The Marietta journal. (Marietta, Ga.) 1918-1944, 1920-10-22

Hugh A. Hill Treasurer and James Dan Finance
without authority following reasons
(D Said notes given for temporary
supply casual deficiencies of revenue of defendant.
() The assessed value of taxable property
not exceed 1892 1892 could not leg
ally incur said alleged debt because $764567
one-ffth of assessed value of taxable
property in said City of Marietta
(3) Said notes executed delivered assent
of twOhrds of the qualified City of Marietta
and without an election being for that purpose
~ Said notes given without therefor
" Inc defendant has never received consideration
for sadn
(6) The acts of Jim Bumby, Mayor Hugh A. Hill Treas
urer and James J. Daniel, ordnance and each
of them in the execution delivery of said notes were
unauthorized by law any legal authority
whatever, and the circumstances under which
said notes executed insufficient in
law to Great any liability against defendant.
Wherefore Defendant having fully answered, puts
itself the country.
il Foster, Gordon B. Gam Defendants Attorneys
GEORGIA, COBB COUNTY:
Personally appeared jim R. Brumby Jr Mayor of the
city OF Marietta, Georgia, who oath
ment contained in the foregoing re
Sworn to and before me this Octobers 1919
(SEAL) A. H. Gilbert, Notary Public County Ga
Filed in Clerks Office U. Court for the North
ern District of Georgia,
o. c. Fuller Clerk, by G. Hood Deputy
The journal stands for progress but before can
be hoped for Maretta Indebtedness be paid and her credit
Tins is problem that all interested welfare
OF MARIETTA should give most serious consideration.
The Council printed above show that the notes were
renewal notes up similar notes which had been issued
to the Frank Scarboro Company which December 81
1910 nat u.s. after paving the and Atlanta Street. eight
notes of the City of Marietta for given the Frank
Scarboro Company said falling due December 1918
The resolution the of Council quoted the
transaction by stating that the Council eight
follows For $6O0OOO each which will be due
December 81 1913 these be Com
y Tor the same amount and in lieu of the old falling
December 81 1873
Our readers will remember that Frank Scarboro
notes for $4,000 to the National Park York and then
absconded Therefore, the City could take the original
notes for S46OO which had already been sold Bank
The original notes for payment
and the City could not them seems City
dd pay the interest and note reducing the $42 00
In addition the 4S0O0 renewal there also
the City the United States Court
original notes and interest
few weeks statement published saying that $4,000
original notes had been settled by issuing
has not been settled and have issued
The and been
and presumably will trial the
What the padngs Of the City will be defense
journal does know
The original exactly notes Both sets
of notes printed and dencatha phraseoogy
the including all signatures city attorneys opinion etc
all given to the Frank Scarboro Company.
Whether the City will the payment Of the original The
journal does not know The of the City the fled
against force of the $4,000 renewal
earlier in this article would apply exactly the given
the Frank Scarboo Company except items AS under
stand it. the City did the for the batch