometimes under a pile of corpses.
which the British stretcher-bearerss
had not been able to reach. ,5''S ~
Along one section of the Austral-,
ian front thousand bodies were
counted. A little further south there
was another lot Of 700. Some. of
these had been prisoners who were
making their way back within the,
British lines when they were caught
in their own barrage and killed. &
At some places in the new line es-.
tabhshed by the British attack in
Flanders the Germans were reported
today to be in: such exposed posi-
tions that they had pulled back their
defenses a short distance. British
patrols found the forward shell hole
defenses in one, section abandoned.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
DEATH OF MR.. GORDON.

Mr.. T. Samuel Gordon died Satur-
day at his home about six miles from
Abbeville on the Due West road. He
had a fall about ten days ago, which
was the cause of his death. He was
in his eighty-frst year. He was e
member of Co. G.. Orr's Regiment OF
Riflemen and served his country
faithfully through the whole four
years.
His parents were natives Of Ire.
land and came here to make their
home. After their deaths Mr.. Cor
don purchased the home place where
he lived. He was never married.
He was survived by his brother, H.
W. Gordon, and a number of ne
phews and nieces.
Funeral services were held at his
home and the interment was at Long
Cane cemetery. A large concourse
of friends and relatives gathered to
pay their last tribute of respect and
to show the high esteem in which he
was held.
Another veteran has "passed over
the river to rest in the shade of the
trees"
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
CIVIL WAR VETERANS 4,
u IN LONDON ACTIVE

London, Oct. 5,-A prominent part
in all the American war activities
here since the United States entered
the list Of combatants has been taken
by the local Society of Civil War Vet
erans. s .ift ;in, *. $.' q
The society now numbers only 80
of whom all are over 70
years old, and several over 80. They
have their headquarters in an old of
fee building near London Bridge,
where they hold weekly 2 meetings.
Despite their age, they always march
afoot to The American functions,
such as this weeks opening Of, the
Red Cross hut in the Strand, with
the Stars and Stripes at their head,
and a bunting banner alongside pro-
claiming ''U. s. Civil War Veterans:
Not for Ourselves But for Our Coun-
try" !.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
HOOVER STARTS
. FOOD CAMPAIGN
A. v. SnelL Field Agent. of the Food
Conservation Commission Was
Here Last Saturday.

Field Agent of the Food Conser-
walton Commission of South Caro-
lima, Mr.. A. v. Smell, made a talk
in the court house Friday afternoon.
He outlined the place for the county
chairman and his Go-workers to fol
low. He told of the vast amount of
food that could be saved if each fam
lily in the whole country would save
small amount each week. He asked
that one day in each week be set
aside for a lneatless day (poultry
and fish are not included in the
meat list) and one wheatless day.
Corn and velvet bean meals can be
substituted in the place of wheat
-four. I.sltl,.,. -.
Mr.. Smell explained that this food
conserved would be sold to the
French people and not given to them,
tnat the French people had the
:aoney to buy with if they could
only find the food to buy. y
Each housekeeper will be asked to
fill in a pledge card in which she is
promises to help this campaign in SO
far as her circumstances permit
Let us all "do our bit"
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
PRESIDENT PRAISES
WORK. Of CONGRESS
Believes Will and Purpose of the
American People Have Been
Faithfully Expressed

Washington, Oct. 6.-The work of
the congressional session adjourning
today, was praised by President Will
SON in statement saying: ,
"The needs of the army and navy
have been met in way that assu1 es
the effectiveness of American arms,
and the war making branch of the
government has been abundantly
equipped with the powers that were
necessary to make the action of the
nation effective"
't1The Sixty-fifth Congress, now ad-
journing," the President added, ode
serves the gratitude and appreciation
of a people whose will and purpose
believe it has faithfully expressed.
One cannot examine the record of
it's action without being impressed
by its completeness, its courage and
its full comprehension of a, great
task. Il =. a.. -, lts
81 believe that it has also in equal
degree and far as possible in the face
of war, safeguarded the rights of the
people and kept in mind the consid-
Grafton of social justice so often OBJ
scured in the hasty adjustments of
such crisis. -
"It seems to me that the work of
this remarkable session has not only
been done thoroughly, but that it
has also been done with the utmost
dispatch possible in the circumstan-
ces consistent with a full consider
alton Of the exceedingly critical mat
ters dealt with. Best Of all it has
left no doubt as to the spirit and de-
termination of the country but has
affirmed them as Loyalty and as en-
phatically as our fine soldiers will
affirm them on the firing line
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
CAMPAIGN TO CONSERVE FOOD

Columbia, S. c., Oct. 5.-There
are 5,s44 families in, Abbeville couri-
ty.' The United States government
is calling upon each and every one
of these families to aid in winning
the war by saving food. Every
family-meaning men, women and
children, white and black-is urged
to conserve the food supply because
the, last ounce may win the war.
During the week of October. 21st
to 2Sth, a great nationwide cam
paign is to be launched by Herbert
Hoover, national food administrator,
when all Americans will be asked to
join in the food saving movement.
Hundreds and thousands Of workers
will be in the field to sign up those
who want to support the govern
ment. There is nothing compulsory
about the movement. 1t is simply a
patriotic appeal to every man that
loves DeulOCIdSy. .....F &c.. ..... ..
Theminimum number Of pledges
expected from Abbeville county is
$500. The campaign manager for
the county will have many assistants
in the field and an effort will be
made to reach every home.
Beautiful window cards, showing
that the family is a member of the
food administration, will be present
ed to those signing the pledge cards.
Get behind the government and
help win the war. One slice OF
bread saved day means just that
much more food for the boys who
are being sent to battle for Demo-
cracy in Europe. ...
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
TLLMAN WILL RUN
IF PEOPLE INSIST
Has Been Urged by Great Many to
Be Candidate But Would Hear
From Others.

Trenton. Oct. 6.-Knowing that
the people of the State were anxious
to learn the probable altitude OF
Senator Tillman in the next senator
ial race, since the papers have been
discussing the matter, this cores
pondent sought an interview with
him this morning. The Senator was
averse to saying anything on the
subject, because Of his statement
two years ago that he would retire
at the end of his present term. When
it was brought to his attention that
this country had become involved in
the most gigantic war of all history
since that time, and that his services
were more needed now than ever, he
said: .........t.
III, Senator'S Statement.
81 have received many letters from
old friends, and from many who have
never supported me before, urging
me to be a candidate to succeed my
self, Notwithstanding my declaration
two years ago that I would retire.
When make up my mind, it is not
often that change it. / do not wish
to be a candidate, my family wish
me to retire from public life. But
on account of the fact that we are
at war, and that the President needs
the undivided support of his party,
I have recently said that the only
condition on which would be can
didate was for the people to CON
script me. In other words, I must
be convinced that they really want
me to run, or 1 shall retire as previ-
teusly announced"
Up to People, He Says.
The Senator is receiving many
letters urging him to be a candidate
again, to all of which he has an
swered as above. 1t is a matter that
is up to the people as to whether the
Senator shall again represent them,
as he has done for SO long and so
acceptably to the large majority of
the voters of the State. Their wishes
can be made known either by letter
or petition, and what is done should
be done quickly. The opposition is
very busy, and it is high time che
friends of the present Democratic
administration made known their
wishes.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
RANKS
OF DEMOCRACY. n c
Uruguay Sewers Diplomatic Rela-
tions With Germany-No Direct
Offense it is Claimed.

Montevideo, Oct. 7.-Uruguay has
severed diplomatic relations with
Germany. A presidential decree an
nounced the rupture following a
vote in favor of it by the chamber
Of deputies "a to %. The German
minister has been sent his passports.
The vote in the chamber was Ia
ken at two o'clock this morning.
President Viera in his message to
the parliament declared that the
Uruguayan government, had not re-
ceived any direct offense from Ger
many, but that it was necessary to
espouse the cause of the defenders OF
justice, democracy and more coming
small nationalities. .Ej !{i,&$..,, :,.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
TIME TO HIT FARMERS
FOR LIBERTY BONDS

Columbia, Oct. 4.-The present is
an opportune time to solicit liberty
loan subscriptions from the farmers
of the state, D. R. Coker, chairman
of the State Council of Defense, told
the chairman of the various liberty
loan committees. Mr.. Coker de-
clared that every one-horse farmer in
the State who has made a fair crop
can take a $100 bond and many of
the larger farmers can take $1,000
to 10000. Very little solicitation
was done among the farmers during
the first campaign, he stated.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
THE THIRDS COMMANDER.

The appointment of Col. Henry T.
Thompson as commander of South
Carolina's new regiment is more than
a graceful and deserved compliment.
1t is a guarantee that the new unit
will be we'll organized and thorough
ly efficient. Enthusiasm and per-
sonal magnetism, as we'll as a high
degree of executive ability, are
qualities possessed by Col. Thomp-
son-qualities essential in such an
enterprise as he will now be engaged
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
AUTOMOBILE ACCIDENT.

Mr.. T. G. White came near having
a serious automobile accident Sun
day night while on his way to Able
vile from Greenville, where he and
his family, accompanied by Miss
Lizzie Sharp, had spent the day.
They left Greenville late in the ev-
ening. Dark came on after they
had started and when they were
about twelve miles this side of
Greenville the lights on the car went
out. Mr.. White lighted his kero-
sene lamps and with the aid of flash
light he had with him, undertook to
reach the nearest town where he III
tended to have the lights repaired.
While proceeding along the nigh
way at moderate speed, and after
he had gone seven or eight miles
further, he met buggy and on ac-
count of not seeing it struck it. The
force of the lick, together with the
effort to avoid a collision caused the
car to turn turtle. All the occu-
pants of the car were caught under
meath it. Mr.. White succeeded, with
the assistance of the two men who
were in the buggy, in extricating
himself and got the others out. Mrs.
White and Miss Sharp were consid-
erably bruised and injured but it is
not thought that they are seriously
hurt. The two children, Mary and
Jense, escaped without a scratch.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-10-09
MR.. w. Y. MILLER SICK.

Mr.. and Mrs. J. s. Stark and Miss
Fannie Stark went up to Anderson
Sunday to spend the day with Mr..
W. Y. Miller, who has been i'll for
sometime. The friends of Mr.. Miller
will regret to hear that he has had
a serious attack in the last, few days
and that his condition remains seri-
GUS. They will hope for him recov-
cry from his present illness. 81.
Mrs. Stark remained in Anderson
to spend few days at the bedside
Of Mr.. Miller, who is her brother.