The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-09-19
A New Registration Necessary to Pro-
vide Correct List of Qualified
Voters of City of Marietta

On Wednesday evening, through
Attorney d. w. Blair, petition was
brought to Judge Morris, of the Blue
Ridge Circuit, signed by number of
citizens of Marietta, asking an injunc-
ton against the Mayor and Council in
the matter of holding an election on
Friday for the ratification of the
amendment to the city charter per-
hitting ny mayor holding the Office
for more than two successive terms.
On Thursday we were able to get
copy of the petition in time to have
it set up for this issue and we print
/ it below in full, together with the
order of the Judge for the hearing at
four O'clock Thursday.
| The defendants were represented at
that hour by Colonel Foster and the
arguments are much too long for us to
/ print. After full hearing be grant
: ed the injunction temporarily on the
ground that the law pertaining to reg
istration had not been fully complied
with. no provision for adding to or
purging the list having been had since
1917.
The court stated that the legislative
authority for holding the election
should have been construed in liber-
al manner, so far as the time for hold
! it was concerned, and that the words
''as soon thereafter as practicable"
was intended to include sufficient time
for every eligible citizen to quality
as voter.
The court entertained the view that
registration list two years old from
which there had been no names strick-
en-, and which did not include soldiers
in the service at that time, citizens
who may have come in, or young men
who had come Of age, and had no
| opportunity to register since October,
1917, could not have been in the minds
of the legislators who passed the act
subject to the actioon of the qualified
voters of Marietta.
The general election is not held UNI
, til December and there will be plenty
of time to hold a ratifying election
under the decision of the court before
that time, and we have no doubt it will
be done.
This is the order of the court after
! the hearing at 4 100 p. m. Thursday:
upon the hearing Of the above and
foregoing petition for injunction, it
is ordered, that the restraining order
granted on September 18, 1919, be
continued of force until after the city
registration books shall have closed on
November LIST, 1919, and the list OF
registered voters shall have been
purged and perfected by the regis
trants and filed with the Clerk of the
Council.
"In the event that the proposed
election should be held under the per-
fected registration list after Novem-
Der 1st, 1919, this order of injunction
is to be considered dissolved, but the
proposed election as advertised to be
held on September 18th, 1919, is here
by enjoined as prayed.
"This September 18th, 1919.
N. A. MORRIS,
Judge Superior Court"
We give below the petition on which
the matter was brought into court
STATE OF GEORGIA, Cobb County:
To the Superior Court of said county
The petition Of w. H. Wyatt, L. W.
Hibble, M. L. McNeel, Geo. W. Greene,
| E. E. Irwin, J. E. Delk, j. M. Stone,
Sam Huddleston, J. T. Ellison, ID. ID.
Underwood, w. D. Delk, ]. L. Turner,
A. v. Cortelyou, P. W. Camp, T. j.
Conner, John H. Boston, G. P. Rey-
nolds and ]. E. Massey complains
against Jim r. Brumby, Jr., as Mayor
Of the city Of Marietta, J. j. Black,
r. l.. Wallace, ]. ]. Daniel, G. t.
Northcutt, Virgil McCleskey and E. L..
Robertson, as Councilmen Of the city
of Marietta, ard the city Of Marietta,
and shows the following facts, to-wit:
Fret
The said city Of Marietta is q mu-
nicipal corporation within the said
county Of Cobb. The said Jim X.
Brumby, Jr., is Mayor Of said city and
has been during the years 1915, 1917
1918, 1919. The other individuals
named as defendants are Councilmen
of said city Of Marietta and all OF said
defendants reside within said county
Second
Petitioners are residents Of the city
of Marietta in said county, they are
males more than twenty-One years OF
age, and have been citizens Of said city
| for more than one year next proceed
ing the filing of this petition. Your
petitioners are eligible to registration
under the laws and charter OF said
state and when so registered are ell
gible and entitled to vote in all cleo
tons held in or for said city, Petit
TONERS are interested in the affairs
Of said city. the administration Of the
government Of said city, the expendi-
ture Of the city finances and the con-
servation of it's resources. Petitions
are tax payers Of said city and as such
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